The Preserver™

Calculator

Treatment Structure Sizing Calculator

Momentum Environmental LLC (“Momentum”) has developed a proprietary Treatment Structure Sizing Calculator (the “Sizing Calculator”) to evaluate and predict the expected pollutant removal and retention capabilities of The Preserver™ hydrodynamic separator under various programmable environments and variables. Generally, the Sizing Calculator uses inputs from the user to provide average annual performance specific to each project and each project location.

Momentum strongly believes that the Sizing Calculator is a dynamic and powerful tool to estimate and evaluate Preserver™ performance for specific applications. However, the user is advised that the accuracy of the Sizing Calculator’s predictions is highly dependent upon the inputs entered by the user.

The Sizing Calculator is intended to be a continuous work in progress. Users are encouraged to provide feedback and share ideas for improvements, and Momentum will incorporate additional features as appropriate.

To gain access to and utilize the Sizing Calculator, a user must provide the information requested below and accept the Limited License and Use Terms. Once accepted, the user agrees to the terms and conditions set forth therein.

This is an agreement (the “License Agreement”) between the individual or entity (“User”) that accesses and/or uses the Treatment Structure Sizing Calculator (the “Sizing Calculator”) of Momentum Environmental LLC (“Momentum”). By receiving or using the Sizing Calculator, the User has irrevocably accepted and agreed to be bound by this License Agreement and represents that the User has the authority to bind itself or the entity User represents to this License Agreement.

  1. License. Momentum grants User a limited, revocable, non-exclusive, royalty-free, non-transferable, non-sub-licensable license to use the Sizing Calculator solely for the purpose of evaluating and predicting the expected performance and sediment retention capabilities of the hydrodynamic separators included in the Sizing Calculator. Momentum reserves the right to modify or discontinue access or use of the Sizing Calculator and to terminate this license at any time without notice. The Sizing Calculator was developed exclusively for the stated purpose and User acknowledges that the Sizing Calculator may not be suitable for other uses.
  2. Limitations. User may use the Sizing Calculator only as expressly authorized under this License Agreement. Except as expressly permitted under this License Agreement, User will not: (a) distribute, sub-license, resell, lease, transfer, or otherwise provide access to any portion of the Sizing Calculator to any third party; or (b) modify or create derivative works of the Sizing Calculator. User will not circumvent or disable any copy protection, security, or other controls in the Sizing Calculator. User will not reverse engineer, disassemble or decompile the Sizing Calculator (except to the extent applicable law does not allow this restriction). User will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in any Sizing Calculator. User will not direct, encourage, or assist any other party to take any action prohibited by this License Agreement. User has full responsibility for the proper checking of model input parameters and proper User interpretation of output. Momentum has no responsibility relating to input or output.
  3. Reservation of Rights. User acknowledges that the Sizing Calculator is the intellectual property of Momentum. Except for the rights explicitly granted to User in this License Agreement, all right, title and interest in and to the Sizing Calculator are reserved and retained by Momentum, and User acknowledges that User has no ownership rights except for this license. If User provides suggestions, ideas, or other feedback to us about the Sizing Calculator, Momentum will be free to exercise all rights in such feedback without restriction and without compensating you. If errors are found by User or changes to Sizing Calculator are made, User shall document those errors and changes made and provide that information to Momentum.
  4. Disclaimers and Limitations of Liability. THE SIZING CALCULATOR IS PROVIDED “AS IS,” AND WITHOUT WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND MOMENTUM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY OR COMPLETENESS OF DATA, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. USE OF THE SIZING CALCULATOR IS AT USER’S SOLE RISK. IN NO EVENT WILL MOMENTUM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING FOR ANY LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST OF PROFITS OR DATA, COST OF COVER, OR COMPUTER FAILURE OR MALFUNCTION) ARISING FROM OR RELATING TO THE SIZING CALCULATOR OR THIS LICENSE AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF MOMENTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND DISCLAIMERS APPLY EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  5. Indemnity. User releases Momentum and will indemnify, defend and hold Momentum (including any respective officers, directors, employees, contractors and assigns) harmless from and against any loss, expense, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises out of any claim relating to the Sizing Calculator, it’s use, it’s predictions or your breach or non-compliance with this License Agreement (each, a “Claim”).
  6. Miscellaneous. The laws of the State of Minnesota will govern this License Agreement. Any action relating to this License Agreement shall have venue in the courts for the state of Minnesota in Hennepin County, Minnesota and nowhere else. User agrees to acknowledge use of the Sizing Calculator in any report or publication by prominently including the phrase “The Treatment Structure Sizing Calculator developed by Momentum Environmental LLC of Minneapolis, MN was used in connection with this report.”