LICENSE

Copyright 2005 by Virginia Polytechnic Institute and State University. All rights reserved. Virginia Polytechnic Institute and State University (Virginia Tech) owns the Bacteria Load Source Calculator (BSLC) software and its associated documentation ("Software"). This Software was developed by Virginia Tech. You should carefully read the following terms and conditions before using this Software. Your use of this Software indicates your acceptance of this license agreement and all its terms and conditions. License Rights Permission is hereby granted, free of charge, to any person obtaining a copy of the Software to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or charge a fee for copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following terms of this license.

Copies and Modifications

You must include the above copyright notice and this license on any copy, substantial portion, or modification of the Software. You must cause modified files to carry prominent notices stating that you changed the files and indicating the date of any change. Each time you redistribute this Software, substantial portions or modifications thereof, the recipient automatically receives a license to copy, distribute or modify the Software and modifications subject to these terms and conditions. You may not impose any further restrictions on this Software or any derivative works beyond those restrictions herein, without prior written authorization of Virginia Tech. If you cannot distribute so as to satisfy simultaneously your obligations under this license and any other pertinent obligations, then as a consequence you may not distribute the Software at all. You agree to use your best efforts to provide Virginia Tech with any modifications containing improvements or extensions by delivering to Virginia Tech source code and related material intended to be compiled or integrated with the source code for this open source product (Contributions). You agree to assign Virginia Tech joint ownership in all such Contributions. You agree that Virginia Tech may register a copyright in the Contribution. You will retain the right to use the Contribution subject to the terms of this license. You and Virginia Tech will be joint owners to Contributions with no accounting to the other for use. Your Contributions may be provided to Virginia Tech by contacting: tmdl@vt.edu.

Separate Works

If identifiable sections of your modified work are not derived from the Software, and can be reasonably considered independent and separate works in themselves, then this license, and its terms, do not apply to those sections when you distribute them as separate works. However, when you distribute the same sections as part of a whole which is a work based on the Software, the distribution of the whole must be on the terms of this license, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. However, mere aggregation of another work not based on the Software, with the Software (or with a work based on the Software) on a volume of a storage or distribution medium, does not bring the other work under the scope of this license.

Fees

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

Governing Law

This agreement shall be governed by the laws of the Commonwealth of Virginia.

Disclaimer of Warranty

Because this Software is licensed free of charge, there is no warranty for the Software. Virginia Tech does not make any warranty or representation that the operation of the Software in this compilation will be error-free, and neither party is under any obligation to provide any services, by way of maintenance, update, or otherwise. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability

IN NO EVENT WILL VIRGINIA TECH OR ANY PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PRORAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF VIRGINIA TECH OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use of Name

Users will not use the names Virginia Tech or Virginia Polytechnic Institute and State University nor any adaptation thereof in any publicity or advertising, without prior written consent from Virginia Tech in each case.

Export License

Export of this software from the United States may require a specific license from the United States Government. It is the responsibility of any person or organization contemplating export to obtain such a license before exporting.

END OF TERMS AND CONDITIONS

Comments, questions, and bug reports related to BSLC should be sent to tmdl@vt.edu. General information, download options, and documentation are available at http://tmdl.bse.vt.edu.