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    USER recognizes that the Software is provided by BATTELLE on an as-is basis. Neither BATTELLE, nor the U.S. Government makes any representation of the accuracy, safety or usefulness for any purpose, of the Software at any time made available by BATTELLE. Neither the U.S. Government nor BATTELLE nor any affiliated company of BATTELLE shall have any liability whatsoever to USER or any other person for or on account of any injury, loss, or damage, of any kind or nature sustained by, or any damage assessed or asserted against, or any other liability incurred by or imposed upon USER or any other person, arising out of or in connection with or resulting from (i) the production, use or sale of the Software or any apparatus or product, or process; (ii) the use of any technical information, techniques, or practices disclosed by BATTELLE; or (iii) any advertising or other promotional activities with respect to any of the foregoing, and USER shall hold the U.S. Government, BATTELLE, and any affiliated company of BATTELLE, harmless in the event the U.S. Government, BATTELLE, or any affiliated company of BATTELLE, is held liable.

    Export Control. USER agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations (collectively the "Export Laws"). Export of the Software may require some form of license or other authority from the U.S. Government, and failure to obtain such export control license may result in criminal liability under U.S. laws.

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