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Spice Models

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DIODES INCORPORATED AND ITS AFFILIATED COMPANIES AND SUBSIDIARIES (COLLECTIVELY, "DIODES") PROVIDE THESE SPICE MODELS AND DATA (COLLECTIVELY, THE "SM DATA") "AS IS" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT ACCESS TO OR OPERATION OF THE SM DATA WILL BE UNINTERRUPTED, OR THAT THE SM DATA OR ANY SIMULATION USING THE SM DATA WILL BE ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIODES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTION OR USE OF SM DATA, HOWEVER CAUSED AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY), EVEN IF DIODES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND DIODES' TOTAL LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) WITH REGARD TO THE SM DATA WILL NOT, IN THE AGGREGATE, EXCEED ANY SUMS PAID BY YOU TO DIODES FOR THE SM DATA.