To Users of NetMap's Tools and Assessments
1.0 Users of Slope Stability Information
Applying shallow landslide, gully, surface erosion and debris flow models and predictions requires careful consideration of other factors including the applicability of any models to diverse landscapes (e.g., is model appropriate), other important factors such as climate, vegetation characteristics, soils, land-use activities, wildfire history, and landslide history (at any particular site and in the larger landscape). Model users should have expertise in geotechnical disciplines in order to appropriately interpret landslide and debris flow hazards.
Using models to predict erosion is never a substitute for field work and analysis. Models only provide an approximation of on the ground conditions. It is recommended to use both modeling, to provide a coarse level screening of erosion potential, followed up by field verification of model parameters (such as slope) and actual erosion conditions.
The boundaries between erosion potential map elements predicted by NetMap/TerrainWorks software (e.g., digital landscapes and analysis tools) are approximate. Actual boundaries between mapping elements in any specific location need to be determined in the field, on site. In addition, not all small-scale landslide-prone features will be mapped and other features may be encountered during field inspections. Moreover, the sediment delivery potential (to streams and to other identified locations) of predicted erosion features, as well as any other erosion-prone landforms, should be verified in the field, on site.
The erosion predictions in the TerrainWorks/NetMap software are based on scientific information. However, any erosion prediction will contain inaccuracies and limitations because of 1) the relatively short and unique history of storms that triggered erosion and that are used to create the science (e.g., longer and different time periods and larger storms may yield different scientific results, models and understanding) and 2) the incomplete scientific understanding of all erosion mechanisms. For these reasons, all erosion predictions made by the TerrainWorks/NetMap software will not completely identify all of the potentially erodable areas. Regardless of the types of predictions made by the TerrainWorks/NetMap software, and including any and all applications by anyone, no warranties, express or implied, are made and in fact are disclaimed.
2.0 Warranty Disclaimer, Limitation of Liability and Transfer
2.1 Transfer of TerrainWorks (NetMap) analysis tools (add-ins in ArcMap) and the full digital landscapes (e.g., watershed datasets) to other, non-licensed individuals is not allowed without written permission of Licensor. Written permission is not required to transfer data and analyses created by TW in any form (shapefiles, JPEGs, spreadsheets etc.), which data and analyses can be freely disseminated. Other than as provided expressly herein, you may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations thereo.
2.2 TerrainWorks (NetMap) is Copyright 2007 (registered). The programs and source code are protected by copyright laws and international treaty provisions. By this License, Licensor grants you a non-exclusive right and license to use the executable version of the Software, where “use” in this Agreement means storing, loading, installing or executing the Software. All right, title and interest in and to the Software is retained by Licensor. Re-sale, re-licensing, or other distribution of the Software, either as it exists on a distribution disc or on a computer, or any modification of the Software is prohibited. Any assignment, lease, loan, rental, or transfer the Software to a third party without written permission of the Licensor also is prohibited.
2.3 The Software is provided “as is”, without warranty of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement, which warranties are hereby expressly disclaimed. In no event shall the Licensor, its officers, directors, employees and third-party suppliers, the authors, copyright holders, creators, distributors or disseminators be liable for any demand, claim, cause of action or suit for damages or other liability, including but not limited to for or in connection with consequential damages, business interruption, loss of profits, loss of business information, personal injury, wrongful death, property damage, etc., whether in an action in contract, tort, product liability or otherwise, arising from, out of or in connection with the Software or the download, use or operation or results thereof or otherwise related to the Software, even if Licensor has been made aware of the possibility of such damages. The user and any and all third parties, for themselves and their assigns, executors and heirs, in exchange for access to, use and or results of the Software, hereby waive and release any and all demands, claims, causes of action and suits of any kind, including but not limited to consequential damages, in connection with or related to the Software, its download, use, operation and or results, and agree to hold harmless and to indemnify the Licensor, authors, creators, developers, suppliers, distributors and disseminators of the Software and or results thereof of and from any and all suits, causes of action, claims and demands of any kind in connection with or related to the Software or the results thereof, including but not limited to for or in connection with consequential damages. In any event, the liability of Licensor, authors, creators, developers, suppliers, distributors and disseminators of the Software and or results thereof for damages shall not exceed the license fee, if any, paid by you directly to Licensor for use of the Software or its results. Your exclusive remedy shall be, at Licensor’s option, the repair or replacement of the Software or refund of part or all of the license fee, if any, paid by you for the Software.
Any similarity between the Software and any other software is purely unintentional and coincidental.
2.4 Licensor shall not be responsible for and does not guarantee the performance, accuracy or compatibility of the software of any and all data. Licensor is not responsible for any damage to user’s computer or hard disk that results from downloading, use or operation of the Software.
2.5 Licensor assumes no responsibility or liability for the accuracy of any and all data and any information, misinformation, or use of information with regards to the Software or the base parameter layers thereof.
2.6 This is a legal and binding agreement between you (the user) (Licensee) and Licensor regarding the Software. Please read it carefully. By use of the Software or the results thereof, you agree to be bound by all the terms and conditions of this License. If you do not agree to be bound by all the terms and conditions of this License, you are not authorized to access or to use TerrainWorks software or the results thereof, and must return the Software to Licensor.
2.7 You may not reverse engineer, reverse compile, decrypt or disassemble the Software. You may not remove, alter or destroy any copyright, proprietary or confidential notices placed on the Software or the documentation associated therewith. By this License, you are obtaining no rights to the Software except those expressly granted this License: Except to the extent expressly licensed herein, all rights are reserved to Licensor and its suppliers. By downloading, using or otherwise benefiting from the Software, you agree to all the terms and conditions of this License. Licensor may terminate this license immediately for any failure to comply with any of the terms set forth in this License. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.
