Visual OTTHYMO is a complex computational software program (Visual OTTHYMO Software Program) for stormwater management owned by Smart City Water Inc.
Although the Visual OTTHYMO Software Program has been thoroughly tested by Smart City Water Inc. and has endeavoured to make this program error free, this program is not and cannot be warranted as infallible and there remains the possibility of program errors. Further, the Visual OTTHYMO Software Program is complex requiring professional engineering expertise and professional engineering judgment to input information and to interpret the information generated by the program. Therefore, Smart City Water Inc. can make no warranty either implicit or explicit as to the correct performance or accuracy of the Visual OTTHYMO Software Program to process or implement the information supplied.
As a result, Smart City Water Inc. disclaims all liability including, without limitation, special, collateral, incidental or consequential damages in connection with or arising out of the purchase and use of the Visual OTTHYMO Software Program.
Smart City Water Inc. reserves the right, from time to time, to revise and improve its documentation, program and software as they may deem necessary. The information in this program describes the state of the software at the time of its publication. It may not, however, accurately reflect the state of future revisions to the software.
You should read carefully the following terms and conditions before continuing with the installation and use of the Visual OTTHYMO software for stormwater management (the “software”). By installing the software, you are agreeing to be bound by the terms and conditions of this license. If you do not agree to the terms of this license, please permanently remove all copies of the installation (with all the original contents) to the place of purchase for a full refund within 10 days of purchase.
The software and the related documentation are licensed to you by Smart City Water Inc. (“LICENSOR”) as owner and also as distributor (“DISTRIBUTOR”). You will own the media on which the Software is stored and provided to you herewith, but LICENSOR retains all rights, including the copyright, in the Software and the related documentation. You may install and maintain the Software (the “Installed Copy”) on either a: (i) single computer for use by one person at a time (without sharing); or (ii) network server for use on an internal network, provided that the number of users concurrently using or sharing the Software does not exceed the number of valid licenses of the Software you have purchased from the LICENSOR. You may not assign or otherwise transfer any of your rights under this License to any third party. YOU AGREE TO ENSURE THAT ANYONE WHO USES THE SOFTWARE DOES SO ONLY FOR YOUR AUTHORIZED USE AND COMPLIES WITH THE TERMS OF THIS AGREEMENT.
2. RESTRICTIONS:
The Software contains copyrighted material, trade secrets and other proprietary material. Accordingly, YOU MUST NOT TRANSLATE, DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, MODIFY, ENHANCE, UPDATE, OR CREATE DERIVATIVE WORKS BASED UPON OR INCORPORATING, THE SOFTWARE, IN WHOLE OR IN PART, UNLESS AUTHORIZED IN WRITING BY LICENSOR. OTHER THAN AS EXPRESSLY PERMITTED HEREIN, YOU MUST NOT USE OR COPY THE SOFTWARE OR RELATED DOCUMENTATION. YOU MUST NOT NETWORK, RENT, LEASE, LOAN, OR DISTRIBUTE, THE SOFTWARE, IN WHOLE OR IN PART.
3. TERM:
This License is effective until terminated. You may terminate this License at any time by destroying all copies (in any format and including the Installed Copy) of the Software and related documentation. This License will terminate immediately, without notice from LICENSOR, if you fail to comply with any provision of this License. Upon termination, you must destroy all copies (in any format and including the Installed Copy) of the Software and related documentation, and you must notify LICENSOR in writing that all such copies have been destroyed.
4. MEDIA WARRANTY:
LICENSOR warrants that the disk(s) or compact disc(s) provided to you by LICENSOR on which the Software is stored, shall be free from defects in materials and workmanship under normal use for ninety (90) days from the date of delivery to you.
5. DISCLAIMER OF WARRANTY:
You expressly acknowledge and agree that use of the Software is at your sole risk. Although the SOFTWARE has been thoroughly tested and LICENSOR has endeavored to make this program error free, the SOFTWARE is not and can not be warranted as infallible, and there remains the possibility of program errors. Further, the SOFTWARE is complex, requiring professional engineering expertise and professional engineering judgment to input information into the SOFTWARE and to interpret the information generated thereby. Therefore, LICENSOR and DISTRIBUTOR can make no warranty either implicit or explicit as to the correct performance or accuracy of the SOFTWARE to process or implement the information required. THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR AND DISTRIBUTOR DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE INTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Furthermore, LICENSOR and DISTRIBUTOR do not warrant or make any representations regarding the use or the results of the use of the Software or related materials in terms of their correctness, accuracy, reliability or otherwise.
No oral or written information or advice given by LICENSOR or DISTRIBUTOR shall create a warranty or in any way increase the scope of the warranty contained in this License
6. MANDATORY MAINTENANCE:
Upon the expiration of the initial one-year maintenance period, the Licensee agrees to be charged for maintenance support in the amount of the LICENSOR’s regular list price for maintenance and support for the SOFTWARE as published from time to time by LICENSOR. Licensee shall notify LICENSOR in writing if it decides to decline mandatory maintenance. If Licensee fails to renew maintenance and later elects to receive it, LICENSOR reserves the right to charge Licensee its maintenance fees for the period(s) of the lapsed maintenance. Should the Licensee allow a lapse in maintenance, the Licensee forfeits access to technical support, updates and upgrades that may be available for the SOFTWARE. LICENSOR may elect to discontinue maintenance at any time upon written notice to Licensee.
7. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LICENSOR OR DISTRIBUTOR BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF LICENSOR OR DISTRIBUTOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S OR DISTRIBUTOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID TO LICENSOR OR DISTRIBUTOR TO LICENSE THE SOFTWARE HEREUNDER.
8. CONTROLLING LAW AND SEVERABILITY:
This License shall be governed by and construed in accordance with the laws of the province of Ontario and adjudicated in a court of that province. If, for any reason, a court of competent jurisdiction finds any provision of the License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible in order to effect the intention of the parties, and the remainder of this License shall continue in full force and effect.
9. COMPLETE AGREEMENT:
This License constitutes the entire agreement between the parties with respect to the use of the Software and related materials, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
10. THIRD PARTY SOFTWARE:
Visual OTTHYMO Software may include software under license from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to you is subject to the terms and conditions of the corresponding Third Party License. The Third Party License(s) is located in the license.txt file. Please contact Visual OTTHYMO support if you cannot find a Third Party License.
11. COUNTRY UNIQUE CODES AND LICENSE SHARING
Purchase of Visual OTTHYMO Software program is country specific. License sharing is permissible within the country of purchase and not internationally. Separate licenses specific to the country will be required for the use of the program in multiple countries.
