HydroCAD Software License Agreement(12/10/09 to 10/1/12)
By downloading, opening, installing, or running this software 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 this software.
A. LicenseThis computer program and all accompanying materials (the "Software") is owned by HydroCAD Software Solutions LLC ("HSS") and is licensed to you for use under the following conditions:
(1a) For each permanent license you purchase, you are granted the right to use the Software on one computer or terminal at a time, subject to the restrictions below. You may use the Software on multiple computers or on a network as long as the maximum number of concurrent users does not exceed the number of licenses you have purchased.
(1b) You must register the physical location and mailing address where the Software will be used, and the software may be used only at that location. You may re-register each license at a different location up to three (3) times per calendar year. Special provisions apply if you have purchased a Floating License, as detailed in section (2b) below.
(2a) If you purchased additional licenses designated for the "same site" they must be used by you primarily at the same registered location as your standard license. If you transfer (re-register) your standard license to a different location, all associated "same site" licenses must be transferred together with the standard license. A "same site" license may be transferred separately only by paying the difference in cost between the "same site" license and the current price of a standard license of equivalent capacity.
(2b) If you purchase a "floating license" arrangement, you may share or pool your floating licenses between the locations that you designate, provided that you own at least two licenses per location, and have completed a Floating License application specifying the locations covered by the floating licenses, and have entered into a written Floating License Amendment with HSS, and have paid any additional fees for the floating license.
(2c) If you acquire a metered (hourly) license, you may use the software on an unlimited number of computers at any physical location(s), subject to payment of the current hourly fee for each usage. You must register the physical location and mailing address of each computer on which the software is used.
(3) If you obtained a complimentary copy of the Software, such as the HydroCAD Sampler, you are granted a single license to use the Software under the terms of this agreement. You may not duplicate or distribute the Software to other parties, who must request their own copy.
(4) Any Software updates are subject to the terms of this license and do not constitute additional licenses nor grant the right to use the Software on additional computers.
(5) You may copy the Software only for backup purposes and for installation on your computer. You may not distribute copies of any part of the Software to other parties. 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.
(6) You may transfer this license to another party only if the entire Software package, all backup copies, and any additional licenses for the "same site" are transferred together. The new licensee must accept the full terms of this agreement and register the transfer in writing with HSS within 30 days.
(7) Any violation of these terms will automatically revoke this license and require you to return the Software to HSS. You may also be subject to legal liability including payment of reasonable attorney's fees.
(8) HSS assumes full responsibility for all previous obligations of Applied Microcomputer Systems in regard to the Software. You agree that any claims arising at any time and regarding any version of the Software shall be made solely against HSS, and waive any rights of recourse against Applied Microcomputer Systems.
(9) Pre-recorded training materials 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.
B. Customer Support HSS has a strong commitment to customer support. However, in order to receive these 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.
C. 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.
D. 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.
E. U.S. Government Restricted Rights This Software and all related materials and copies are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subdivision (c)(1)(ii) of the Technical Data and Computer Software Clause at 48 CFR 252.227-7013. The Contractor/Manufacturer is HydroCAD Software Solutions LLC.
F. 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 personal 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.
G. 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.
H. 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. 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. 12/10/09