DISCLAIMER

This disclaimer is issued by HydroQual, Inc. (“HydroQual”) in regard to the three computer software programs, (i) The Biotic Ligand Model, Windows Interface, Version 2.1.1, and (ii) BLM-Monte, Version 2.0, jointly referred to as “BLM”, and including any accompanying software, data, media, and on-line or printed documentation.

The BLM is being made available without charge or, except as stated in the next sentence, restriction. No recipient of the BLM (or part of the BLM) shall: (i) copyright or patent it in any form; (ii) make a monetary charge for it to those to which the recipient may distribute it; (iii) limit in any way a redistributee’s use; (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; (v) modify, reverse engineer, decompile, or disassemble the executable portions of the BLM.

To the extent not contrary to law, HydroQual shall not be liable to recipients, including redistributees, of the BLM for: loss of, reduction in or interruption of business; loss of, or failure to achieve, revenue or profit; increased costs of operation; loss of materials or information; computer failure or malfunction; or special, direct, indirect, incidental, punitive or consequential damages whether resulting from negligence, willful misconduct or other cause.

HydroQual does not represent or warrant that the BLM is free from defect or deficiency. Recipients, including redistributees, 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.

In no event will HydroQual be liable for injury to persons or damage to, or loss of, property or for infringement of intellectual property rights, whether or not resulting, or claimed to result, from negligence or other circumstance in connection with the BLM.

The development of the BLM is an ongoing research project and hence the BLM may undergo revisions from time to time. However, under no circumstances will HydroQual be deemed responsible for informing the recipients, including the redistributees, of such revisions to the BLM.

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

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