DISCLAIMER STATEMENT:
WATER BALANCE MODEL POWERED BY QUALHYMO

The Water Balance Model powered by QUALHYMO is a web-based decision support tool that integrates the continuous hydrologic simulation capabilities of QUALHYMO with the built-in suite of land use, low impact system, soil and local climate information that constitutes the Water Balance Model for Canada, while providing a standardized presentation of calculation results. 

The QUALHYMO model is the hydrologic calculation engine that will provide consistent delivery of reliable results; the decision support tool will manage data so that users and reviewers can compare multiple development and land use scenarios. The significant benefit of the integrated tool is the resulting emphasis on strategy and alternative implementation methodologies, as well as the focus on a multitude of design details available to achieve the desired objectives.

Neither the Partnership for Water Sustainability in British Columbia nor its representatives, agents, partners, employees or contractors make any warranty, express or implied, nor assume any legal liability for, the accuracy, completeness or significance of any algorithms employed within, or outputs or results generated by, the Water Balance Model powered by QUALHYMO. Interpretation and application of scenario modeling results are the sole responsibility of individual users of the Water Balance Model powered by QUALHYMO.

1. LICENSE

QUALHYMO is software provided by ACR, LLC for integration with the Water Balance Model for Canada.  That software and any documentation associated with that software, considered either individually or together, constitute the Product.  The Product is incorporated in the Water Balance Model interface for the purpose of scenario modeling related to land use planning and stream health analysis, and is provided by the Partnership for Water Sustainability in British Columbia to the Project Partner or Paying Subscriber or Trial Subscriber (Enterprise) as a non-exclusive enterprise license. The Product may be used by any employees of the Project Partner or Paying Subscriber for a period of one year , commencing on the anniversary date established when payment of the Annual Subscription Fee from the Enterprise is received by the Partnership for Water Sustainability in British Columbia .  The Product may be used by Trial Subscribers for a period of thirty days.

2. RESTRICTIONS.

When used within the operating environment of the Water Balance Model powered by QUALHYMO, restrictions to the use and/or dissemination of the Product shall include but not be limited to the following:

• Reverse Engineering: The Enterprise shall not in any way cause or permit the modification of Product or the creation of derivative works based on the Product, or any portion thereof.
• Transfer: The Enterprise shall not cause or permit communication of copies of Product other than to Users and shall ensure that no person who is not a Enterprise employee can acquire a copy or copies of the Product.  The Enterprise shall ensure that persons who cease to be Users under this license do not retain copies of the Product.
• Versions: If the Product becomes available in a modified form over the term of this Agreement, the Enterprise will ensure that Users are notified and provided with access to the modified form of the Product.  This Agreement shall apply to such modified versions of the Product should they become available.
• Location: The Enterprise shall ensure that Users do not make reference to or use the Product in any way in any jurisdiction or situation outside the jurisdiction of the Enterprise. 
• Use of Name. The Enterprise may not use the Partnership for Water Sustainability in British Columbia and/or ACR, LLC. names, logos, or trademarks in any manner except as is necessary to affix the appropriate copyright or other proprietary notices as required herein unless such use is explicitly agreed to in writing by the Partnership for Water Sustainability in British Columbia and/or ACR, LLC.
• Computing Environment: Data and other input requirements are specified in the documentation elements of the Product, or are as implicitly or explicitly required by software elements of the Product.

3. TITLE.

All title, ownership rights, and intellectual property rights in and to the Product and any copies thereof are vested in and shall remain in the Partnership for Water Sustainability in British Columbia and/or ACR, LLC.  The Product is protected by the copyright laws and other intellectual property laws of Canada, the United States and international treaties. More specifically, ownership of the QUALHYMO engine resides with ACR, LLC and ownership of Water Balance Model interface resides with the Partnership for Water Sustainability in British Columbia .

4. RESPONSIBILITY FOR USE.

The Product or some versions of the Product are likely to have errors or bugs in some form.  It is the responsibility of the User to ensure that the Product is appropriate for, and is used in a way appropriate for, the User's intended purposes.  It is the responsibility of the User to ensure that any results they may develop using the Product or in association with the Product are correct and appropriate for the purpose intended by the User.  The Product may not be accurate or as represented, and the constituents of the Product, namely its documentation and any software associated with that documentation, may be mutually inconsistent.  The author/s of the Product is/are not responsible for any consequences of the use of or reference to the Product, regardless of the nature of the association of those consequences with the Product or of the way it may have been used or referenced. 

5. TERMINATION.

The License is in effect for the one-year term of the Annual Subscription Fee, payable to the Partnership for Water Sustainability in British Columbia , and is renewable annually by the Enterprise. The Enterprise may terminate this License by ceasing any use of the Product. The License will terminate immediately and automatically if the Enterprise breaches any of the terms of this Agreement.  Sections 2, 3, 4, 5, 6, 7, 8 and 9 shall survive any termination of this Agreement.

6. EXPORT CONTROLS.

The Water Balance Model powered by QUALHYMO Software is subject to the export control laws of Canada and the United States. The Enterprise may not export or re-export the the Water Balance Model powered by QUALHYMO Software or any part thereof without the appropriate Canada, United States and foreign government licenses. The Enterprise shall otherwise comply with all applicable export control laws and shall indemnify, defend, and hold the Partnership for Water Sustainability in British Columbia and/or ACR, LLC harmless from any and all liabilities (including solicitor’s or attorney's fees) arising from or related to the Enterprise’s violation of such export control laws.

7. LIMITED WARRANTY.

The sole liability of the Partnership for Water Sustainability in British Columbia and/or ACR, LLC is the availability of the Product through an internet connection for the one-year term of the Annual Subscription Fee.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY THE PARTNERSHIP FOR WATER SUSTAINABILITY IN BRITISH COLUMBIA AND/OR ACR, LLC FOR THE WATER BALANCE MODEL POWERED BY QUALHYMO SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND ACR, LLC MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.  THIS WARRANTY GIVES THE ENTERPRISE SPECIFIC LEGAL RIGHTS,  AND THE ENTERPRISE MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE OR FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE PARTNERSHIP FOR WATER SUSTAINABILITY IN BRITISH COLUMBIA AND/OR ACR, LLC BE LIABLE TO THE ENTERPRISE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOSS OF DATA OR MALFUNCTION EVEN IF THE PARTNERSHIP FOR WATER SUSTAINABILITY IN BRITISH COLUMBIA AND/OR ACR, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PARTNERSHIP FOR WATER SUSTAINABILITY IN BRITISH COLUMBIA AND/OR ACR, LLC UNDER THIS AGREEMENT EXCEED THE SUM OF ONE DOLLAR (CANADIAN CURRENCY). NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT A PARTY'S LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.

GENERAL.

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior or contemporaneous agreements and representations between them with respect to the subject matter. This Agreement may be amended only in writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY THE ENTERPRISE IS EXPRESSLY MADE CONDITIONAL ON THE ENTERPRISE’S ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN ANY PURCHASE ORDER, AND SUCH PURCHASE ORDER TERMS SHALL HAVE NO EFFECT ON THIS LICENSE AGREEMENT. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of this Agreement shall nonetheless remain in full force and effect.