April 18, 2012

 

AGREEMENT. By downloading, using, or copying all or any portion of this Indicators of Hydrologic Alternation program (the "Software"), you, on behalf of yourself and any employer or entity ("Your Organization") for whose benefit you are downloading the Software, accept the terms and conditions of this license agreement with The Nature Conservancy ("Licensor"). If you do not agree, do not use the Software.

 

License. Subject to your compliance with the terms of this agreement, Licensor grants to you a non-exclusive license to make, install, and use an unlimited number of complete copies of the Software on computers, including network servers accessed by multiple users, owned by you or by your employer, and on storage media for backup purposes. This license does not grant you the right to sublicense, distribute or transfer any copies of the Software to third parties for use outside of Your Organization. You may instead invite third parties to download their own copies directly from Licensor. The Software and any authorized copies that you make are the intellectual property of Licensor and its suppliers. The Software is licensed to you without charge rather than sold, and except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Licensor and its suppliers.

 

Restrictions. You agree not to copy or use any subset of the Software code other than a complete version of the Software as provided by Licensor. You agree not to transfer any copy of the Software or any part of the Software to any third party outside of Your Organization. You agree not to modify, adapt, translate, or create derivative works based upon, or any DLL derived from, the Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except and only to the extent that you have a nonwaivable right to do so under applicable law, provided that you do so in full compliance with all conditions and limitations under such applicable law.

 

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE SOFTWARE IS LICENSED TO YOU "AS IS" AND WITH ALL FAULTS. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS, EVEN IF AN LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. LICENSOR'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

 

Third Party Beneficiaries. You agree that the copyright owner of any third party software included in the Software is a third party beneficiary of this agreement and shall have the right to enforce the redistribution and reverse engineering prohibitions of this agreement in its own name as if it were Licensor.

 

Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in the Commonwealth of Virginia.