We provide the Paradyn Parallel Performance Tools (below described as
"Paradyn") on an "as is" basis, and do not warrant its validity or
performance. We reserve the right to update, modify, or discontinue
this software at any time. We shall have no obligation to supply such
updates or modifications or any other form of support to you. All
warranties, including without limitation, any warranty of
merchantability or fitness for a particular purpose, are hereby
excluded.
By your use of Paradyn, you understand and agree that we (or any other
person or entity with proprietary rights in Paradyn) are under no
obligation to provide either maintenance services, update services,
notices of latent defects, or correction of defects for Paradyn.
Even if advised of the possibility of such damages, under no
circumstances shall we (or any other person or entity with proprietary
rights in the software licensed hereunder) be liable to you or any
third party for direct, indirect, or consequential damages of any
character regardless of type of action, including, without limitation,
loss of profits, loss of use, loss of good will, or computer failure
or malfunction. You agree to indemnify us (and any other person or
entity with proprietary rights in the software licensed hereunder) for
any and all liability it may incur to third parties resulting from
your use of Paradyn.