43
AGREEMENT OR THE USE OF OR INABILITY TO USE THE PROD-
UCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBIL-
ITY OF SUCH DAMAGES. LICENSOR DOES NOT WARRANT THAT
THE SOFTWARE DOES NOT INCLUDE ANY VIRUS OR DEFECTS,
THE SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNED TO
RESTRICT UNAUTHORIZED ACCESS; OR TO DISABLE, ERASE OR
OTHERWISE HARM THE SOFTWARE, HARDWARE, OR DATA; OR
TO PERFORM ANY OTHER SUCH ACTIONS AND LICENSOR
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITIES TO
RESTORE ANY SUCH DEFECTS.
6. Indemnification:
Licensor will not have any liability to Licensee for, and Licensee will
defend and hold Licensor harmless against, any claim, expense, judg-
ment, liability, or loss (including attorneys' fees and expert witnesses'
expenses) based on Licensee's use of any content of the Software,
arising from any intellectual property claim (including patent, trademark,
copyright, or trade secret infringement), any right of publicity or privacy
claim, or any defamation or unfair competition claim.
7. Termination.
Without prejudice to any other rights, Licensor may terminate this Agree-
ment if Licensee fails to comply with the terms and conditions herein.
Licensee may also terminate this Agreement at any time by destroying
the Software and Documentation and all copies thereof. The provi-
sions of sections 2, 3, 4, 5, 6 and 7 shall survive any termination of this
Agreement.