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Nothing contained on this Server shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of DOLPHIN TECHNOLOGY or any third party. Nothing contained herein shall be constructed as conferring any license or right under any Dolphin TECHNOLOGY; provided, however, that software Materials may be governed by an End-user License Agreement accompanying such software. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any DOLPHIN TECHNOLOGY copyright; provided however, that software Materials may be governed by an End-user License Agreement accompanying such software. Software Materials may not be downloaded unless you agree to the terms provided herein, and the corresponding End-user License Agreement, if any.

ALL MATERIALS, INCLUDING BUT NOT LIMITED TO SOFTWARE MATERIALS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DOLPHIN TECHNOLOGY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO MATERIALS, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, IMPLIED OR EXPRESS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOLPHIN TECHNOLOGY DOES NOT WARRANT THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT OR USE, THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS IN THE MATERIALS WILL BE CORRECTED. IN NO EVENT SHALL DOLPHIN TECHNOLOGY BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES), WHETHER BASED ON A CLAIM OF BREACH OF CONTRACT, BREACH OF WARRANTY, INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF, IN CONNECTION WITH, OR IN CONTEMPLATION OF THE USE OR PERFORMANCE OF MATERIALS PROVIDED FROM THIS SERVER, EVEN IF DOLPHIN TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You are also advised that (1) any of the Materials may contain errors or omissions; (2) DOLPHIN TECHNOLOGY may remove, replace, or make changes in the Materials without notice at any time; and (3) DOLPHIN TECHNOLOGY is under no obligation to update the Materials. Any feedback, comments, suggestions, or the like provided to DOLPHIN TECHNOLOGY in connection with any DOLPHIN TECHNOLOGY web site or any Materials from this DOLPHIN TECHNOLOGY Web Server shall be considered as non-confidential information and DOLPHIN TECHNOLOGY shall be free to use such information on an unrestricted basis. DOLPHIN TECHNOLOGY, the DOLPHIN TECHNOLOGY logo, combinations of DOLPHIN TECHNOLOGY and the DOLPHIN TECHNOLOGY logo as well as certain other marks including, but not limited to, those marks identified in the hyperlink Trademark Information, are trademarks of Dolphin Technology, Inc. Other product and company names used on this Server are used for identification purposes only and may be trademarks of other companies.