DISCLAIMER OF WARRANTY
EXCEPT AS SET FORTH HEREIN, THIS SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDERS OF THIS SOFTWARE FURTHER DISCLAIM ALL EXPRESSED AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO SUPPORT OR MAINTENANCE IS OFFERED.
In addition to the foregoing disclaimer:
A. NO WARRANTIES OF ANY KIND WHATSOEVER ARE MADE AS TO THE RESULTS THAT YOU WILL OBTAIN FROM RELYING UPON THIS SOFTWARE (OR ANY INFORMATION OR CONTENT OBTAINED BY WAY OF THIS SOFTWARE), INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH PRIVACY LAWS OR REGULATIONS OR CLINICAL CARE INDUSTRY STANDARDS AND PROTOCOLS. USE OF THIS SOFTWARE IS NOT A SUBSTITUTE FOR A HEALTH CARE PROVIDER'S STANDARD PRACTICE OR PROFESSIONAL JUDGMENT. ANY DECISION WITH REGARD TO THE APPROPRIATENESS OF TREATMENT, OR THE VALIDITY OR RELIABILITY OF INFORMATION OR CONTENT MADE AVAILABLE BY THIS SOFTWARE, IS THE SOLE RESPONSIBILITY OF THE HEALTH CARE PROVIDER. CONSEQUENTLY, IT IS INCUMBENT UPON EACH HEALTH CARE PROVIDER TO VERIFY ALL MEDICAL HISTORY AND TREATMENT PLANS WITH EACH PATIENT.
B. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ANY CONTRIBUTOR, OR ANYONE WHO DISTRIBUTES THIS SOFTWARE AS PERMITTED BY THE LICENSE, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, OF ANY NATURE WHATSOEVER (DIRECT OR OTHERWISE) ON ACCOUNT OF OR ASSOCIATED WITH THE USE OR INABILITY TO USE THE COVERED CONTENT (INCLUDING, WITHOUT LIMITATION, THE USE OF INFORMATION OR CONTENT MADE AVAILABLE BY THIS SOFTWARE, ALL DOCUMENTATION ASSOCIATED THEREWITH, AND THE FAILURE OF THIS SOFTWARE TO COMPLY WITH PRIVACY LAWS AND REGULATIONS OR CLINICAL CARE INDUSTRY STANDARDS AND PROTOCOLS), EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PROVIDERS OF THIS SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THIS SOFTWARE, EVEN IF THE PROVIDERS OF THIS SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.