HydroCAD Software License Agreement(revised 10/17/16)
1. 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. If you do not agree with any of the terms and conditions, do not continue to download, open, install, or run the Software.
2.0 Software Editions: Use of the Software is governed by one of the following 2.x sub-sections, depending on which edition of the software you are using.
2.1 A Standard License may be used by only one person
at a time under the following conditions:
a) You may dedicate the license to a single computer, or to a single user for use on a maximum of two computers used exclusively by that individual, such as the user’s personal desktop and laptop computers.
b) If you do not dedicate the license to a single user or computer, you may share the license between multiple computers at the registered address only by using the Software’s license pooling mechanism to manage the license and ensure it is being used by only one person at a time. If you decide to reassign the license to a single user, or use it on a computer not connected to the pool, you must remove the license from the pool.
c) You must complete the HSS registration form to specify the physical location and mailing address where the license is being used. The primary end user’s name and address must be registered, even if the software is being supplied to a different department or individual for installation and management. If multiple licenses are being pooled, you must register the name of at least one end user at that location.
d) You may transfer the license to a different address of your organization, up to three times in a calendar year, by completing a new HSS registration form, provided that the license is removed from any other computer or pool where it was previously used.
e) If you previously purchased a “Same-site license” (an arrangement no longer offered by HSS) the same-site license can be transferred to another location or owner at no additional cost only if all of the associated same-site and standard licenses are transferred together. In order to transfer a same-site license separately, it must be converted to a standard license by paying to HSS the difference between the current price of a standard license of the same node capacity and the current price of a 10-node standard license. (Same-site licenses of all capacities were sold at the then-current 10-node price.)
f) If you transfer one or more of your HydroCAD licenses to a party outside your organization, the new licensee must immediately register the transfer with HSS. The new licensee is subject to the terms of this license agreement. The entire Software package, including all materials and updates, and all backup copies, must be transferred to the new licensee. You must also comply with the above provisions regarding “same site” licenses.
2.2 Multi-Site Floating License
a) You may share or pool licenses between multiple locations only if you execute a Multi-Site Floating License Amendment and comply with all its terms, including the payment of any applicable fees. The Amendment becomes effective only when it is countersigned by an authorized representative of HSS. Otherwise the license(s) may be pooled only at a single location as discussed in section 2.1.
b) You may change the locations covered by the Multi-Site Floating License Amendment up to three times in a calendar year, by signing a new Amendment, as long as you continue to meet all the requirements of the Amendment.
2.3 Metered License
a) If you enter into a Metered (hourly) arrangement with HSS, you may use the Software on an unlimited number of computers at any physical locations, subject to the terms of the Metered License Amendment.
b) You may use Metered licensing in addition to any other type of licensing discussed in this Agreement.
c) You may not transfer your organization’s Metered account to any other party. You may not share your account information (i.e. login credentials) with any party outside your organization.
2.4 Sampler, Express, or Trial License
a) If you have obtained a copy of the HydroCAD Sampler, Express or Trial editions from HSS or from an authorized HSS marketing partner, you may use the software on one or more computers, subject to the provisions of this Agreement.
b) 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.
c) You may not duplicate, distribute or transfer the software to other parties, since they must obtain their own copy from HSS or from one of our marketing partners.
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. The 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 computer. 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.
5. Revocation: Any violation of these terms will automatically revoke this license and require you to remove the Software from your computer(s) and return the Software to HSS. 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. (This section is unused)
9. Limited Warranty: The Software is inherently complex and may not be error-free. THE SOFTWARE IS NOT WARRANTED AND IS PROVIDED "AS IS." However, for a period of 90 days after original purchase HSS will replace any media or documentation which fails due to physical defects. HSS MAKES NO OTHER 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. 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. 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. 10/17/16