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Warranty, Disclaimer, Assumption of Risk, and Indemnification

Definition: The term "person" as used in this section includes not only a natural person but any entity, (including natural persons), who holds a copyright in, or published, developed, designed, modified, distributed, redistributed, or in any way contributed to this software or program.

NO WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WSDOT, NOR ANY PERSON, EITHER EXPRESSLY OR IMPLICITLY, WARRANTS ANY ASPECT OF THIS SOFTWARE OR PROGRAM, INCLUDING ANY OUTPUT OR RESULTS OF THIS SOFTWARE OR PROGRAM. UNLESS AGREED TO IN WRITING. THIS SOFTWARE AND PROGRAM IS BEING PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY TYPE OR NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THIS SOFTWARE OR PROGRAM IS FREE FROM DEFECTS.

ASSUMPTION OF RISK: THE RISK OF ANY AND ALL LOSS, DAMAGE, OR UNSATISFACTORY PERFORMANCE OF THIS SOFTWARE OR PROGRAM RESTS WITH YOU AS THE USER. TO THE EXTENT PERMITTED BY LAW, NEITHER WSDOT, NOR ANY PERSON EITHER EXPRESSLY OR IMPLICITLY, MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE APPROPRIATENESS OF THE USE, OUTPUT, OR RESULTS OF THE USE OF THIS SOFTWARE OR PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, BEING CURRENT OR OTHERWISE. NOR DO THEY HAVE ANY OBLIGATION TO CORRECT ERRORS, MAKE CHANGES, SUPPORT THIS SOFTWARE OR PROGRAM, DISTRIBUTE UPDATES, OR PROVIDE NOTIFICATION OF ANY ERROR OR DEFECT, KNOWN OR UNKNOWN. IF YOU RELY UPON THIS SOFTWARE OR PROGRAM, YOU DO SO AT YOUR OWN RISK, AND YOU ASSUME THE RESPONSIBILITY FOR THE RESULTS. SHOULD THIS SOFTWARE OR PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL LOSSES, INCLUDING, BUT NOT LIMITED TO, ANY NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY PROPERTY INVOLVED.

DISCLAIMER: IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, SHALL WSDOT, OR ANY PERSON BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGE, OF ANY TYPE OR NATURE ARISING OUT OF THE USE OF, OR INABILITY TO USE THIS SOFTWARE OR PROGRAM, INCLUDING, BUT NOT LIMITED TO, CLAIMS, SUITS OR CAUSES OF ACTION INVOLVING ALLEGED INFRINGEMENT OF COPYRIGHTS, PATENTS, TRADEMARKS, TRADE SECRETS, OR UNFAIR COMPETITION.

INDEMNIFICATION: TO THE EXTEND PERMITTED BY LAW THROUGH THIS LICENSE, YOU, THE LICENSEE, AGREE TO INDEMNIFY AND HOLD HARMLESS WSDOT, ITS OFFICIALS AND EMPLOYEES, AND ANY PERSON FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, CAUSES OF ACTION, DAMAGES, JUDGMENTS, AND EXPENSES, INCLUDING THE REASONABLE COST OF ATTORNEYS’ FEES AND COURT COSTS, FOR INJURIES OR DAMAGES TO THE PERSON OR PROPERTY OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATIONS, CONSEQUENTIAL DAMAGES AND ECONOMIC LOSSES, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, MODIFICATION, OR DISTRIBUTION OF THIS SOFTWARE OR PROGRAM, ITS OUTPUT, OR ANY ACCOMPANYING DOCUMENTATION.