DISCLAIMER OF WARRANTIES AND LIABILITIES, WAIVER AND INDEMNIFICATION
A. No warranty: The subject material is provided without any warranty of
any kind, either expressed, implied, or statutory, including, but not limited
to, any, warranty that the subject material will conform to specifications,
any implied warranties of merchantability, fitness for a particular
purpose, or freedom from infringement, any warranty that the subject
material will be error free. This agreement does not, in any manner,
constitute an endorsement by the European Space Agency of any results,
resulting designs, hardware, software products or any other applications
resulting from use of the subject material.
B. Waiver and Indemnity: Recipient agrees to waive any and all claims against
the European Space Agency, its contractors and subcontractors. If recipient's
use of the subject material results in any liabilities, demands, damages,
expenses or losses arising from such use, including any damages from products
based on, or resulting from, recipient's use of the subject material, recipient
shall indemnify and hold harmless the European Space Agency, its
contractors and subcontractors, to the extent permitted by law.
Recipient's sole remedy for any such matter shall be the immediate,
unilateral termination of use of subject material.