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   PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
   KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
   WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
   OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
   responsible for determining the appropriateness of using and
   distributing the Program and assumes all risks associated with its
   exercise of rights under this Agreement, including 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,
   INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
   WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
   LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
   NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
   DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
   HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   7. GENERAL
   
   If any provision of this Agreement is invalid or unenforceable under
   applicable law, it shall not affect the validity or enforceability of
   the remainder of the terms of this Agreement, and without further
   action by the parties hereto, such provision shall be reformed to the
   minimum extent necessary to make such provision valid and enforceable.
   
   If Recipient institutes patent litigation against a Contributor with
   respect to a patent applicable to software (including a cross-claim or
   counterclaim in a lawsuit), then any patent licenses granted by that
   Contributor to such Recipient under this Agreement shall terminate as
   of the date such litigation is filed. In addition, If Recipient
   institutes patent litigation against any entity (including a
   cross-claim or counterclaim in a lawsuit) alleging that the Program
   itself (excluding combinations of the Program with other software or
   hardware) infringes such Recipient's patent(s), then such Recipient's
   rights granted under Section 2(b) shall terminate as of the date such
   litigation is filed.
   
   All Recipient's rights under this Agreement shall terminate if it
   fails to comply with any of the material terms or conditions of this
   Agreement and does not cure such failure in a reasonable period of
   time after becoming aware of such noncompliance. If all Recipient's
   rights under this Agreement terminate, Recipient agrees to cease use
   and distribution of the Program as soon as reasonably practicable.
   However, Recipient's obligations under this Agreement and any licenses
   granted by Recipient relating to the Program shall continue and
   survive.
   
   IBM may publish new versions (including revisions) of this Agreement
   from time to time. Each new version of the Agreement will be given a
   distinguishing version number. The Program (including Contributions)
   may always be distributed subject to the version of the Agreement
   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. No one
   other than IBM has the right to modify this Agreement. Except as
   expressly stated in Sections 2(a) and 2(b) above, Recipient receives
   no rights or licenses to the intellectual property of any Contributor
   under this Agreement, whether expressly, by implication, estoppel 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 of America. No
   party to this Agreement will bring a legal action 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.