CMS Terms

Terms and Conditions

By using the CMS Software you voluntarily accept the following terms and conditions. If you do not agree to these terms and conditions, uninstall the CMS Application and remove any program materials. Terms and Conditions for use of CMS Software The United States Government, US Army Corps of Engineers (USACE), Engineer Research and Development Center (ERDC), Coastal and Hydraulics Laboratory(CHL) grants to the user the rights to install "CMS Software" and to use, copy and/or distribute copies of the CMS Software to other users, subject to the following Terms and Conditions of Use: All copies of the CMS Software received or reproduced by or for user pursuant to the authority of this Terms and Conditions of Use will be and remain the property of the US Army Corps of Engineers ERDC CHL. User may reproduce and distribute the CMS Software provided that the recipient agrees to the Terms and Conditions for Use noted herein. The US Army Corps of Engineers ERDC CHL is solely responsible for the content of the CMS Software. The CMS Software may not be modified, abridged, decompiled, disassembled, or reverse engineered. The user is solely responsible for the content, interactions, and effects of any and all amendments, if present, whether they be extension modules, language resource bundles, scripts or any other amendment. The name, in whole or in part, of the CMS Software must not be used to endorse or promote software products derived from the original CMS Software. No part of this Terms and Conditions for Use may be modified, deleted or obliterated from the CMS Software. No part of the CMS Software may be exported or re--?exported in contravention of U.S. export laws or regulations.

Waiver of Warranty

The United States Government and its agencies, officials, representatives, and employees, including its contractors and suppliers provide the CMS software “as is” without any warranty or condition, expressed, implied, or statutory, and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Depending on state law, the foregoing disclaimer may not apply to you, and you may also have other legal rights that vary from state to state.

Limitation of Liability

In no event shall the United States Government and its agencies, officials, representatives, and employees, including its contractors and suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with use of the CMS software regardless of cause, including negligence.

Indemnity

As a voluntary user of the CMS Software you agree to indemnify and hold the United States Government, and its agencies, officials, representatives, and employees, including its contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CMS Software or breach of this Agreement or your violation of any law or the rights of a third party.