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<br />ATTACHMENT 2 <br />EXJ-llBIT C <br />Page 4 <br /> <br />. <br /> <br />agreement to release Hydrosphere applies to any use of the Software <br />other than for any claims, liabilities, losses, damages, and costs, <br />including but not limited to attorney's fees, arising out of or in any <br />way connected with infringement of patent rights, copyrights, <br />trademarks, or any other proprietary rights. <br /> <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 shall <br />govern in the event of any inconsistency between the two. <br /> <br />VII. LIMITED WARRANlY <br /> <br />This Software is an exact copy of the final version of the <br />computer program developed by Hydrosphere as the Gunnison River <br />Basin Planning Model. This Software will operate in the computing <br />environment defined in Task 1.3 of the Scope of Services. When <br />operated on such machines, the Software is capable of reproducing <br />the model results depicted in the User Manual. <br /> <br />. <br /> <br />Hydrosphere warrants the physical diskette and physical <br />documentation to be free of defects in materials and workmanship for <br />a period of 60 days from the date of delivery. In the event of <br />notification within this warranty period, Hydrosphere will replace the <br />defective diskette or documentation. The remedy for breach of this <br />warranty shall be limited to replacement and shall not encompass any <br />other damages of any kind. <br /> <br />Hydrosphere specifically disclaims all other warranties, <br />expressed or implied, regarding the use, or the results of the use, of <br />the Software on any machines other than those described above or by <br />anyone other than Hydrosphere. This disclaimer extends to written <br />materials in terms of correctness, accuracy, reliability, currentness, <br />and otherwise. The entire risk as to the results and performance of <br />the Software, once delivered, is assumed by the River District and its <br />Sub-Licensees. <br /> <br />. <br />