HydroCAD Software License Agreement – for HydroCAD 10.20 and later
1.0. Acceptance: By downloading, opening, installing, or running the HydroCAD Stormwater Modeling System (referred to herein as the Software or the “license”), you indicate your acceptance of all the terms and conditions stated below. This is a legally binding agreement between you and HydroCAD Software Solutions, LLC (referred to herein as “HSS”). If you do not agree with any of the terms and conditions, or if you are not authorized to accept these terms on behalf of your organization, do not continue to download, open, install, or run the Software.
1.1 Applicable Versions: This agreement applies to HydroCAD version 10.20 and later, unless superseded by a newer agreement. This agreement does not apply to any earlier version of HydroCAD.
2.0 Software Usage: The Software may be installed on an unlimited number of computers owned and operated by the license holder. For each “user” that is licensed, the Software may be used by one person at a time, said usage being automatically managed by HydroCAD’s cloud-based license server.
2.1 A Permanent License may be used in perpetuity. Any software updates that may be released within 90 days of the initial purchase will be available to you at no cost. After 90 days, updates will be available for purchase individually, or as part of a software maintenance subscription. A permanent license may be transferred to another party only with prior written consent from HSS under terms to be determined by HSS at the time of the transfer.
2.2 An Annual or Term License may be used until the specified expiration date. Any updates that may be released during this license period will be provided to you at no cost. An annual or term license may not be transferred to another party.
2.3 A Trial License or “HydroCAD Sampler” may be used on one or more computers, subject to the provisions of this Agreement. You must register the software on each computer on which it will be used. At the discretion of HSS, HSS will provide details for the activation and use of the software, for a time period to be determined by HSS and subject to change without notice. A trial license may not be transferred to another party.
3. Software updates: Any updates to the Software that you purchase or receive are for the purpose of updating the capabilities of your existing license. Updates do not constitute additional licenses nor grant the right to use the Software on additional computers. Each update may be used only for the individual license for which is it specifically designated. Any updates are subject to the provisions of this Agreement.
4. Redistribution: You may copy the Software only for backup purposes and for installation on your own computer(s) as specified in section 2.0. You may not distribute copies of the Software, in whole or in part, to any other party. You may not loan, rent, modify, reverse engineer, disassemble or create derivative work from the Software, or circumvent any usage restrictions or metering devices included in the Software. You may not remove or obscure any copyright or trademark notices from the software or reports. These obligations shall survive any termination of this agreement.
5. Termination: Any violation of these terms, or failure to pay agreed license fees, will automatically terminate this license and allow HydroCAD to suspend the operation of the software. You may also be subject to legal liability including payment of reasonable attorney's fees, if available under the applicable law as specified in Section 14.
6. Pre-recorded training materials provided by HSS are licensed for private viewing by one person at a time at the site to which they are registered. Simultaneous viewing by more than one person, or viewing at another site, requires the purchase of one additional training license for each additional person and/or site. Any other use, including public viewing, is allowed only with written permission from HSS.
7. Customer Support: HSS has a strong commitment to customer support. However, in order to receive support services you must register the Software with HSS. ALL SUPPORT SERVICES PROVIDED AT ANY TIME, INCLUDING BUT NOT LIMITED TO ADVICE ON THE USE AND APPLICATION OF THE SOFTWARE, ARE SUBJECT TO THE SAME WARRANTY AND LIABILITY PROVISIONS STATED BELOW FOR THE SOFTWARE.
8. Internet Connectivity: In order to provide you with maximum flexibility in the use of the Software, operation is managed by a cloud-based license server which communicates with the Software each time it is used. As such, use of the Software is subject to disruption due to server or internet connectivity problems that may be beyond our control. By using the Software you accept this risk, and recognize that the flexibility to install the Software on multiple computers (as provided in paragraph 2.0) is not otherwise possible.
9. Limited Warranty: The Software is inherently complex and may not be error-free. THE SOFTWARE IS NOT WARRANTED AND IS PROVIDED "AS IS." HSS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF THE SOFTWARE, ITS MERCHANTABILITY, OR ITS FITNESS FOR A PARTICULAR PURPOSE.
10. Limited Liability: You are solely responsible for the selection and use of this Software. You agree to independently verify the appropriateness of all results obtained using the Software, and to indemnify and hold HSS harmless from any liability to third parties arising out of your use of the Software. HSS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF REVENUES OR DAMAGE TO ANY PROPERTY, PERSONS, OR INTERESTS, EVEN IF HSS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that the license fee reflects this allocation of risk.
11. Copyright: The Software, including all displays, reports, screens, and file structures, is protected by US and international copyright laws. However, you may duplicate and distribute data files and printed reports containing your company’s design information, as long as all copyright notices are retained and visible. The Software also includes valuable trade secrets, which are the property of HSS. This agreement does not grant you any intellectual property rights in the Software.
12. Trademarks: The Software incorporates trademarks which are the property of HSS, including but not limited to the Software's name, its screens, reports, and user interface. You may use these trademarks only for the purpose of identifying reports or files used with the Software, in accordance with accepted trademark practice. Such use of any trademark does not give you any rights of ownership in that trademark.
13. (This section is unused)
14. Miscellaneous: This is the entire agreement concerning the license and use of the Software and supersedes all prior statements or agreements on the subject, including any terms that you may have included with your organization’s purchase order. This agreement shall be governed by the laws of the State of New Hampshire and/or the United States, as applicable. If any provisions of this agreement are declared invalid or unenforceable, the remaining provisions shall remain in full force and effect. If you have any questions concerning this license, write to HydroCAD Software Solutions LLC, P.O. Box 477, Chocorua, NH 03817.
6103E rev. 5/5/22