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In no event will EMBARK be liable for any direct or indirect damages, even if EMBARK is aware of the possibility of such damages, including without limitation loss of profits or for any other special, consequential, exemplary or incidental damages, however caused, whether based upon contract, negligence, strict liability in tort, warranty, or any other legal theory, arising out of or related to your use of the Data. The parties intend that this limitation should apply even if it causes any warranty to fail of its essential purpose.
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In the event of any conflict between these Terms and the terms governing general use of the http://embarkok.com/business/developer-resources site, these Terms will be controlling as to matters expressly addressed herein. These Terms constitute the entire agreement between the parties as to their subject matter.