The user shall indemnify, save harmless, and, if requested, defend the Commonwealth, the University, their officers, agents, and employees from and against any suits, claims, or actions for injury, death, or property damage arising out of the use of or any defect in the FILES or any accompanying documentation.
The University excludes any and all implied warranties, including warranties or merchantability and fitness for a particular purpose.
The University makes no warranty or representation, either express or implied, with respect to the FILES or accompanying documentation, including its quality, performance, merchantability, or fitness for a particular purpose. The FILES and documentation are provided "as is" and the USER assumes the entire risk as to its quality and performance.
The University will not be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use the FILES or any accompanying documentation.
The USER is granted permission to translate and add value to the FILES for the use of the FILES on its computer hardware; provided, however, that the USER annually notify the University of any customizing or value-adding work done.