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HydroCAD Software License Agreement by utg65734


									HydroCAD Software License Agreement

By downloading, opening, installing, or running this software you indicate your acceptance of all
the terms and conditions stated below. If you do not agree with any of the terms and conditions,
do not continue to download, open, install, or run this software.

A. License This computer program and all accompanying materials (the "Software") is owned by
HydroCAD Software Solutions LLC ("HSS") and is licensed to you for use under the following conditions:

(1a) For each permanent license you purchase, you are granted the right to use the Software on one
computer or terminal at a time, subject to the restrictions below. You may use the Software on multiple
computers or on a network as long as the maximum number of concurrent users does not exceed the
number of licenses you have purchased.

(1b) You must register the physical location and mailing address where the Software will be used, and
the software may be used only at that location. You may re-register each license at a different location
up to three (3) times per calendar year. Special provisions apply if you have purchased a Floating
License, as detailed in section (2b) below.

(2a) If you purchase additional licenses designated for the "same site" they must be used by you primarily
at the same registered location as your standard license. If you transfer (re-register) your standard
license to a different location, all associated “same site” licenses must be transferred together with the
standard license. A “same site” license may be transferred separately only by paying the difference in
cost between the “same site” license and the current price of a standard license of equivalent capacity.

(2b) If you purchase a "floating license" arrangement, you may share or pool your floating licenses
between the locations that you designate, provided that you own at least two licenses per location, and
have completed a Floating License application specifying the locations covered by the floating licenses,
and have entered into a written Floating License Amendment with HSS, and have paid any additional
fees for the floating license.

(2c) If you acquire a metered (hourly) license, you may use the software on an unlimited number of
computers at any physical location(s), subject to payment of the current hourly fee for each usage. You
must register the physical location and mailing address of each computer on which the software is used.

(3) If you obtained a complimentary copy of the Software, such as the HydroCAD Sampler, you are
granted a single license to use the Software under the terms of this agreement. You may not duplicate or
distribute the Software to other parties, who must request their own copy.

(4) Any Software updates are subject to the terms of this license and do not constitute additional licenses
nor grant the right to use the Software on additional computers.

(5) You may copy the Software only for backup purposes and for installation on your computer. You may
not distribute copies of any part of the Software to other parties. You may not loan, rent, modify, reverse
engineer, disassemble or create derivative work from the Software, or circumvent any usage restrictions
or metering devices included in the Software. You may not remove or obscure any copyright or trademark

(6) You may transfer this license to another party only if the entire Software package, all backup copies,
and any additional licenses for the "same site" are transferred together. The new licensee must accept
the full terms of this agreement and register the transfer in writing with HSS within 30 days.

(7) Any violation of these terms will automatically revoke this license and require you to return the
Software to HSS. You may also be subject to legal liability including payment of reasonable attorney's

(8) HSS assumes full responsibility for all previous obligations of Applied Microcomputer Systems in
regard to the Software. You agree that any claims arising at any time and regarding any version of the
Software shall be made solely against HSS, and waive any rights of recourse against Applied
Microcomputer Systems.

(9) Pre-recorded training materials are licensed for private viewing by one person at a time at the site to
which they are registered. Simultaneous viewing by more than one person, or viewing at another site,
requires the purchase of one additional training license for each additional person and/or site. Any other
use, including public viewing, is allowed only with written permission from HSS.

B. Customer Support HSS has a strong commitment to customer support. However, in order to receive
these services you must register the Software with HSS. ALL SUPPORT SERVICES PROVIDED AT

C. Limited Warranty The Software is inherently complex and may not be error-free. THE SOFTWARE
IS NOT WARRANTED AND IS PROVIDED "AS IS." However, for a period of 90 days after original
purchase HSS will replace any media or documentation which fails due to physical defects. HSS MAKES

D. Limited Liability You are solely responsible for the selection and use of this Software. You agree to
independently verify the appropriateness of all results obtained using the Software, and to indemnify and
hold HSS harmless from any liability to third parties arising out of your use of the Software. HSS SHALL
DAMAGES. You agree that the license fee reflects this allocation of risk.

E. U.S. Government Restricted Rights This Software and all related materials and copies are provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions
set forth in subdivision (c)(1)(ii) of the Technical Data and Computer Software Clause at 48 CFR 252.227-
7013. The Contractor/Manufacturer is HydroCAD Software Solutions LLC.

F. Copyright The Software, including all displays, reports, screens, and file structures, is protected by
US and international copyright laws. However, you may duplicate and distribute data files and printed
reports containing your personal information, as long as all copyright notices are retained. The Software
also includes valuable trade secrets which are the property of HSS. This agreement does not grant you
any intellectual property rights in the Software.

G. Trademarks The Software incorporates trademarks which are the property of HSS, including but not
limited to the Software's name, its screens, reports, and user interface. You may use these trademarks
only for the purpose of identifying reports or files used with the Software, in accordance with accepted
trademark practice. Such use of any trademark does not give you any rights of ownership in that

H. Miscellaneous This is the entire agreement concerning the license and use of the Software and
supersedes all prior statements or agreements on the subject. This agreement shall be governed by the
laws of the State of New Hampshire. If any provisions of this agreement are declared invalid or
unenforceable, the remaining provisions shall remain in full force and effect. If you have any questions
concerning this license, write to HydroCAD Software Solutions LLC, P.O. Box 477, Chocorua, NH 03817.

6103E rev. 12/10/09
         HydroCAD Software License Agreement - Floating License Amendment

This Amendment modifies the standard HydroCAD Software License Agreement between
HydroCAD Software Solutions ("HSS") and the "Customer" listed below. Said License
Agreement remains in full force and effect between the parties, except that any provisions that
are incompatible with this Floating License Amendment shall be superseded by this
Amendment while this Amendment is in effect.

   1. The Customer wishes to enter into a Floating License arrangement with HSS, whereby
the licenses listed below may be used at any of the specific customer locations listed below,
without further notification to HSS.

   2. The Customer may add or delete locations that are covered by this Floating License by
executing a new Amendment with the updated locations, as long as the customer has
purchased at least two (2) software licenses for each listed location. Customer shall provide
the new Amendment to HSS in writing, prior to the first usage of the software at the new

  3. The licenses covered by this agreement will be managed by the customer's Administrative
Contact listed below, to whom HSS will send all relevant materials under this Amendment. The
Customer may change the name and/or address of the Administrative Contact at any time by
executing a new Amendment with the updated information.

  4. All licenses under this arrangement must have the same version number, node capacity,
and support status. Software updates, support contracts, or capacity upgrades which are
purchased under this arrangement must be purchased for all floating licenses covered by this
agreement, and will receive the applicable quantity discount.

   5. The Customer may terminate this Floating License arrangement at any time, by giving
written notice to HSS that the Customer wishes said licenses to be treated separately, and
notifying HSS of the location and contact person to which each license is assigned. Thereafter,
the licenses must be used only at their designated location, as stated in section (1b) of the
standard HydroCAD license agreement. Updates, support, and node increases may be
purchased individually for any license if this Floating License Amendment is no longer in effect.

   6. The customer's representative signing this agreement hereby declares that they have
the authority to execute this Agreement on behalf of the Customer.

 Customer’s Company Name:

 Administrative Contact:                                   This is a: (m ark one)
 Name:                                                      G New Amendment
 Company:                                                   G Revised Amendment
 City, State, Zip:                                         Reason(s) for revision:
 Phone:                                                     G New Admin. Contact
 Fax:                                                       G Change in number of licenses
 Email:                                                     G Change in locations

                                6103F rev. 12/10/09 Page 1 of 2
Number of licenses covered by this Amendment:
Software Serial numbers (if already issued):

Number of locations at which these licenses may be used: _______
Locations where software will be used are G listed below G attached.. Bold items are required.
Contact details are optional, but will improve our ability to provide end-user support to each location.
Contact:                                               Contact:
Address:                                               Address:
City, State, Zip:                                      City, State, Zip:
Phone:                                                 Phone:
Fax:                                                   Fax:
Email:                                                 Email:
Contact:                                               Contact:
Address:                                               Address:
City, State, Zip:                                      City, State, Zip:
Phone:                                                 Phone:
Fax:                                                   Fax:
Email:                                                 Email:
Contact:                                               Contact:
Address:                                               Address:
City, State, Zip:                                      City, State, Zip:
Phone:                                                 Phone:
Fax:                                                   Fax:
Email:                                                 Email:
Contact:                                               Contact:
Address:                                               Address:
City, State, Zip:                                      City, State, Zip:
Phone:                                                 Phone:
Fax:                                                   Fax:
Email:                                                 Email:
Contact:                                               Contact:
Address:                                               Address:
City, State, Zip:                                      City, State, Zip:
Phone:                                                 Phone:
Fax:                                                   Fax:
Email:                                                 Email:

Customer's Signature:                                  HSS Signature:
Name:                                                  Name:
Title:                                                 Title:
Date signed:                                           Date signed:

                                     6103F rev. 12/10/09 Page 2 of 2

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