1. DISCLAIMERS: BEA MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES—EXPRESS OR IMPLIED: (1) AS TO THE QUALITY, ACCURACY, OR SAFETY FOR ANY USE OF THE REFERENCE DATA; (2) THAT USE OF THE REFERENCE DATA WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT; AND (3) AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, INCLUDING RECIPIENT’S INTENDED PURPOSE. ALL REFERENCE DATA IS PROVIDED “AS IS.”
2. LIABILITY RELEASE: Recipient assumes all liability for damages which may arise from its use of the Reference Data. Recipient agrees to waive all claims and damages against BEA, the U.S. Government, and persons acting on their behalf, arising from the use of the Reference Data by the Recipient. NEITHER BEA NOR THE U.S. GOVERNMENT SHALL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ATTRIBUTED TO: (1) THE REFERENCE DATA; OR (2) ANY PRODUCT OR INTELLECTUAL PROPERTY DEVELOPED FROM THE REFERENCE DATA.
3. GENERAL INDEMNITY: Recipient agrees to indemnify BEA, the U.S. Government, and persons acting on their behalf from all liability; including damages, attorneys’ fees, costs, and expenses incurred; to any person, including the Recipient; for injury to or death of persons or other living things, or damage to or destruction of property arising out of Recipient’s use of the Reference Data; and not directly resulting from the fault or negligence of BEA, the U.S. Government, or persons acting on their behalf.
4. PRODUCT LIABILITY INDEMNITY: Recipient agrees to indemnify BEA, the U.S. Government, and persons acting on their behalf from all liability; including damages, attorneys’ fees, costs, and expenses incurred; to any person, including the Recipient; for injury to or death of persons or other living things, or damage to or destruction of property, arising out of the making, using, or selling of a product, process, or service which was derived from the Reference Data by or on behalf of the Recipient, its assignees, or its licensees; and not directly resulting from the fault or negligence of BEA, the U.S. Government, or persons acting on their behalf.
5. INTELLECTUAL PROPERTY INDEMNITY: Recipient agrees to indemnify BEA, the U.S. Government, and persons acting on their behalf from all liability; including damages, attorneys’ fees, costs, and expenses incurred; for infringement of any patent, copyright, or other intellectual property arising out of any acts performed or directed by the Recipient to be performed regarding the Reference Data to the extent such acts are not already performed at the facility. Such indemnity shall not apply to a claimed infringement that is settled without the consent of the Recipient unless required by a court of competent jurisdiction.
Updated 9/30/2017