and Conditions ("Agreement")
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Support. The standard Netscape client products come with no support
No Warranty/As Is. THE PRODUCT SUBJECT TO THIS AGREEMENT DOES NOT
COME WITH SUPPORT OF ANY KIND AND IS PROVIDED TO APPLICANT "AS IS" AND
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. NETSCAPE EXPRESSLY DISCLAIMS
ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnity. Netscape shall have no obligation or liability for, and
Applicant shall defend, indemnify, and hold Netscape harmless from and
against any claim (including reasonable attorneys' fees and costs) arising
from Applicant's use of the standard Netscape client products under, and/or
compliance with the terms and conditions set forth in, this Agreement.
Limitation of Liability. (a) TO THE EXTENT ALLOWED BY APPLICABLE
LAW, IN NO EVENT SHALL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF
BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN
IF NETSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (b) IN NO EVENT
WILL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST APPLICANT
BY ANY THIRD PARTY. (c) IN NO EVENT SHALL NETSCAPE OR ITS SUPPLIERS BE
LIABLE FOR (i) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY
APPLICANT, ANY DISTRIBUTOR, OR THEIR RESPECTIVE AGENTS; (ii) FAILURE OF
THE PRODUCTS TO PERFORM; (iii) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;
OR (iv) THE RESULTS OR INFORMATION OBTAINED OR DECISIONS MADE BY END USERS
OF THE PRODUCTS OR THE DOCUMENTATION. THIS LIMITATION OF LIABILITY IS AN
ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT.
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