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- ENHANCED COMPRESSED WAVELET (ECW) VIEWING/DECOMPRESSION AND
- COMPRESSION SOFTWARE DEVELOPMENT KIT AND ECW RUNTIME
-
- END-USER LICENSE AGREEMENT FOR EARTH RESOURCE MAPPING SOFTWARE
-
- IMPORTANT-READ CAREFULLY: This Earth Resource Mapping, Inc ("ERM") End-User
- License Agreement ("EULA") is a legal agreement between you (either an
- individual or a single entity) and ERM for the ERM software product identified
- above, which includes computer software and may include associated media,
- printed materials, and "online" or electronic documentation ("SOFTWARE
- PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the
- original SOFTWARE PRODUCT provided to you by ERM. Any software provided along
- with the SOFTWARE PRODUCT that is associated with a separate end-user license
- agreement is licensed to you under the terms of that license agreement. By
- installing, copying, downloading, accessing or otherwise using the SOFTWARE
- PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to
- the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may,
- however, return it to your place of purchase for a full refund.
-
- SOFTWARE PRODUCT LICENSE
-
- The SOFTWARE PRODUCT is protected by copyright laws and international copyright
- treaties, as well as other intellectual property laws and treaties. The SOFTWARE
- PRODUCT is licensed, not sold.
-
- 1. GRANT OF LICENSE. This EULA grants you the following limited, non-
- exclusive rights:
-
- (a) Software Product. You may install and use the enclosed SOFTWARE PRODUCT
- to design, develop, and test software application products for use with
- the Enhanced Compression Wavelet image technology.
-
- (b) ECW Viewing/Decompression and Compression Runtime ("ECW Runtime"). You
- may install and use an unlimited number of copies of the ECW Runtime which
- consists of files contained in the "runtime" directory. You may reproduce and
- distribute an unlimited number of copies of the ECW Runtime; provided that each
- copy shall be a true and complete copy, including all copyright and trademark
- notices, and that you comply with the Distribution Requirements described below.
-
- (c) Sample Code. You may modify the sample source code located in the
- SOFTWARE PRODUCT's "examples" directory ("Sample Code") to design, develop, and
- test your Application. You may also reproduce and distribute the Sample Code in
- object code form along with any modifications you make to the Sample Code,
- provided that you comply with the Distribution Requirements described below.
- For purposes of this section, "modifications" shall mean enhancements to the
- functionality of the Sample Code.
-
- (d) Distribution Requirements. You may copy and redistribute an unlimited
- number of copies of the ECW Runtime, and/or Sample Code in object code
- form (collectively "REDISTRIBUTABLE COMPONENTS") as described above,
- provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in
- conjunction with, and as a part of, your Application; (b) your
- Application adds significant and primary functionality to the
- REDISTRIBUTABLE COMPONENTS; (c) any distribution of the ECW Runtime
- includes each and every runtime file distributed as a single set; (d) you
- do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by
- your end-user customers (e) you do not use ERM's name, logo, or
- trademarks to market your Application without prior approval by ERM in
- writing; (f) you include a valid copyright notice on your Application;
- and (g) you indemnify, hold harmless, and defend ERM from and against any
- claims or lawsuits, including attorneys' fees, that arise or result from
- the use or distribution of your Application.
-
- 2. COPYRIGHT. All title and intellectual property rights in and to the
- SOFTWARE PRODUCT (including but not limited to any images, photographs,
- animations, video, audio, music, text, and "applets" incorporated into the
- SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the
- SOFTWARE PRODUCT are owned by ERM or its suppliers. All title and intellectual
- property rights in and to the content which may be accessed through use of the
- SOFTWARE PRODUCT is the property of the respective content owner and may be
- protected by applicable copyright or other intellectual property laws and
- treaties. This EULA grants you no rights to use such content. All rights not
- expressly granted are reserved by ERM.
-
- 3. PRERELEASE CODE. The SOFTWARE PRODUCT may contain PRERELEASE CODE that is
- not at the level of performance and compatibility of the final, generally
- available, product offering. These portions of the SOFTWARE PRODUCT may not
- operate correctly and may be substantially modified prior to first commercial
- shipment. ERM is not obligated to make this or any later version of the
- SOFTWARE PRODUCT commercially available
-
- 4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-
- (a) Limitations on Reverse-Engineering, Decompilation, and Disassembly. You
- may not reverse- engineer, decompile, or disassemble the SOFTWARE
- PRODUCT, except and only to the extent that such activity is expressly
- permitted by applicable law notwithstanding this limitation.
-
- (b) Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
-
- (c) Support Services. ERM may provide you with support services related to
- the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is
- governed by the ERM policies and programs described in the user manual,
- in "online" documentation, and/or in other ERM-provided materials. Any
- supplemental software code provided to you as part of the Support
- Services shall be considered part of the SOFTWARE PRODUCT and subject to
- the terms and conditions of this EULA. With respect to technical
- information you provide to ERM as part of the Support Services, ERM may
- use such information for its business purposes, including for product
- support and development. ERM will not utilize such technical information
- in a form that personally identifies you without your prior written
- approval to do so.
-
- (d) Software Transfer. You may permanently transfer all of your rights under
- this EULA, provided you retain no copies, you transfer all of the
- SOFTWARE PRODUCT (including all component parts, the media and printed
- materials, any upgrades, this EULA, and, if applicable, the Certificate
- of Authenticity), and the recipient agrees to the terms of this EULA. If
- the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior
- versions of the SOFTWARE PRODUCT.
-
- (e) Termination. Without prejudice to any other rights, ERM may terminate
- this EULA if you fail to comply with the terms and conditions of this
- EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT
- and all of its component parts.
-
- 5. EXPORT RESTRICTIONS. You agree that you will not export or re-export the
- SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.
- export restrictions. You specifically agree not to export or re-export the
- SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or
- restricted the export of goods or services, which currently include, but are
- not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and
- Syria, or to any national of any such country, wherever located, who intends
- to transmit or transport the products back to such country; (ii) to any end-
- user who you know or has reason to know will utilize the SOFTWARE PRODUCT or
- portion thereof in the design, development or production of nuclear, chemical
- or biological weapons; or (iii) to any end-user who has been prohibited from
- participating in U.S. export transactions by any federal agency of the U.S.
- government.
-
- 6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation
- are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
- Government is subject to restrictions as set forth in subparagraph (c)(1)(ii)
- of The Rights in Technical Data and Computer Software clause at DFARS 252.227-
- 7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -
- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Earth
- Resource Mapping, Inc./4370 La Jolla Village Drive/San Diego, CA 92122.
-
- 7. MISCELLANEOUS
-
- (a) If you acquired this product in the United States, this EULA is governed
- by the laws of the State of California.
-
- (b) If this product was acquired outside the United States, this EULA is
- governed by the laws of the State of Western Australia.
-
- (c) Should you have any questions concerning this EULA, or if you desire to
- contact ERM for any reason, please contact the ERM subsidiary serving
- your country, or write: ECW Developer Support/Earth Resource Mapping,
- Inc./4370 La Jolla Village Drive, San Diego, CA 92122.
-
- (e) No Warranties. ERM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE
- PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED
- "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
- INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK
- ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH
- YOU.
-
- (f) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
- LAW, IN NO EVENT SHALL ERM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
- INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
- WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
- ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
- PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ERM HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ERM'S ENTIRE
- LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE
- GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR
- US$5.00; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A ERM SUPPORT
- SERVICES AGREEMENT, ERM'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES
- SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE
- ABOVE LIMITATION MAY NOT APPLY TO YOU.
-