Ripple Splash Screen

Documentation: License

HowTo
Model Design
FAQ
License

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.

 

 

Home | Documentation | Download | Contact Us | NCED Desktop Watersheds | Stillwater Sciences