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By using HEC software you
voluntarily accept the following terms and conditions.
If you do not agree to these terms and conditions,
uninstall the HEC software and return any program
materials to HEC (if you downloaded the software and do
not have disk media, delete all copies, and cease using
the software).
Terms and Conditions for use of HEC
Software
The United States Government, US Army
Corps of Engineers, Hydrologic Engineering Center
("HEC") grants to the user the rights to install "HEC
Software" (either from a disk copy obtained from HEC, a
distributor or another user or by downloading it from a
network) and to use, copy and/or distribute copies of
the HEC Software to other users, subject to the
following Terms and Conditions of Use:
All copies of the HEC Software received or reproduced by
or for user pursuant to the authority of this Terms and
Conditions of Use will be and remain the property of
HEC.
User may reproduce and distribute the HEC Software
provided that the recipient agrees to the Terms and
Conditions for Use noted herein.
HEC is solely responsible for the content of the HEC
Software. The HEC Software may not be modified,
abridged, decompiled, disassembled, unobfuscated or
reverse engineered. The user is solely responsible for
the content, interactions, and effects of any and all
amendments, if present, whether they be extension
modules, language resource bundles, scripts or any other
amendment.
The name of the HEC Software must
not be used to endorse or promote products
derived from the HEC Software. Products derived from the
HEC Software may not be called the HEC Software nor may any
part of the HEC Software name appear within the name of
derived products.
No part of this Terms and Conditions for Use may be
modified, deleted or obliterated from the HEC Software.
No part of the HEC Software may be exported or
re-exported in contravention of U.S. export laws or
regulations.
Waiver of Warranty
THE UNITED STATES GOVERNMENT AND ITS AGENCIES,
OFFICIALS, REPRESENTATIVES, AND EMPLOYEES, INCLUDING ITS
CONTRACTORS AND SUPPLIERS PROVIDE THE HEC SOFTWARE "AS
IS," WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Depending on
state law, the foregoing disclaimer may not apply to
you, and you may also have other legal rights that vary
from state to state.
Limitation of Liability
IN NO EVENT SHALL THE UNITED STATES GOVERNMENT AND ITS
AGENCIES, OFFICIALS, REPRESENTATIVES, AND EMPLOYEES,
INCLUDING ITS CONTRACTORS AND SUPPLIERS, BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
HEC SOFTWARE REGARDLESS OF CAUSE, INCLUDING NEGLIGENCE.
THE UNITED STATES GOVERNMENT’S LIABILITY, AND THE
LIABILITY OF ITS AGENCIES, OFFICIALS, REPRESENTATIVES,
AND EMPLOYEES, INCLUDING ITS CONTRACTORS AND SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE REPLACEMENT OF CERTIFIED COPIES OF THE
HEC SOFTWARE WITH IDENTIFIED ERRORS CORRECTED. Depending
on state law, the above limitation or exclusion may not
apply to you.
Indemnity
As a voluntary user of the HEC Software you agree to
indemnify and hold the United States Government, and its
agencies, officials, representatives, and employees,
including its contractors and suppliers, harmless from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of
your use of the HEC Software or breach of this Agreement
or your violation of any law or the rights of a third
party.
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