The Evaluation Kit is provided “As Is” and possibly with faults. Intel is under no obligation to provide updates, upgrades, support, or maintenance of any kind under this Agreement. Intel disclaims any and all warranties and guarantees, express, implied or otherwise, arising with respect to the Evaluation Kit delivered hereunder, including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and any warranty of non-infringement of the intellectual property rights of any third party. Intel neither assumes nor authorizes any person to assume for it any
other liability. Developer will use the Evaluation Kit at its own risk. Intel will not be liable to Developer for any direct or indirect damages incurred in using the Evaluation Kit. In no event will Intel be liable for loss of profits, loss of use, loss of data, business interruption, nor for punitive, incidental, consequential, or special damages of any kind, even if advised of the possibility of such damages.