Open Source License. 13.1 The Software Product uses or contains OSS set forth in Exhibit A. Notwithstanding anything to the contrary stated hereunder, installation or use of OSS shall be subject to their license terms, the applicable text of which are provided in Exhibit A. Some of OSS may, in its accompanying files, specify different version of the license terms and/or additional terms, which, if any, shall take precedence. 13.2 Each OSS shall be provided on an “AS IS” basis without warranty of any kind, and any express or implied warranties, including without limitation, any warranties of title, non-infringement, merchantability or fitness for a particular purpose are disclaimed. 13.3 IN ADDITION TO AND WITHOUT LIMITING THE GENERALITY OF THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN OPEN SOURCE LICENSES OR IN THE OTHER CLAUSES OF THIS AGREEMENT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL YOKOGAWA, ITS AFFILIATES AND SUPPLIERS BE LIABLE, IN RELATION TO OSS, FOR ANY CLAIM, LOSS OR DAMAGE BASED UPON OR RELATED TO, A THIRD PARTY CLAIM, ACTUAL OR ALLEGED INFRINGEMENT, MALFUNCTIONS OR LOSS OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE, EVEN IF YOKOGAWA, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
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Sources: Software License Agreement, Software License Agreement