By using HEC software, the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of Minnesota State University, Mankato (hereinafter “user” or “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, obfuscated 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, 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..
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.
Each party will be responsible for its own acts and the results thereof to the extent authorized by applicable law and shall not be responsible for the acts of the other party and the results thereof. User’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes §3.736 and other applicable law. The user shall hold and save the Government free 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 you violation of any law or rights of a third party except for damages due to the fault or negligence of the Government or its contractors, to the extent permissible by the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, the Federal Tort Claims Act, 28 U.S.C. § 1346, and other applicable law.
Obligation of Future Appropriations
A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the Legislature of the State of Minnesota.
B. The user reasonably believes that funds in amounts sufficient to fulfill its obligations hereunder lawfully can, and will, be appropriated and made available for this purpose. User shall use its best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any source of funds legally available for this purpose. Further, if the user is unable to fulfill these obligations, the Government may exercise any legal rights it has to protect the Government’s interests related to this Agreement.
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