1Unpublished Work Copyright 2019 Waymo LLC. All rights reserved. 2Waymo Proprietary and Confidential - Contains Trade Secrets 3 4This is the proprietary software of Waymo LLC ("Waymo") and/or its licensors, 5and may only be used, duplicated, modified or distributed pursuant to the 6terms and conditions of a separate, written license agreement executed 7between you and Waymo (an "Authorized License"). Except as set forth in an 8Authorized License, Waymo grants no license (express or implied), right to 9use, or waiver of any kind with respect to the Software, and Waymo expressly 10reserves all rights in and to the Software and all intellectual property 11rights therein. IF YOU HAVE NO AUTHORIZED LICENSE, THEN YOU HAVE NO RIGHT TO 12USE THIS SOFTWARE IN ANY WAY, AND SHOULD IMMEDIATELY NOTIFY WAYMO AND 13DISCONTINUE ALL USE OF THE SOFTWARE. 14 15Except as expressly set forth in the Authorized License: 16 171. This software includes trade secrets of Waymo, and you shall use all 18reasonable efforts to protect the confidentiality thereof. You shall use 19this software only in connection with your authorized use of Waymo products. 20 212. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAYMO PROVIDES THE 22WAYMO SOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND 23WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WAYMO EXPRESSLY 24DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING 25IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR 26PARTICULAR PURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING 27OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN 28WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF 29IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST OR 30EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF 31THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND WAYMO'S LIABILITY 32SHALL BE LIMITED TO THE EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW. 33 343. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 35WAYMO OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, 36INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING 37OUT OF OR IN CONNECTION WITH THE WAYMO SOFTWARE, REGARDLESS OF THE FORM OF 38ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR 39OTHERWISE, EVEN IF WAYMO HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE 40POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND 41DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 42EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 43 44 45================================= NOTICE =============================== 46