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4. CONFIDENTIALITY
4.1 The structure, organisation and source code of
the Software are the valuable trade secrets and
proprietary confidential information of Licensor and
its licensors. You agree not to provide or disclose
any such confidential information in the Software or
derived from it to any third party.
4.2 The provisions of clause 4.1 will not apply to
any information which is:
4.2.1 lawfully obtained free of any duty of
confidentiality (otherwise than directly or indirectly
from Licensor); or
4.2.2 already in your possession, provided that
Licensee can show such possession from written
records (other than as a result of a breach of this
clause 4); or
4.2.3 which you can demonstrate is in the public
domain (other than as a result of a breach of this
clause 4).
4.3 To the extent that any information is necessarily
disclosed pursuant to a statutory or regulatory
obligation or court order, such disclosure shall not
be a breach of this clause 4 provided you do what
you can to prevent any such disclosure.
5. WARRANTY AND SUPPORT
The Software is provided "as is" with no
representation, guarantee or warranty of any kind as
to its functionality or that it does not and will not
infringe any third party rights (including intellectual
property rights). Licensor has no obligation under
this License to provide technical or other support to
you.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Licensor does not exclude its liability (if any) to
you:
6.1.1 for personal injury or death resulting from
Licensor's negligence;
6.1.2 for fraud; or
6.1.3 for any matter for which it would be illegal for
Licensor to exclude or to attempt to exclude its
liability.
6.2 LICENSOR MAKES NO EXPRESS WARRANTIES
WITH RESPECT TO THE SOFTWARE AND LICENSOR
HEREBY EXCLUDES (TO THE FULLEST EXTENT
PERMISSIBLE IN LAW), ALL CONDITIONS,
WARRANTIES (INCLUDING WITHOUT LIMITATION
ANY WARRANTY THAT THE SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT ITS OPERATION
WILL BE UNINTERRUPTED OR ERROR FREE) AND
STIPULATIONS, EXPRESS (OTHER THAN THOSE SET
OUT IN THIS LICENSE) OR IMPLIED, STATUTORY,
CUSTOMARY OR OTHERWISE WHICH, BUT FOR
SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN
FAVOUR OF YOU. EXCEPT AS SET OUT IN THIS
LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE.
6.3 SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE
UNDER NO LIABILITY TO YOU WHATSOEVER
(WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF STATUTORY DUTY,
RESTITUTION OR OTHERWISE) FOR ANY INJURY,
Warranty Information
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