READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE DOWNLOADING AND/OR USING THIS SOFTWARE APPLICATION. BY COMPLETING THIS REGISTRATION FORM AND DOWNLOADING AND/OR USING THIS SOFTWARE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LIMITED, REVOCABLE, NONTRANSFERRABLE AND NONEXCLUSIVE LICENSE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT COMPLETE THIS FORM, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
The Permeable Design Pro™ software is a computer program that was developed by Applied Research Associates, Inc. (ARA) for the Interlocking Concrete Pavement Institute (ICPI) in accordance with the 1993 AASHTO Guide for Design of Pavement Structures and the U.S. Federal Highway Administration program called Drainage Requirements in Pavements that address hydrological design. The program operates in the Microsoft Windows® environment to computerize the pavement design process based on the AASHTO 1993 design equations for flexible pavements and a water balance equation using Drainage Requirements in Pavements. Permeable Design Pro™ contains four modules:
- Pavement Structure
- Structural Design
- Drainage Design
Options within each module permit the structural and drainage design of a permeable interlocking concrete block pavement. The user can design a low traffic volume pavement section by specifying pavement layer and material properties, anticipated traffic, and typical rainfall events by inputting a design storm. The analysis module allows the user to change or add design details and features such as subsurface drainage systems to assist in removing or delaying water from leaving the pavement section.
Although this program was designed to be operated by technical and non-technical people, it cannot and should not take the place of the professional judgment from a qualified professional pavement engineer. A thorough understanding of engineering fundamentals and principles associated with pavement design, stormwater hydrology and site hydraulics are essential to the proper application of the software.
The minimum hardware and software requirements needed to run Permeable
Design Pro™ software are presented in the table below. In addition, a Microsoft mouse or other compatible pointing device is required.
|Minimum Requirements for ICPI's Permeable Design Pro™
||Windows Vista, 7 or 8
||32 MB RAM
||High speed internet connection
||0 MB minimum free hard disk space
||VGA or higher resolution
ICPI has contracted with ARA (the developer and owner of the software application), to provide technical assistance to licensees. Technical assistance is available through several means, including telephone, e-mail, and the internet. This technical assistance will be limited to operation and direct application of the software program and provides for telephone access to ARA staff between the hours of 8:00 a.m. and 5:00 p.m. (Eastern Time), Mondays through Fridays except recognized holidays.
Technical assistance includes assisting the designated licensee's user to properly install the product, to determine if there are any problems with the supplied program or documentation, and to provide general guidance in the use of the program and documentation. This technical assistance service is limited to the maximum of the hours of consultation and separate contacts initiated by the licensee's designated user during the first 60 days after receipt of the product materials, as listed in the table below. Callback telephone calls or other such contacts will not be counted against the limit of the contacts.
|Maximum Technical Assistance Services
|No. of Users
||No. of Calls
Technical assistance does not include any support related to interpretation or application of any edition of the AASHTO Guide for Design of Pavement Structures or Drainage Requirements in Pavements, nor does it include any support related to difficulties encountered by the licensee in attempting to modify the program. These services are considered totally outside the scope of this license agreement. The licensee may contact ARA for such services under a separate contract and fee arrangement, which is agreed, will not involve or obligate ICPI in any way.
Licensing and Order Procedures
READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE DOWNLOADING AND/OR USING THIS SOFTWARE APPLICATION. BY DOWNLOADING AND/OR USING THIS SOFTWARE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LIMITED, REVOCABLE, NONTRANSFERRABLE AND NONEXCLUSIVE LICENSE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
The Permeable Design Pro™ computer program is a proprietary product of ARA and is protected by United States copyright laws, other applicable copyright laws and international treaty provisions. ARA retain all rights, title, interest to and ownership of the computer program, including patent, copyright, trademark and any intellectual property rights in and to the computer program and any copies of the computer program, and has authorized ICPI to grant this limited, revocable, nontransferable and nonexclusive license to make use of the software application.
As a Licensee, you may use the program and documentation on the number of computers licensed and make copies for backup purposes so long as all such copies clearly indicate that the software is owned by ARA and that the Licensee acknowledges and observes all aspects of this license agreement.
Each copy of the software must have its own separate license and be registered with ICPI and ARA. The Licensee is not permitted to make copies of the software without having first purchased the appropriate additional licenses.
Assignment, Sublicense or Transfer
In no event shall a Licensee sell, resell, rent, lease, give away, redistribute, assign, or otherwise transfer or sublicense in any form, any proprietary materials constituting the computer program or documentation or any parts thereof to another party that is not a part of the Licensee's entity or organization as specified in this agreement.
Licensee shall not decompile, disassemble, or otherwise reverse engineer the program, or modify the program in any way without the prior written consent of ICPI or ARA.
ICPI represents and warrants only (i) that it has full power and authority to enter into this agreement and to grant the rights that are granted to the Licensee hereunder; (ii) that all rights conveyed to the licensee are free of encumbrances and that the transfer of rights under this agreement does not violate the rights of any third person.
Limited Warranty Disclaimer
THE PERMEABLE DESIGN PRO™ SOFTWARE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY AND ICPI AND ARA EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. SHOULD THE SOFTWARE PROGRAM PROVE DEFECTIVE, LICENSEE'S ENTIRE AND EXCLUSIVE REMEDY SHALL BE GOVERNED BY THE LIMITATIONS OF LIABILITY PARAGRAPH BELOW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITED LIABILITY EXCLUSION MAY NOT APPLY TO THE LICENSEE. ICPI AND ARA DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS OR THAT THE OPERATIONS OF THE SOFTWARE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE. THE LICENSEE ALSO ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE PROGRAM TO ACHIEVE THE LICENSEE'S INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE PROGRAM.
Limitation of Liability
ICPI AND ARA AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AUTHORIZED AGENTS SHALL NOT BE LIABLE FOR AND DISCLAIM ANY AND ALL LIABILITY FOR ANY DAMAGES WHATSOEVER UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES FOR PERSONAL INJURY, PROPERTY LOSS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF, RELATED TO, OR BASED ON THE USE OF THE SOFTWARE PROGRAM, EVEN IF ICPI, ARA OR AN AUTHORIZED CONTRACTOR/AGENT OF ICPI OR ARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ICPI'S AND/OR ARA'S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE SOFTWARE PROGRAM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE LICENSEE.
Notwithstanding the above, if a Licensee reports a significant defect in performance in writing, ICPI or ARA will make reasonable commercial efforts to correct the deficiency so that the program conforms to the documentation within ninety (90) days of such reporting.
If ICPI or ARA are not able to correct a problem that is reported within ninety (90) days of acquisition, the Licensee may return all materials, including a written agreement that all copies of the program and documentation have been destroyed or deleted, and ICPI will refund the one-time license fee.
Licensee accepts the remedies described above as licensee's only remedies and recognizes that they will only be available if license has signed and agreed to all conditions of this license and order agreement.
Licensee shall hold harmless, indemnify and defend ICPI and ARA and their respective officers, directors, employees, members, agents, representatives or contractors, from and against any and all claims, actions, losses, liabilities, judgments, interest and settlements, including reasonable attorneys' fees and expenses, arising out of or related to the use of the software program by the Licensee.
Successors and Assigns
This agreement shall be binding upon and shall inure to the benefit of the parties and each of their respective successors and permitted assigns.
This agreement constitutes the entire agreement between the parties, and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of the agreement. This agreement may not be amended or modified except in writing signed by authorized representatives of both parties.
I have read the Licensing Agreement for Permeable Design Pro™ software and ACCEPT the terms and conditions stated therein.