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RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD
ANY SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY
FOR ANY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS
AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY,
WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
STRICT LIABILITY),
CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE
FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SUBJECT SOFTWARE OR
THE USE OR OTHER DEALINGS IN THE SUBJECT SOFTWARE. SOME
JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS
EXCLUSION AND
LIMITATION
MAY
NOT
APPLY
TO
RECIPIENT
TO
THE
EXTENT
SO
DISALLOWED.
10. Indemnity. Recipient shall be solely responsible for damages arising,
directly or indirectly, out of its utilization of rights under this License.
Recipient will defend, indemnify and hold SGI and its successors and assigns
harmless from and against any loss, liability, damages, costs or expenses
(including the payment of reasonable attorneys fees) arising out of
(Recipient's use, modification, reproduction and distribution of the Subject
Software or out of any representation or warranty made by Recipient.
11. U.S. Government End Users. The Subject Software is a "commercial item"
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