Terms and Conditions for Use of HEC-EFM Plotter 

The United States Government, US Army Corps of Engineers, Hydrologic Engineering Center ("HEC") grants to the user the rights to install HEC-EFM Plotter  "the 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 Software to other users, subject to the following Terms and Conditions of Use:

All copies of the 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 Software provided that the recipient agrees to the Terms and Conditions for Use noted herein.

HEC is solely responsible for the content of the Software.  The 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 "HEC-EFM Plotter " must not be used to endorse or promote products derived from the Software.  Products derived from the Software may not be called "HEC-EFM Plotter " nor may any part of the "HEC-EFM Plotter " 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 Software.

No part of the 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 HEC-EFM Plotter  "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 HEC-EFM Plotter  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 HEC-EFM Plotter  WITH IDENTIFIED ERRORS CORRECTED.  Depending on state law, the above limitation or exclusion may not apply to you. 

Indemnity

As a voluntary user of HEC-EFM Plotter  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 HEC-EFM Plotter  or breach of this Agreement or your violation of any law or the rights of a third party. 

Assent

Choosing the “I agree” option indicates that you voluntarily accept these terms and conditions.  If you do not agree to these terms and conditions, please return any program materials to HEC (If you downloaded the program and do not have disk media, please delete all copies, and cease using the program).

