Terms
Comox Valley Events Website Terms and Conditions
These Terms and Conditions of Use (these "Terms") govern your use of the Comox Valley Events Website. We refer to ourselves in these Terms as "Comox Valley Events," or "we," or "us." Please read these Terms carefully before using the Comox Valley Events Website. By using the Comox Valley Events Website, you signify your assent to these Terms. If you do not agree to these Terms, you may not use the Comox Valley Events Website.
1. Ownership. The content on the Comox Valley Events Website, other than Submissions (defined below), including text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the Comox Valley Events trademark and logo, as well as certain other of the names, logos and materials displayed on or through the Comox Valley Events Website that constitute trademarks or logos ("Marks") are owned by or licensed to Comox Valley Events and are subject to copyright, trademark, and other intellectual property rights under Canada, U.S. and international laws.
2. Use of the Comox Valley Events Website and Content. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Comox Valley Events Website, or any portion of the Comox Valley Events Website, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by Comox Valley Events and its applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that we may use any information we obtain about you through the Comox Valley Events Website in accordance with the provisions of our Website Privacy Policy www.Comox Valley Events.org/privacy/website.
Prohibited content and activities include, but are not limited to:
(a) Violating any local, state, national, or international law or regulation.
(b) Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
(c) Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
(d) Knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
(e) Stalking, harassing, or harming another individual.
(f) Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
(g) Interfering with or disrupting the Comox Valley Events Website or servers or networks connected to the Comox Valley Events Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Comox Valley Events Website.
(h) Launching any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Comox Valley Events Website in a manner that sends more request messages to the Comox Valley Events Website in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
3. Submissions. The Comox Valley Events Website may enable you to submit your personal content to the Comox Valley Events Website for hosting, display, and distribution to other users of the Comox Valley Events Website (collectively "Submissions"), such as posting messages, photos and other content to community areas of the Comox Valley Events Website. When you provide Comox Valley Events with a Submission, you grant to Comox Valley Events and its affiliates, representatives and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free, license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions may be available to all users of the Comox Valley Events Website. Comox Valley Events reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote Comox Valley Events, the Comox Valley Events Website and any other Comox Valley Events products or services. Comox Valley Events reserves the right to modify Submissions in its sole and absolute discretion. Comox Valley Events is not required to host, display, or distribute any Submissions, and may refuse or remove them at any time.
You represent and warrant that: (a) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to Comox Valley Events the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; and (c) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to Comox Valley Events upon Comox Valley Events's request.
4. Feedback. You further agree that Comox Valley Events and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Submissions ("Feedback"), whether oral or written, that you may send to Comox Valley Events or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Comox Valley Events has no duties to you, with respect to such Feedback.
5. Digital Millennium Copyright Act. Comox Valley Events respects the intellectual property rights of others. Upon proper notice, Comox Valley Events will remove Submissions or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Comox Valley Events has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Comox Valley Events's copyright agent a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit Comox Valley Events to locate the material on the Comox Valley Events Website;
(c) information reasonably sufficient to permit Comox Valley Events to contact you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) your physical or electronic signature.
Please send all of the above enumerated information to the following Comox Valley Events copyright agent:
Comox Valley Events ,
2215 McKenzie Ave
Comox, British Columbia V9M1H9
T: 1.250.3331.307
E: copyright@comoxvalleyevents.com
Please do not send notices or inquiries unrelated to alleged copyright infringement to Comox Valley Events's designated agent.
6. Software available on the Comox Valley Events Website. Any software that is made available for download from the Comox Valley Events Website or is ordered through the Comox Valley Events Website is distributed pursuant to the GNU General Public License, Version 2, a complete copy of which is available in Schedule 1 below.
7. Links to and from other Websites. The Comox Valley Events Website may provide, or third parties may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that Comox Valley Events is not responsible for the availability of such websites or resources, and Comox Valley Events does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Comox Valley Events shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or resource.
8. Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Comox Valley Events WEBSITE IS AT YOUR SOLE RISK. THE Comox Valley Events WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Comox Valley Events AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE Comox Valley Events WEBSITE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Comox Valley Events AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE Comox Valley Events WEBSITE OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE Comox Valley Events WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE Comox Valley Events WEBSITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Comox Valley Events WEBSITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE Comox Valley Events WEBSITE BY ANY THIRD PARTY; AND
(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE Comox Valley Events WEBSITE.
Comox Valley Events AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Comox Valley Events WEBSITE OR ANY LINKED WEBSITE. Comox Valley Events AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Comox Valley Events WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Comox Valley Events OR THROUGH THE Comox Valley Events WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Comox Valley Events OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE Comox Valley Events WEBSITE.
10. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Comox Valley Events may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Comox Valley Events's liability shall be the minimum permitted under such applicable law.
11. Indemnity. You hereby agree to indemnify, defend, and hold harmless Comox Valley Events, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and legal costs) of any kind or nature, arising from or relating to (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Comox Valley Events Website; (b) your (or anyone using your account's) use of the Comox Valley Events Website; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Comox Valley Events reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Comox Valley Events in asserting any available defenses.
12. Force Majeure. Under no circumstances will Comox Valley Events be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
13. Termination. If you violate any of these Terms, your permission to use the Comox Valley Events Website and the Content automatically terminates.
14. Modifications to the Comox Valley Events Website. Comox Valley Events reserves the right to modify or discontinue the Comox Valley Events Website with or without notice to you. Comox Valley Events shall not be liable to you or any third party should Comox Valley Events exercise its right to modify or discontinue the Comox Valley Events Website.
15. Other Provisions. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms, the Comox Valley Events Website, or any software which is made available for download from the Comox Valley Events Website or is ordered through the Comox Valley Events Website shall be filed only in the state or federal courts located in Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Comox Valley Events to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms, together with the Comox Valley Events Privacy Policy, and any other principles, rules, or guidelines posted in connection with the Comox Valley Events Website, are the entire and exclusive agreement between Comox Valley Events and you regarding the Comox Valley Events Website, and these Terms supersede and replace any prior agreements between Comox Valley Events and you regarding the Comox Valley Events Website. Please note that certain end user license agreements govern your use of software which is made available for download from the Comox Valley Events Website or is ordered through the Comox Valley Events Website.
16. Changes to these Terms. From time to time, we may change these Terms. If we decide to change these Terms, in whole or in part, we will inform you by posting the revised Terms on the Comox Valley Events Website. Those changes will go into effect on the Effective Date disclosed at the end of the revised Terms. Your continued use of the Comox Valley Events Website constitutes your agreement to abide by the Terms as revised. If you object to any such revisions, your sole recourse shall be to stop using the Comox Valley Events Website.
Effective Date: October 25, 2009
Schedule 1 GNU General Public Licence Version 2
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.s
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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