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d.reverse engineer, disassemble, decompile, decode or adapt the Software, or
<br />otherwise attempt to derive or gain access to the source code of the Software, in
<br />whole or in part;
<br />e.bypass or breach any security device or protection used for or contained in the
<br />Software;
<br />f.remove, delete, efface, alter, obscure, translate, combine, supplement or
<br />otherwise change any trademarks, terms of the use, warranties, disclaimers, or
<br />proprietary rights or other symbols, notices, marks or serial numbers on or relating
<br />to any copy of the Software;
<br />g.use the Software in any manner or for any purpose that infringes,
<br />misappropriates or otherwise violates any intellectual property right or other right of
<br />any person or entity, or that violates any applicable law;
<br />h.use the Software for purposes of: (i) benchmarking or competitive analysis of the
<br />Software; (ii) developing, using or providing a competing software product or service;
<br />or (iii) any other purpose that is to Provider’s detriment or commercial disadvantage;
<br />or
<br />i.use the Software in or in connection with the design, construction, maintenance,
<br />operation or use of any hazardous environments, systems or applications, any safety
<br />response systems or other safety-critical applications, or any other use or application
<br />in which the use or failure of the Software could lead to personal injury or severe
<br />physical or property damage.
<br />4.WARRANTIES AND DISCLAIMERS.
<br />4.1. Representations and Warranties. Each Party represents and warrants that the execution,
<br />delivery, and performance by such Party of this Agreement are within its powers and have been
<br />duly authorized by all necessary action by such Party. User represents, warrants, and covenants
<br />that it will comply fully with all federal, state, and local laws, rules, requirements, and regulations
<br />pertaining to the Software and its business and operations.
<br />4.2. DISCLAIMER OF WARRANTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE SOFTWARE
<br />HAS BEEN PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR THE EXPRESS
<br />WARRANTIES SET FORTH IN SECTION 4.1, PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND,
<br />EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
<br />FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE
<br />FOREGOING, PROVIDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE
<br />SOFTWARE, INCLUDING THEIR ACCURACY, CURRENCY AND COMPLETENESS, AND ALL RESULTS
<br />OBTAINED THEREFROM.
<br />4.3. LIMITATION OF LIABILITY. EXCEPT AS FOR LIABILITIES ARISING OUT OF GROSS NEGLIGENCE OR
<br />WILLFUL MISCONDUCT, IN NO EVENT WILL PROVIDER, ITS SUBSIDIARIES, OR AFFILIATES, OR ITS
<br />OR THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS,
<br />SUCCESSORS OR ASSIGNS, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST
<br />DATA, INTERRUPTION OF BUSINESS, INACCURATE DISTRIBUTION, OR OTHER SPECIAL, INDIRECT,
<br />PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN CONTRACT,
<br />TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH
<br />DocuSign Envelope ID: 8161DA59-2376-4849-ABAC-306B75528C22
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