ECOMSED User Agreement and Disclaimer
This disclaimer is issued in regard to the computer software program referred to as ECOMSED. ECOMSED was developed by HydroQual, Inc.

The source code for ECOMSED is being made available without charge or restriction except as stated in the next sentence. No recipient of ECOMSED shall: (i) copyright or patent it in any form; (ii) redistribute it to others without HydroQual's prior written authorization; (iii) make a monetary charge for it; (iv) violate or participate in the violation of the laws or regulations of the United States or other governments, foreign or domestic, in regard to its use or distribution.

To the extent not contrary to law, HydroQual, Inc. shall not, in connection with ECOMSED, be liable for: (i) injury to persons; (ii) damage to, or loss of, property; (iii) infringement of intellectual property rights; (iv) loss of, reduction in or interruption of business; (v) loss of, or failure to achieve, revenue or profit; (vi) increased costs of operation; (vii) loss of materials or information; (viii) computer failure or malfunction; or (ix) special, direct, indirect, incidental, punitive or consequential damages. The preceding disclaimer shall apply whether or not liability results, or is claimed to result, from negligence or other circumstances.

HydroQual does not represent or warrant that ECOMSED is free from defect or deficiency. Recipients shall be solely responsible for correction of defects or deficiencies, if any. There are no warranties, express or implied, including, without limitation, warranties of merchantability or suitability for a purpose.

Each recipient shall indemnify and defend HydroQual against claims, liabilities, actions, costs and expenses which may result from recipient's violation of the provisions of this disclaimer.