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 of Use for HEC Software
The United States Government, U.S. 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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