SOFTWARE
LICENSE AGREEMENT
PLEASE READ THIS
AGREEMENT CAREFULLY. THIS SOFTWARE
IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE
SOFTWARE, AND CONTAINS LIMITATIONS ON WARRANTIES AND OR REMEDIES. TO USE THE SOFTWARE, YOU MUST FIRST
ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY CHECKING
THE BOX MARKED “ I ACCEPT” THESE TERMS AND CONDITIONS.
Section 1. Intellectual Property Rights.
The software is
protected by copyright and other intellectual property laws. The software is comprised of two
components: (i) the interface software (the “Interface”) and (ii) the
underlying software program (the “Program”). The Interface and the Program together constitute the “Software”. All rights (including copyright) to the
Interface are owned by the University of California, Berkeley, and all rights
(including copyright) to the Program are owned by Stillwater Ecosystem,
Watershed & Riverine Sciences (Stillwater Sciences). You may not reproduce,
publish, transmit, modify, create derivative works from, publicly display, or
publicly perform the Software except as expressly authorized by this Agreement.
Section 2. Permitted and Prohibited Uses.
(a) Permitted and Prohibited Uses
of Interface. Redistribution and use of the Interface
in source and compiled forms, with or without modification, are permitted
provided that (i) redistribution of the Interface in source code must retain
the following copyright notice, condition and disclaimer, and (ii)
redistribution of the Interface in compiled form must reproduce the following
copyright notice, condition and disclaimer in the documentation and/or other
materials provided with the distribution:
Copyright
Notice: Copyright 2008. University of California, Berkeley.
Condition: Neither the name of the University of
California, Berkeley nor the names of its contributors may be used to endorse
or promote products derived from this software without specific prior written
permission from the University of California, Berkeley.
Disclaimer: THIS SOFTWARE IS PROVIDED BY THE
COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(b) Permitted and Prohibited Use
of Program. Permission to use,
copy, modify, and distribute the Program in source and compiled forms for
educational and research purposes, without fee and without a signed licensing
agreement, is hereby granted, provided that the following conditions are met:
(i) The Program or its derivatives cannot
be used by any individual or entity for any commercial purposes, including
without limitation, using the Program to provide consulting services including the rent or lease of the
Program.
(ii) Distribution of the Program in source or compiled forms,
whether or not modified, must include a copy of this Agreement and retain the
following copyright notice:
Copyright 2008. Stillwater Ecosystem, Watershed &
Riverine Sciences.
Section 3. No Warranty.
THIS SOFTWARE IS
PROVIDED BY STILLWATER SCIENCES AND OTHER COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED.
Section 4. Disclaimer of Damages.
IN NO EVENT SHALL
STILLWATER SCIENCES OR ANY OTHER COPYRIGHT OWNER OR CONTRIBUTOR BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Section 5. Limitation on Liability.
STILLWATER
SCIENCES OR ANY OTHER COPYRIGHT OWNER OR CONTRIBUTOR’S AGGREGATE LIABILITY
SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE, IF ANY.
Section 6. Export Control.
The United States
controls the export of products and information. You agree to comply with such
restrictions and not to export or re-export the Software to countries or
persons prohibited under the export control laws. By downloading the Software,
you are agreeing that you are not in a country where such export is prohibited
or are a person or entity to which such export is prohibited. You are
responsible for compliance with the laws of your local jurisdiction regarding
the import, export or re-export of the Software.
Section 7. Taxes.
You shall be
responsible for the payment of all sales, use and similar taxes relating to the
license of the Software.
Section 8. Government Users.
If the Software is
downloaded by or on behalf of the United States of America, its agencies and/or
instrumentalities (U.S. Government ), it is provided with Restricted Rights.
Use, duplication, or disclosure of the Software by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause of DFARS 252-227-7013 or
subparagraphs (c)(1) an d(2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable.
Section 9. General Terms.
This agreement is
governed by the laws of the State of California. If any provision of this
agreement is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of this agreement, which shall remain in full force and effect. No
waiver of any term of this agreement shall be deemed a further or continuing
waiver of such term or any other term. This agreement constitutes the entire
agreement between you and Stillwater Sciences with respect to this transaction.
Any changes to this agreement must be made in writing, signed by an authorized
representative of Stillwater Sciences.
|