Introduction
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vided, however, that, notwithstanding anything contrary contained here-
in, you may not use the Profile on any network system or share, install or
use the Profile concurrently on different computers, or electronically
transfer the Profile from one computer to another or over a network.
b. You may not make or distribute copies, fix, alter, merge, modify, adapt,
sublicense, transfer, sell, rent, lease, gift or distribute all or a portion of
the Profile, or modify the Profile or create derivative works based upon
the Profile.
c. You acknowledge that the Profile is not intended for any usage which
may cause death or physical injury or environmental damage and agree
not to use the Profile for such usage.
d. You shall not use the Profile to develop any software or other technol-
ogy having the same primary function as the Profile, including but not lim-
ited to using the Profile in any development or test procedure that seeks
to develop like software or other technology, or to determine if such soft-
ware or other technology performs in a similar manner as the Profile.
e. DIC and other trademarks contained in the Profile are trademarks or
registered trademarks of DIC in Japan and/or other countries. You may
not remove or alter any trademark, trade names, product names, logo,
copyright or other proprietary notices, legends, symbols or labels in the
Profile. This License Agreement does not authorize you to use DIC’s or
its licensors’ names or any of their respective trademarks.
5. WARRANTY DISCLAIMER
a. THE PROFILE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN
“AS-IS” BASIS, IN ACCORDANCE WITH THE TERMS AND COONDI-
TIONS OF THIS LICENSE AGREEMENT. DIC PROVIDES NO TECHNI-
CAL SUPPORT, WARRANTIES OR REMEDIES FOR THE PROFILE.
b. DIC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE
AND QUIET ENJOYMENT. YOU SHALL ASSUME AND BE FULLY LIA-
BLE AND RESPONSIBLE FOR ALL RISKS IN CONNECTION WITH
YOUR USE OF THE PROFILE. DIC DOES NOT WARRANT THAT THE
PROFILE IS FREE OF DEFECTS OR FLAWS OR WILL OPERATE WITH-
OUT INTERRUPTION, AND IS NOT RESPONSIBLE FORCORRECTING
OR REPAIRING ANY DEFECTS OR FLAWS, FOR FEE OR GRATIS. NO
RIGHTS OR REMEDIES WILL BE CONFERRED ON YOU UNLESS EX-
PRESSLY GRANTED HEREIN.
6. LIMITATION OF LIABILITY
DIC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DA-
TA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUP-
TION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO