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f. In addition to the indemnification obligations set forth in Section 4c above, You agree to defend, indemnify, and hold Snap and its officers, directors, employees and agents, harmless from and against all claims, losses, expenses, damages, awards, interest, costs, and settlements relating to: (i) any statements, assertions, representations or allegations made by You or any third party in any web page or other form of communication connected with Snap Camera; (ii) Your Content, Third Party Tools, or Third Party Software; (iii) Your use of Snap Camera or Third Party Tools; (iv) Snap services; (v) any inaccuracy or omission in Your Content, Third Party Tools, or Third Party Software; or (vi) any provision of this Agreement and any related document or product documentation that You download or access from Snap.
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4. General. To the extent permissible by applicable law, you agree that all proceeding in connection with your downloading, installation, and use of Snap Camera (including any claim, action, lawsuit, or other proceeding), shall be done solely and exclusively in the state or federal courts located in Boston, Massachusetts, United States of America, and you further consent and agree to the exercise of jurisdiction and venue in such courts over you.
5. WARRANTY. Snap warrants to You that it will perform the Snap Camera Software in accordance with the Snap Camera Software and Documentation, including without limitation, the Guidelines, as of the Effective Date. If Snap breaches this warranty, Snap will indemnify You against any and all losses, expenses, damages, taxes, claims, or actions of any kind caused by such breach, including without limitation, reasonable attorneys fees and court costs. Snaps liability under this Section 5 shall be limited to the amount of actual damages to You caused by such breach. The sections of the Snap Camera Software and Documentation that provide for Snaps warranty are as follows: (a) Statement of Defect.Snap provides the Snap Camera Software on an AS IS basis without warranty of any kind, either expressed or implied, and Snap disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. (b) DisclaimerSnap Camera is provided on an AS IS basis and Snap cannot give any guarantee for a specific result. Snap cannot ensure that Snap Camera will perform in any particular way or that the Snap Camera Software will work in the same way on different operating systems or hardware configurations (e.g. 32-bit vs. 64-bit, 32-bit vs. 64-bit operating systems).