5. Warranty and liability5.1 DISCLAIMER – The Documentation and any modified Documentation are provided "as is" and any express or implied warranties, including, but not limited to, implied warranties of merchantability, of satisfactory quality, and fitness for a particular purpose or use are disclaimed in respect of the Documentation, the modified Documentation or any Product. The Licensor makes no representation that the Documentation, modified Documentation, or any Product, does or will not infringe any patent, copyright, trade secret or other proprietary right. The entire risk as to the use, quality, and performance of a Product shall be with the Licensee and not the Licensor. This disclaimer of warranty is an essential part of this Licence and a condition for the grant of any rights granted under this Licence. The Licensee warrants that it does not act in a consumer capacity.5.2 LIMITATION OF LIABILITY – The Licensor shall have no liability for direct, indirect, special, incidental, consequential, exemplary, punitive or other damages of any character including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, however caused and on any theory of contract, warranty, tort (including negligence), product liability or otherwise, arising in any way in relation to the Documentation, modified Documentation and/or the use, manufacture or distribution of a Product, even if advised of the possibility of such damages, and the Licensee shall hold the Licensor(s) free and harmless from any liability, costs, damages, fees and expenses, including claims by third parties, in relation to such use.

The User takes on the full responsibility of using the Machine safely, by ensuring that she follows the above safety, maintenance, and operation procedures. It is the duty of the User to accept that accidents and unforeseen circumstances may occur, and that such happenings may place the User in danger of injury or even death. The User agrees to not hold the Producer liable for any accidents or deaths, and the User agrees to not pursue any legal action against the Producer and his or her agents and collaborators in the case of harm, injury, or death resulting from use of the Machine, regardless of the cause or reason for the accident. It is the duty of the User and his/her collaborators or work crew to read and understand the Assembly, Setup and Testing Procedure, Machine Adjustment, Troubleshooting, and all of the above safety, maintenance, and operation procedures. Furthermore, the User agrees to not solicit the services of any agents, assigns, or other third parties to pursue legal action against the Producer in the case of accidents or death related to use of the Machine. If the User allows any other person or group to use the machine or participate in brick production, the User likewise agrees to take on the full responsibility and liability associated with any harm or injury that may happen to anyone involved in using the Machine, and shall hold the Producer in indemnity.    The User is also informed that the Producer does not carry liability insurance as part of their strategy to keep down overhead costs. If the User intends to reserve their, another Beneficiary's, or another third party's right to sue with respect to any claims or liabilities created by the use of the Machine, then the User agrees to pay a surcharge of US$100k to cover additional costs of exposure by the Producer. Reservation of the right to sue by the User shall be evidenced by a payment of US$100k, paid in full, accompanying this contract. Otherwise, absence of this US$100k payment accompanying this contract shall evidence an expressed waiver of the User to sue the Producer for any claims and liabilities related to the use of the Machine.     Therefore, in the absence of the User's reservation of the right to sue, the User hereby agrees to release and forever discharge the Producer from any and all liability, claims, and demands of whatever kind either in law or in equity, which arise or may hereafter arise from the use of the Machine by: (1), the User, (2), others involved with the User and the use of the Machine, and (3), others to whom the Users grants use of the Machine. The User furthermore agrees and understands that this contract discharges the Producer from any liability or claim that the User may have against the Producer with respect to bodily injury, personal injury, or property damages that may result from the User's and Beneficiary's use of the machine, wherever the Machine may be used. The User also understands that the Producer does not assume any responsibility for or obligations to provide financial or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or loss – unless the Producer agrees to help the User or Beneficiary out of voluntary, good faith and honor.  If the User does not agree to the above conditions, the User is encouraged to build their own machine from our open source plans, or to hire somebody else to produce the machine, or to buy another producer's machine.