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Rev. 2024-08-06 pg. 22 <br /> <br />REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, <br />STRICT PRODUCT LIABILITY, OR OTHERWISE; (ii) EVEN IF PROVIDER IS <br />ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION <br />AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iii) EVEN IF <br />PROVIDER’S REMEDIES FAIL FOR THEIR ESSENTIAL PURPOSE. IF APPLICABLE <br />LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, <br />PROVIDER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT <br />PERMISSIBLE. <br />6. LIMITED WARRANTY. EXCEPT FOR THE EXPRESS WARRANTIES, <br />PROVIDER MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY, <br />EXPRESS OR IMPLIED, BEYOND THOSE STATED HEREIN. PROVIDER <br />DISCLAIMS ALL WARRANTIES AS TO THE MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. <br />PROVIDER DOES NOT WARRANT THAT THE HARDWARE, SERVICE OR <br />SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE; <br />AND EXCEPT AS PROVIDED IN THE EXPRESS WARRANTIES IN THIS EXHIBIT A, <br />THE HARDWARE AND SOFTWARE ARE PROVIDED “AS IS.” <br />7. U.S. Government Restricted Rights. The software and documentation are provided with <br />RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to <br />restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer <br />Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial <br />Computer Software Restricted Rights at 48 CFR 52.22719, as applicable. <br />8. Export Restrictions. Sub-merchant acknowledges that the software acquired hereunder <br />may include technical data subject to U.S. export control laws and regulations. Sub-merchant <br />confirms that it will not export or re-export the software, directly or indirectly, either to: (i) any <br />countries that are subject to U.S. export restrictions, (ii) any end user who Sub-merchant knows or <br />has reason to know will utilize them in the design, development or production of nuclear, chemical <br />or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S. <br />export Transactions by any federal agency of the U.S. government.