AquaSWMM
DRAFT — review by an attorney before launch.This page has not had legal review and is not yet in force.

AquaSWMM end-user licence agreement

Draft of 23 September 2026. Not yet in force.

1. Who this agreement is with

This agreement is between you (the person, or the organisation you represent, installing or using the software) and Michael Flynn, a sole proprietor doing business as AquaSWMM ("AquaSWMM", "we", "us"). Postal address: [STREET ADDRESS — TO BE ADDED BEFORE LAUNCH]. Email: support@aquaswmm.com.

It covers the AquaSWMM desktop application, version 0.12.0 and later (releases up to and including 0.11.0 remain under the GNU GPL) (the "App"). By installing or using the App you accept it. If you do not accept it, do not install or use the App.

2. What is and is not covered

The App is proprietary software licensed under this agreement. Some components are not:

  • EPA SWMM 5 is public-domain software from the U.S. Environmental Protection Agency. The App runs it as a separate program; it is not part of what we license to you.
  • The AquaSWMM engine (the design methods, 2D solver, file readers and writers, command-line tool and Python and WebAssembly modules) is licensed under the GNU General Public License, version 3 or later. Your rights to those components come from that licence, and nothing in this agreement restricts them.
  • Other open-source components included with the App are listed in the App's credits with their licences, which govern them.
  • Releases of the App numbered 0.10.1 and earlier were published under the GNU General Public License and remain under it.

3. Licence grant

While you hold a valid licence key, we grant you a non-exclusive, non-transferable licence to install and use the App for the number of named users ("seats") your plan covers. A seat belongs to one named person, who may use the App on computers they use for work. A Firm plan covers the named users of one office.

A trial key gives the same rights for one seat for 30 days, once per email address, for evaluation. An education key gives the same rights for one seat for one year, for non-commercial teaching or research only.

4. Viewer mode

Without a valid key — before activation, or after a trial or subscription ends — the App runs in viewer mode. You may keep using it to open and view models and results and to read the manual. Running models, saving, and report and DXF export are disabled. We will never lock you out of your own files, and models remain in EPA's open file format.

5. Restrictions

Except as the law or an open-source licence in section 2 allows, you may not:

  • share a licence key with, or let it be used by, anyone who is not a licensed seat;
  • circumvent, disable or alter the licence check, or create or distribute keys;
  • reverse engineer, decompile or disassemble the proprietary parts of the App;
  • rent, lease, sublicense or resell the App, or offer it as a hosted service.

6. Your models and data

Your models, inputs and results are yours. The App processes them on your computer. The App contacts our server to refresh a licence key near its end date, sending the key itself; see the privacy policy. [CONFIRM BEFORE LAUNCH: the App makes no other network requests to us.]

7. Professional responsibility

The App is a tool for qualified engineers. It computes published methods and runs EPA's engine; it does not decide whether a method, input or result is appropriate for a project. You are responsible for checking results, for the choice of methods and inputs, and for any design, report or submittal that relies on the App. Nothing the App produces replaces the judgement of the engineer responsible for the work.

8. Warranty disclaimer

To the extent the law allows, the App is provided "as is", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the App is error-free or that its results are correct for any particular use. Our refund policy, not a warranty, is your remedy if you are unhappy with the App.

9. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data, or business, arising from the App or this agreement. Our total liability for any claim is limited to the fees you paid us for the App in the 12 months before the claim arose.

10. Updates and support

A subscription includes the App's updates released during its term and the support described on the support page for your plan.

11. Termination

This licence ends when your key expires or your subscription ends, or if you materially breach this agreement and do not cure the breach within 14 days of notice. On termination the App returns to viewer mode. Sections 2, 6, 7, 8, 9 and 12 survive.

12. General

This agreement is governed by the laws of [STATE — TO BE CONFIRMED], United States, without regard to its conflict-of-law rules. You must comply with applicable export laws. If any part of this agreement is unenforceable, the rest remains in effect. This agreement, with the terms of sale, is the whole agreement between us about the App. We may update it for future versions; the version you accepted applies to the version you installed.