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Dam Failure Concepts and Modeling

LICENSE AGREEMENT

IMPORTANT!

PLEASE READ THIS MODULE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, SELECT THE "I DON'T ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.

1. License. With respect to the Dam Failure Concepts and Modeling Module (the “Module”), the University Corporation for Atmospheric Research (UCAR) grants you a non-exclusive, personal nontransferable, world-wide, royalty-free License to access, link to and use, publish, distribute, disseminate, transfer, or in any manner alter, modify, revise, crop, copy (an unlimited number of times), edit, digitize, and authorize such uses for third parties solely for non-profit, training, research, or educational purposes and not for any direct or indirect commercial purpose or advantage for non-commercial purposes.

2. Restrictions and Use. You shall not sell, or license or transfer for a fee the Module, or any work that in any manner contains the Module.

3. Termination. Your rights under this Agreement will terminate automatically without notice from UCAR if you fail to comply with any term(s) of this Agreement. You may terminate this Agreement at any time by destroying the Module and any related documentation and any complete or partial copies thereof. Upon termination, all rights granted under this Agreement shall terminate. The following provisions shall survive termination: Sections 2, 4, 5, and 11.

4. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Module shall remain in UCAR. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with UCAR'S ownership of or rights with respect to the Module.

5. Disclaimer of Warranty on Module. You expressly acknowledge and agree that use of the Module is at your sole risk. The Module is provided "AS IS" and without warranty of any kind and UCAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. UCAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MODULE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE MODULE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MODULE WILL BE CORRECTED. FURTHERMORE, UCAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AND YOU ASSUME ALL RISK REGARDING THE USE OR THE RESULTS OF THE USE OF THE MODULE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PARTIES EXPRESSLY DISCLAIM THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) APPLIES TO OR GOVERNS THIS AGREEMENT. No oral or written information or advice given by UCAR or a UCAR authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Module prove defective, you (and not UCAR or any UCAR representative) assume the cost of all necessary correction.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UCAR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOST REVENUE, PROFIT OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE MODULE, EVEN IF UCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Credit. The user must include an appropriate citation crediting UCAR and the COMET Program as the source of all or any portion of this Module:

"The source of this material is the COMET® Website at http://meted.ucar.edu/ of the University Corporation for Atmospheric Research (UCAR), sponsored in part through cooperative agreement(s) with the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce (DOC) ©1997-2010 University Corporation for Atmospheric Research. All Rights Reserved."

8. Endorsement. The names UCAR/COMET may not be used in any advertising or publicity to endorse or promote any products or commercial entity unless specific written permission is obtained from UCAR.

9. Export Law Assurances. The Module and any technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and you acknowledge that you have responsibility to obtain such license to export, re-export, or import as may be required after delivery to you.

10. No Support/Modifications. The Module is provided without any support or maintenance, and without any obligation to provide you with modifications, improvements, enhancements, or updates of the Module.

11. Controlling Law and Severability. This Agreement shall be governed by the laws of the United States and the State of Colorado. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.



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