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DISCLAIMER

DISCLAIMERDISCLAIMER

DISCLAIMER

THE SOFTWARE IS OWNED AND PROVIDED BY TRANSCEND INFORMATION,

INC (“TRANSCEND”). TRANSCEND MAKES NO WARRANTY AND

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND

ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS CONTAINED WITHIN THE SOFTWARE FOR ANY

PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES

AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF

ANY KIND. TRANSCEND HEREBY DISCLAIMS ALL WARRANTIES AND

CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED

WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND

NON-INFRINGEMENT.

IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT,

PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY

DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY

CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE

SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE SOFTWARE,

WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY

OR OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.