This SOFTWARE is provided "as is" without representations or warranties of any kind, whether expressed or implied. The USER must assume the entire risk of using the SOFTWARE, and MPS shall have no liability to the USER or any other third-party for any damages whatsoever, including, but not limited to, any economic or data loss, even if such loss was foreseeable by MPS. Any violation of the intellectual property rights of any party as a result of the use of the SOFTWARE is explicitly against the terms of this LICENSE, and MPS disclaims any liability for the use of the SOFTWARE in this way as unauthorized and outside the scope of any warranty or agreement between the USER and MPS.