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4. Backup copy
After having installed a copy of the Software pursuant to this Agree-
ment, Licensee may make a single copy of the Software for backup
and archival purposes only, provided that any copy must contain all
proprietary notices included in the original. If another original medium
becomes necessary to use the Software on a computer under this Agree-
ment, Licensee may make a single copy of the Software. Except as
specifically provided herein, Licensee shall refrain from making copy of
the Software or its incidental documents such as user manual in any
manner whatsoever.
5. DISCLAIMER OF WARRANTY:
THE SOFTWARE IS DEEMED ACCEPTED BY LICENSEE UPON IT'S
USE BY LICENSEE.
THE SOFTWARE IS PROVIDED TO LICENSEE AS IS, WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMIT-
TED BY APPLICABLE LAW. LICENSOR FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE OF THE PROD-
UCT AND DOCUMENTATION REMAINS WITH LICENSEE. IN NO
EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROF-
ITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMA-
TION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS