Kent Beck and Erich Gamma licenses the Software to you on an "AS IS" basis, without warranty of any kind. Kent Beck and Erich Gamma HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Software and assume all risks associated with the use and distribution of this Software, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. KENT BECK AND ERICH GAMMA WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF KENT BECK AND ERICH GAMMA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Kent Beck and Erich Gamma will not be liable for the loss of, or damage to, your records or data, or any damages claimed by you based on a third party claim.
You agree to distribute the Software and any Software Derivatives under a license agreement that: 1) is sufficient to notify all licensees of the Software and Software Derivatives that Kent Beck and Erich Gamma assumes no liability for any claim that may arise regarding the Software or Software Derivatives, and 2) that disclaims all warranties, both express and implied, from Kent Beck and Erich Gamma regarding the Software and Software Derivatives. (If you include this Agreement with any distribution of the Software and Software Derivatives you will have met this requirement). You agree that you will not delete any copyright notices in the Software.
This Agreement is the exclusive statement of your rights in the Software
as provided by Kent Beck and Erich Gamma. Except for the licenses
granted to you in the second paragraph above, no other licenses are granted
hereunder, by estoppel, implication or otherwise.