End User License Agreement

IMPORTANT INFORMATION – PLEASE READ CAREFULLY

This License Agreement (“License” or “EULA”) shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as “You” or “Your”) and for the use of the specified software application (FloCal) which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers (“Product”). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that SEEC may supply to You or make available to You, or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use.

BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.

This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.

LICENSE GRANT

SEEC shall grant to you a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall govern any and all software upgrades provided by that would replace, over write and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.

TERMINATION

Should you breach this EULA at any time, your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License Grant will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST destroy any and all copies of the Product.

COPYRIGHT

FloCal is protected by copyright and other intellectual property laws and treaties, and, as such, all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.

RESTRICTIONS ON USE

As a Licensee, You may not:

  • Share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;
  • Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License;
  • Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
  • Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
  • Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.

UPDATES

SEEC may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.

DISCLAIMER OF WARRANTY

FloCal is provided to you in good faith and for its intended purpose only. SEEC cannot be held responsible for the applicability of FloCal for your particular application; you use it at your own discretion and risk. Flocal is only designed to aid in the design of temporary stormwater channels such as those recommended in “The Blue Book” or the latest revision of the IECA’s Best Practice for Erosion and Sediment Control Manual; it is not intended for permanent or natural drainage channels or watercourses.

LIMITATION OF LIABILITY AND REMEDIES

In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability shall be limited to the amount actually paid by you for this Product.