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� . '"� } <br />VI. INDEMNIFICATION <br />Licensee and its Sub-Licensees recognize that the conversion <br />of the Software from the computing system and format on which it <br />may be installed by Hydrosphere, at the time of acceptance of the <br />Software by Licensee, to an alternate system or format may result <br />in the introduction of errors and anamalies. In the event the <br />Software is so converted subsequent to acceptance by Licensee, <br />Licensee assumes all risks associated therewith and aqrees, to the <br />fullest extent,-permitted by law, to hold harmless and indemnify <br />Hydrosphere against any and all claims, liabilities, losses, <br />damages, and costs, including but not limited to attorney's fees, <br />arising therefrom. <br />Licensee and its Sub-I,icensees recognize that use of •or <br />modifications of,the.Software by anyone other than Hydrosphere.may <br />result in adverse consequences which Hydrosphere can neither <br />predict or control. Therefore, in consideration of Hydrosphere's <br />agreement to deliver the Software, Licensee and its Sub-Licensees <br />agree, to the fullest extent pez'mitted by law, to hold harmless and <br />indemnify Hydrosphere from and against all claims, liabilities, <br />losses, damages, and costs, inaluding but not limited to attorneys <br />fees, arising out of or in any way connected with the use, <br />modification, misinterpretation, misuse, or reuse of the Software <br />provided by Hydrosphere under this agreement. The foregoing <br />indemnification applies to any use of the Software other than for <br />any claims, liabilities, losses, damages, and costs, including but <br />not- limited_:to. attqrneys_.fees,,.:arising out o� or: in._.any way <br />connected with infringement of patent rights, copyrights, <br />trademarks, or any other proprzetary rights. <br />Because of the possibility that, after delivery thereof, the <br />Software may be altered, whether inadvertently or otherwise, <br />Hydrosphere reserves the right to retain copies of the Software as <br />originally delivered, which originals shall be referred to and <br />shall govern in the event of any inconsistency between the two. <br />VII. LIMITED WP.RRANTY <br />This Software is an exact copy of the final version of the <br />computer program developed by Hydrosphere as the Platoro Reservoir <br />Operations Model. This Software will operate in the computing <br />environment defined in the Scope of Services. When operated on <br />such machines, the Software i5 capable of reproducing the model <br />results depicted in the documents developed according to that Scope <br />of Services. <br />Hydrosphere warrants the physical diskette(s) and physical <br />documentation to be free of defects in materials and workmanship <br />for a period of 60 days from the date of delivery. In the event of <br />notification within this warranty period, Hydrosphere will replace <br />the defective diskette or documentation. The remedy for breach of <br />this warranty shall be limited to replacement and shall not <br />encompass any other damages of any kind. <br />