Common use of DISCLAIMER OF WARRANTY AND LIABILITY Clause in Contracts

DISCLAIMER OF WARRANTY AND LIABILITY. THE INFORMATION, IF RELEASED ------------------------------------ TO A LICENSEE HEREUNDER, IS BEING PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL. LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INFORMATION, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR THE INFORMATION.