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Subject Software, including but not limited to, all export and import control
laws and regulations of the U.S. government and other countries. Recipient may
not distribute Subject Software that (i) in any way infringes (directly or
contributorily) the rights (including patent, copyright, trade secret,
trademark or other intellectual property rights of any kind) of any other
person or entity, or (ii) breaches any representation or warranty, express,
implied or statutory, which under any applicable law it might be deemed to
have been distributed.
7. Claims of Infringement. If Recipient at any time has knowledge of any one
or more third party claims that reproduction, modification, use, distribution,
import or sale of Subject Software (including particular functionality or code
incorporated in Subject Software) infringes the third party's intellectual
property rights, Recipient must place in a well-identified web page bearing
the title "LEGAL" a description of each such claim and a description of the
party making each such claim in sufficient detail that a user of the Subject
Software will know whom to contact regarding the claim. Also, upon gaining
such knowledge of any such claim, Recipient must conspicuously include the URL
for such web page in the Required Notice, and in the text of any related
documentation, license agreement or collateral in which Recipient describes
end user's rights relating to the Subject Software. If Recipient obtains such
knowledge after it makes Subject Software available to any other person or
entity, Recipient shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to provide such knowledge
to those who received the Subject Software.
8. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS
IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF
DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SGI
ASSUMES NO
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD
ANY SOFTWARE
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