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ANY SOFTWARE, INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS GRANTED OR PROVIDED BY CARNEGIE MELLON PURSUANT TO THIS AGREEMENT (HEREINAFTER THE "DELIVERABLES") ARE ON AN "AS-IS" BASIS. CARNEGIE MELLON MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, NONINFRINGEMENT, OR ERROR-FREE OPERATION. CARNEGIE MELLON SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, REGARDLESS OF WHETHER CARNEGIE MELLON WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF CARNEGIE MELLON, EXPRESS OR IMPLIED, TO ANY PERSON CONCERNING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED WITH THE DELIVERABLES UNDER THIS AGREEMENT.

Licensee hereby agrees to defend, indemnify, and hold harmless Carnegie Mellon, its trustees, officers, employees, and agents from all claims or demands made against them (and any related losses, expenses, or attorney's fees) arising out of, or relating to Licensee's and/or its sub licensees' negligent use or willful misuse of or negligent conduct or willful misconduct regarding the Software, facilities, or other rights or assistance granted by Carnegie Mellon under this Agreement, including, but not limited to, any claims of product liability, personal injury, death, damage to property, or violation of any laws or regulations.

Carnegie Mellon University Software Engineering Institute authored documents are sponsored by the U.S. Department of Defense under Contract F19628-00-C-0003. Carnegie Mellon University retains copyrights in all material produced under this contract. The U.S. Government retains a non-exclusive, royalty-free license to publish or reproduce these documents, or allow others to do so, for U.S. Government purposes only pursuant to the copyright license under the contract clause at 252.227.7013.

To the extent that the terms of the GNU Public License (GPL), Version 2, June 1991, do not conflict with the terms of this Agreement, the GPL shall apply to Licensee's use of this Software. In the event of a conflict between the specific terms enumerated in this Agreement and the terms of the GPL, the terms of this Agreement shall control.