Disclaimer for Environmental Models

This disclaimer is issued by the Department of Ecology ("Ecology") in regard to the computer software programs available for download from Models for Total Maximum Daily Load Studies, (i) QUAL2Kw, (ii) SedFlux, (iii) Shade, (iv) rTemp, (v) SolRad, (vi) CO2SYS, (vii) PIKAIA, (viii) PWspread, (viv) the Delta method, (x) Sunrise/Sunset and Twilight, (xi) tTools, (xii) COARE, (xiii) Seawater properties, (xiv) Manning's n calculator, and ny others that may be present, jointly referred to as "Ecology's models", including any accompanying software, data, media, and on-line or printed documentation.

Ecology's models are being made available without charge or, except as stated in the next sentence, restriction. No recipient of Ecology's models (or part of Ecology's models) shall: (i) copyright or patent any of them in any form; (ii) make a monetary charge for any of them to those to which the recipient may distribute it; (iii) limit in any way a redistributee’s use; (iv) violate or participate in the violation of the laws or regulations of the United States or other governments, foreign or domestic, in regard to their use or distribution.

To the extent not contrary to law, the Department of Ecology and the model developers shall not be liable to recipients, including redistributees, of Ecology's models for: loss of, reduction in or interruption of business; loss of, or failure to achieve, revenue or profit; increased costs of operation; loss of materials or information; computer failure or malfunction; or special, direct, indirect, incidental, punitive, or consequential damages whether resulting from negligence, willful misconduct, or other cause.

The Department of Ecology does not represent or warrant that Ecology's models are free from defect or deficiency. Recipients, including redistributees, shall be solely responsible for correction of defects or deficiencies, if any. There are no warranties, express or implied, including, without limitation, warranties of merchantability or suitability for a purpose.

In no event will the State of Washington nor any agency, officer, or employee of the State of Washington be liable for injury to persons or damage to, or loss of, property or for infringement of intellectual property rights, whether or not resulting, or claimed to result, from negligence or other circumstance in connection with Ecology's models.

The development of Ecology's models is an ongoing research project and hence Ecology's models may undergo revision from time to time. However, under no circumstances will the Department of Ecology be deemed responsible for informing the recipients, including the redistributees, of such revision to Ecology's models.

Recipients shall indemnify and defend the State of Washington and any agency, officer, or employee of the State of Washington against claims, liabilities, actions, costs and expenses which may result from violation of the provisions of this disclaimer.