Bosch MU 100 Installation Instruction page 148

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commercial product offering, Product X. That Contributor
is then a Commercial Contributor. If that Commercial Con-
tributor then makes performance claims, or offers warran-
ties related to Product X, those performance claims and
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ty alone. Under this section, the Commercial Contributor
would have to defend claims against the other Contributors
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a court requires any other Contributor to pay any damages
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mages.
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WIT-
HOUT WARRANTIES OR CONDITIONS OF ANY KIND, EI-
THER EXPRESS OR IMPLIED INCLUDING, WITHOUT
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but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data,
programs or equipment, and unavailability or interruption
of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL
HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCI-
DENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DA-
MAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARI-
SING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF
THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRAN-
TED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
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148
7. GENERAL
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without further action by the parties hereto, such provision
shall be reformed to the minimum extent necessary to make
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cluding a cross-claim or counterclaim in a lawsuit) alleging
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under Section 2(b) shall terminate as of the date such liti-
gation is filed.
All Recipient's rights under this Agreement shall terminate
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ment terminate, Recipient agrees to cease use and distribu-
tion of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and
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ment from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. The Eclip-
se Foundation is the initial Agreement Steward. The Eclipse
Foundation may assign the responsibility to serve as the
Agreement Steward to a suitable separate entity. Each new
version of the Agreement will be given a distinguishing ver-
sion number. The Program (including Contributions) may
always be distributed subject to the version of the Agree-
ment under which it was received. In addition, after a new
version of the Agreement is published, Contributor may
elect to distribute the Program (including its Contributions)
under the new version. Except as expressly stated in Secti-
ons 2(a) and 2(b) above, Recipient receives no rights or li-
censes to the intellectual property of any Contributor under
this Agreement, whether expressly, by implication, estop-
pel or otherwise. All rights in the Program not expressly
granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New
York and the intellectual property laws of the United States
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tion under this Agreement more than one year after the
cause of action arose. Each party waives its rights to a jury
trial in any resulting litigation.
MU 100 – 6721804146 (2019/10)