NASA MAKES NO REPRESENTATIONS REGARDING DATA PROVIDED TO BEAR SWAMP LUMBER COMPANY NOR ANY REPRESENTATIONS REGARDING DATA PRODUCED IN THE PERFORMANCE OF WORK UNDER THIS MOA SOLELY BY NASA OR JOINTLY BY BEAR SWAMP LUMBER COMPANY AND NASA, AND EXTENDS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE DATA WILL CONFORM TO SPECIFICATIONS, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE DOCUMENTATION WILL CONFORM TO THE DATA, AND ANY WARRANTY THAT THE DATA WILL BE ERROR-FREE, WHETHER OR NOT THE ERROR IS DISCOVERABLE.

IN NO EVENT SHALL NASA BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF DATA PROVIDED TO BEAR SWAMP LUMBER COMPANY OR THE USE OF ANY DATA PRODUCED IN THE PERFORMANCE OF WORK UNDER THIS MOA SOLELY BY NASA OR JOINTLY BY BEAR SWAMP LUMBER COMPANY AND NASA, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE, WHETHER OR NOT DAMAGES ARE BASED ON A THIRD PARTY CLAIM, WHETHER OR NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT OF, THE RESULTS OR USE OF THIS DATA, AND REGARDLESS OF WHETHER NASA SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.