CMS Terms and Conditions.txt

Coastal Modeling System Terms and Conditions

Terms and Conditions
By using the CMS Software you voluntarily accept the following terms and conditions. 
If you do not agree to these terms and conditions, uninstall the CMS Application and 
remove any program materials. Terms and Conditions for use of CMS Software The United 
States Government, US Army Corps of Engineers (USACE), Engineer Research and Development 
Center (ERDC), Coastal and Hydraulics Laboratory(CHL) grants to the user the rights to 
install "CMS Software" and to use, copy and/or distribute copies of the CMS Software to 
other users, subject to the following Terms and Conditions of Use: All copies of the CMS 
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 the US Army Corps of Engineers 
ERDC CHL. User may reproduce and distribute the CMS Software provided that the recipient 
agrees to the Terms and Conditions for Use noted herein. The US Army Corps of Engineers 
ERDC CHL is solely responsible for the content of the CMS Software. The CMS Software may 
not be modified, abridged, decompiled, disassembled, 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, in whole or in part, of the CMS Software must not be used to 
endorse or promote software products derived from the original CMS Software. No part of 
this Terms and Conditions for Use may be modified, deleted or obliterated from the CMS 
Software. No part of the CMS 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 CMS software “as is” without any 
warranty or condition, expressed, 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 CMS software regardless of cause, including negligence. 

Indemnity
As a voluntary user of the CMS Software you agree to indemnify and hold the United States 
Government, and its agencies, officials, representatives, and employees, including its 
contractors and suppliers, harmless from any claim or demand, including reasonable 
attorneys' fees, made by any third party due to or arising out of your use of the CMS 
Software or breach of this Agreement or your violation of any law or the rights of a 
third party.