END USER LICENSE AGREEMENT
EULA stands for End User Licensing Agreement. This is the agreement through which the software is licensed to the software user, Licensee.
END-USER LICENSE AGREEMENT FOR SOFTWARE PRODUCTS: “HYDROLOGY STUDIO”, “STORMWATER STUDIO”, “CULVERT STUDIO”, “CHANNEL STUDIO”, “STUDIO EXPRESS”, hereinafter referred to as “Software”. IMPORTANT. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Hydrology Studio End-User License Agreement (“EULA”) is a legal agreement between you, the Licensee, and Hydrology Studio. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA.
This license agreement represents the entire agreement concerning the program between the Licensee and Hydrology Studio, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. GRANT OF LICENSE
This Software is copyrighted and all rights are reserved by Hydrology Studio. The distribution and sale of this product are intended for use of the original purchaser only.
2. LICENSE TYPES
If the License is designated as “Trial Version”, “Demo Version”, or “Evaluation”, Licensee may install a copy of the specific release of the Software Product on one (1) Computer, subject to certain functional limitations. Evaluation License is for evaluation purposes only and is for a fixed term of thirty (30) days from installation or as otherwise authorized in writing by Hydrology Studio.
Licensee may install and use one copy of the Software on one (1) single computer. The primary user of the computer on which the software is installed may install the software on one (1) additional computer, on a stand-alone basis; provided that (i) such additional copy of the Software is accessed solely by the same person as the primary copy; (ii) such person is Licensee (if Licensee is an individual) or an employee of Licensee; (iii) such person accesses the additional copy solely to perform work while away from that person’s usual work location and solely for Licensee’s internal business needs; and (iv) the primary and additional copies are not accessed at the same time. Single-Seat licenses may be deactivated and moved to other computers at any location to be re-activated.
Educational Licensee may install and use a copy of the Software on one (1) single computer, subject to certain functional limitations, on a stand-alone basis, and permit access to the Software provided that (i) use is directly related to learning, teaching, training, research and development that are part of the instructional functions performed by a qualified educational institution or other authorized educational Licensee; (ii) in the case of students, purposes related to learning, training, research or development. “Educational Purposes” does not include commercial, professional or any other for-profit purposes. An Educational Stand-alone License is for a fixed term of thirty-six (36) months from installation or as otherwise authorized in writing by Hydrology Studio.
Educational Licensee may install unlimited primary copies of the Software on a stand-alone basis, and permit access to such copies of the Software provided that (i) use is directly related to learning, teaching, training, research and development that are part of the instructional functions performed by a qualified educational institution or other authorized educational Licensee; (ii) in the case of students, purposes related to learning, training, research or development, (iii) each copy of the Software is installed on computers located at the designated Licensee’s physical address. ADDITIONAL SITES MUST ACQUIRE AND DEDICATE A SEPARATE LICENSE. “Educational Purposes” does not include commercial, professional or any other for-profit purposes. An Educational Site License is for a fixed term of thirty-six (36) months from installation or as otherwise authorized in writing by Hydrology Studio.
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by Hydrology Studio or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Hydrology Studio.
4. NO WARRANTIES
Hydrology Studio expressly disclaims any warranty for the Software. The Software is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability or fitness of a particular purpose. Hydrology Studio does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
5. LIMITATION OF LIABILITY
In no event shall Hydrology Studio be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of use of or inability to use the Software, even if Hydrology Studio has been advised of the possibility of such damages. In no event will Hydrology Studio be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Hydrology Studio shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, trademark rights or support services provided at any time including but not limited to advice on the use and application of the Software.
6. SOFTWARE ANNUAL MAINTENANCE
The Agreement Date shall be the date of purchase. Beginning on the agreement date, Hydrology Studio will begin providing maintenance for the Licensee for a period of 12 months. This agreement will automatically renew on each anniversary for an additional 12 months until termination by either party is requested. Annual Maintenance shall provide Licensee software updates, including new features, program fixes and technical support for the duration of the agreement.
7. SOFTWARE ANNUAL SUBSCRIPTIONS
Your Subscription commences on the effective date of the Order unless otherwise specified therein. Your Subscription continues for the Initial Subscription Term of 12 months unless otherwise stated in the Order. Thereafter, the Subscription will automatically renew for successive periods of 12 months (each a “Renewal Term”) unless either party gives 10 days’ prior written notice to the other party of its intention not to renew the Subscription.
8. REFUND POLICY
You may request a full refund of your purchase within 72 hours of the date of initial Activation of the Software license. To receive your refund, all licenses must be Deactivated and verified by Hydrology Studio.
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