Terms and Conditions

Overview

This software, GeoSWMM, was developed by Utilian Inc. (Utilian). Throughout the site, the terms "we", "us", and "our" refer to Utilian. Utilian offers this software through its website (https://www.utilian.com), including all information and services available from the Utilian to "you", the user.

Terms

By accepting the Terms and Conditions and accessing or downloading Utilian's software and data products and services, you agree to be bound by these Terms and Conditions of Use and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using the Utilian application(s), including GeoSWMM. The materials and features contained in this software are protected by applicable copyright and trademark law.

License

aPermission is granted for access to GeoSWMM on the Utilian website for both personal and commercial use. This is the grant of a license, not a transfer of title, and under this license you may not:
  1. modify or copy the materials.
  2. attempt to decompile or reverse engineer any software developed by Utilian.
  3. remove any copyright or other proprietary notations from the materials.
  4. transfer the materials to another person or "mirror" the materials on any other server.
  5. use the service provided for any illegal or unauthorized purpose or post offensive, defamatory, or illegal material.
  6. share your Utilian account or product license(s) with any other users.
bThis license shall automatically terminate if you violate any of these restrictions and may be terminated by Utilian at any time.
cThe trademarks, names, logos and service marks (collectively "trademarks") displayed in this software are registered and unregistered trademarks of the Utilian, the developer. Nothing contained in this website or the product(s) should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

Disclaimer

This software, GeoSWMM, and all its respective features are provided "as is". Utilian makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Utilian does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of GeoSWMM or related software and materials.

Limitations

In no event shall Utilian be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising from the use or inability to use GeoSWMM, regardless of whether Utilian or an authorized representative of Utilian has been notified orally or in writing of the possibility of such damage. Additionally, Utilian shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services including GeoSWMM, or for the cost of procurement of substitute services.

Revisions

Utilian acknowledges that GeoSWMM could include technical, typographical, or photographic errors. Utilian does not warrant that GeoSWMM and any associated materials are accurate, complete, or current. Utilian reserves the right to make changes to the materials contained on its website, including GeoSWMM, at any time and without notice. Additionally, Utilian does not make any commitment to update the materials.

Cancellation

aYou are solely responsible for the cancellation of your account with Utilian. You can cancel your account at any time from your Account page.
bAll of your stored content will be immediately deleted from Utilian account upon cancellation. This information cannot be recovered once your account is cancelled.

Payments and Refunds

aA credit card is required for paid subscriptions. After a successful payment and checkout process, the new subscription and its features will be available immediately.
bA free trial period, which is specified on Utilian website, is offered to new users of GeoSWMM. A user may only have one free trial account.
cThe GeoSWMM subscription fees are non-refundable and billed yearly. There will be no refunds or credits for accounts with active subscriptions even if there has been no usage.

Links and User Content

Utilian has not reviewed all sources and sites linked or related to GeoSWMM, and is not responsible for the contents of any such materials. The inclusion of any link, image, or source does not imply endorsement by Utilian of the origin of the source. Use of any such accompanying or sourced materials is at the user's own risk.

Terms of Use Modifications

Utilian may revise these terms of use for GeoSWMM, at any time and without notice. By using this software, you are agreeing to be bound by the latest version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Utilian's website and software, including GeoSWMM, shall be governed by the laws of the Commonwealth of Virginia, USA without regard to its conflict of law provisions.

For any questions on the above Terms and Conditions of Use, please email contact@utilian.com