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Similarly, if you download the Content and do not agree to applicable open-source and/or third-party license terms that apply to the Content, do not use the Content. Content does not come with any support or maintenance and is not intended for use in commercial or other production environment.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT WIND RIVER HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE CONTENT AND THAT THE CONTENT IS BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. WIND RIVER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY: IN NO EVENT WILL WIND RIVER BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WIND RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THIRD PARTY SOFTWARE: In lieu of these terms of service, such Content may be subject to additional terms, which terms supersede the terms set forth herein with respect to such Third Party Software. Your license to use the Content is limited solely to the applicable open-source licenses for each software file. The open-source licenses and a link to the obtain source code can be found in the Content ‘read me’ file. Wind River grants no other licenses to the Content, and all rights not expressly granted herein are reserved by Wind River and its licensors.
EXPORT CONTROL: All software and technical information provided by Wind River under these terms of service are subject to U.S. export controls under the Export Administration Regulations (the “EAR”) and may be subject to export, re-export or import regulations in other countries (“Export Laws”). You agree to strictly comply with all such Export Laws. You will not export, re-export, or transfer the software and technical information, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions (currently including but not necessarily limited to, Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine); (2) any end users who You know or have reason to know will use them for any purpose prohibited by Export Laws, including, without limitation, in the design, development or production of nuclear, chemical or biological weapons proliferation, or development of missile technology; or (3) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. Some of Wind River’s products are classified as “restricted” encryption products under Section 740.17(b)(2) of the EAR and may not be exported or re-exported to government end-users (as defined in Section 772 of the EAR) outside the countries listed in Supplement No. 3 of Part 740 of the EAR without authorization from the U.S. government. You agree that Wind River shall not be required to complete delivery of export controlled software and technical information unless and until all required export licenses have been obtained.
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