--- Begin Message ---
Package: wnpp
Severity: wishlist
* Package name : libecw
Version : 3.1
Upstream Author : Earth Resource Mapping
* URL : http://www.ermapper.com/
* License : GPLish - dfsg free? [1]
Description : Library for Enhanced Compressed Wavelet(ECW) and JPEG 2000
image I/O
Provides read/decompression and write/compression for the ECW and JPEG 2000
wavelet based
image formats, works at high-speed with a very low memory footprint, and
handles input
and output of geographical metadata in three formats: embedded GML, embedded
GeoTIFF UUID
box, and six-value world file.
[1]
EARTH RESOURCE MAPPING
ECW SDK LICENSE AGREEMENTS
There are three styles of ECW SDK license agreement.
Use of the ECW SDK with Unlimited Decompressing and Limited Compressor (Less
than 500MB) for use in any commercial or free application is
governed by the "ECW SDK FREE USE LICENSE AGREEMENT."
Use of the ECW SDK with Unlimited Decompressing and Unlimited Compression for
applications licensed under a GNU General Public style
license ("GPL") is governed by the "ECW SDK PUBLIC USE LICENSE AGREEMENT".
Use of the ECW SDK with Unlimited Decompressing and Unlimited Compressing for
commercial applications is governed by the "ECW SDK
COMMERCIAL USE LICENSE AGREEMENT".
For use of the ECW SDK in applications that are outside of the terms of these
agreements, including server-side applications, please
contact Earth Resource Mapping Limited, 87 Colin Street, West Perth, Western
Australia 6005. Tel +61 8 9388 2900; Fax +61 8 9388 2901;
email: [EMAIL PROTECTED]
ECW SDK FREE USE LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Earth Resource Mapping Limited ("ERM") End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and ERM for the ECW SDK software
product under this Free Use License Agreement , 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.
The intent of this license is to allow unlimited decompression and limited
compression (500MB per image) of ECW images within free or
commercial applications.
The Software Product is protected by patents, copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. The Software Product is licensed, not sold. Rights to use
patents, including ERM's large DWT and streaming imagery
patents, are given only for use with the ECW SDK and not for other uses.
Granted Rights
1) GRANT OF LICENSE. This EULA grants you the following limited,
non-exclusive rights:
a) Software Product. You may install and use the enclosed ECW SDK with
Unlimited Decompression and Limited Compression (Less than
500MB) SOFTWARE PRODUCT to design, develop, and test software application
products for use with the Enhanced Compression Wavelet image
technology. Software application products that can be build using this
Software Product come under one or more of the following three (3)
types: (1) "Server Software" that provides services or functionality on a
computer acting as a server (and, the computer running the Server
Software shall be referred to as the "Server"); (2) "Client Software" that
allows a computer, workstation, terminal, handheld PC, pager,
telephone, "smart phone," or other electronic device (each of the foregoing a
"Device") to access or utilize the services or functionality
provided by Server Software or provide other functionality and; (3) "Software
Development Kits" (SDK's) which are software products similar
in intent to this software product.
b) You may install and use an unlimited number of copies of the ECW
Runtime, which consists of files contained in the "runtime"
directory for use in "Client Software". You may reproduce and distribute an
unlimited number of copies of the ECW Runtime for use in
"Client Software"; 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. You may not use
Software Product for development or distribution of "Server
Software".
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. You are not permitted to
change the ECW file format.
2) 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 (i) you distribute the REDISTRIBUTABLE
COMPONENTS only in conjunction with, and as a part of, your Application; (ii)
your Application adds significant and primary functionality
to the REDISTRIBUTABLE COMPONENTS; (iii) any distribution of the ECW Runtime
includes each and every runtime file distributed as a single
set; (iv) you do not permit further redistribution of the REDISTRIBUTABLE
COMPONENTS by your end-user customers (v) you do not use ERM's
name, logo, or trademarks to market your Application without prior approval by
ERM in writing; (vi) you include a valid copyright notice on
your Application; and (vii) 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.
3) 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.
4) 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.
5) SUPPORT SERVICES Support Services as described here are
optional. Licensee may join the ERM Developer Network for a fee.
Other than this service, ERM provides no technical support as part of this
license.
6) U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the US 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 Limited.
7) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a) Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
b) 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.
c) 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.
d) 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.
e) 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.
f) This Agreement may only be modified in writing signed by authorized
representatives of ERM. All terms of any purchase order or
other ordering document shall be superseded by this Agreement. If any provision
of the Agreement is found void or unenforceable, the
remainder will remain valid and enforceable according to its terms. If any
remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in
this Agreement shall remain in effect.
g) This Agreement shall be construed, interpreted and governed by the laws
of Western Australia.
h) ERM reserves all rights not specifically granted in this Agreement.
ECW SDK PUBLIC USE LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Earth Resource Mapping Limited ("ERM") End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and ERM for the ERM ECW SDK software
product under this Public Use License Agreement, 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.
The intent of this license is to establish freedom to share and change the
software regulated by this license under the open source model
and is applicable to the use of the ECW SDK with Unlimited Decompressing and
Unlimited Compression for applications licensed under a GNU
General Public style license ("GPL") as set out below.
This license applies to any use of the Software Product solely intended to
develop or be distributed with products that are licensed under
a license similar to a General Public License ("GPL") and at no charge to the
public. This license covers modification and distribution of
the Software, use of third-party application programs based on the Software,
and development of free software that uses the Software.
The Software Product is protected by patents, copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. The Software Product is licensed, not sold. Rights to use
patents, including ERM's large DWT and streaming imagery
patents, are given only for use with the ECW SDK and not for other uses.
Granted Rights
1) GRANT OF LICENSE. This EULA grants you the following limited,
non-exclusive rights, provided you agree to and comply with any and
all conditions in this license. Whole or partial distribution of the Software,
or software items that link with the Software, in any form
signifies acceptance of this license.
a) You may copy and distribute the Software in unmodified form provided
that the entire package, including - but not restricted to -
copyright, trademark notices and disclaimers, as released by the initial
developer of the Software, is distributed.
b) You may make modifications to the Software and distribute your
modifications, in a form that is separate from the Software, such as
patches. The following restrictions apply to modifications:
i) Modifications must not alter or remove any copyright notices in the
Software.
ii) When modifications to the Software are released under this license, a
non-exclusive royalty-free right is granted to the initial
developer of the Software to distribute your modification in future versions of
the Software provided such versions remain available under
these terms in addition to any other license(s) of the initial developer.
iii) You are not permitted to change the ECW file format.
iv) You are not permitted to use Software Product for development or
distribution of "Server Software" that provides services or
functionality on a computer acting as a server.
c) You may distribute machine-executable forms of the Software or
machine-executable forms of modified versions of the Software,
provided that you meet these restrictions:
i) You must include this license document in the distribution.
ii) You must ensure that all recipients of the machine-executable forms are
also able to receive the complete machine-readable source
code to the distributed Software, including all modifications, without any
charge beyond the costs of data transfer, and place prominent
notices in the distribution explaining this.
iii) You must ensure that all modifications included in the
machine-executable forms are available under the terms of this license.
d) You may use the original or modified versions of the Software to
compile, link and run application programs legally developed by
you or by others.
e) You may develop application programs, reusable components and other
software items that link with the original or modified versions
of the Software. These items, when distributed, are subject to the following
requirements:
i) You must ensure that all recipients of machine-executable forms of
these items are also able to receive and use the complete
machine-readable source code to the items without any charge beyond the costs
of data transfer.
ii) You must explicitly license all recipients of your items to use and
re-distribute original and modified versions of the items in
both machine-executable and source code forms. The recipients must be able to
do so without any charges whatsoever, and they must be able
to re-distribute to anyone they choose.
iii) If the items are not available to the general public, and the initial
developer of the Software requests a copy of the items, then
you must supply one.
2) SUPPORT AND UPDATES.
Licensee is optionally entitled to join the ERM Developer Network for a fee.
Other than this service, ERM provides no technical support as
part of this license.
3) U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the US 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 Limited.
4) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a) Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
b) 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.
c) 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.
d) 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.
e) 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.
f) This Agreement may only be modified in writing signed by authorized
representatives of ERM. All terms of any purchase order or
other ordering document shall be superseded by this Agreement. If any provision
of the Agreement is found void or unenforceable, the
remainder will remain valid and enforceable according to its terms. If any
remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in
this Agreement shall remain in effect.
g) This Agreement shall be construed, interpreted and governed by the laws
of Western Australia.
h) ERM reserves all rights not specifically granted in this Agreement.
ECW SDK COMMERCIAL USE LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This ERM End-User License Agreement ("Agreement") is
a legal agreement between you (either an individual or a
legal entity) ("Licensee") and Earth Resource Mapping Limited ("ERM") for the
ERM ECW SDK software product under this Commercial Use
License Agreement, which includes computer software and may include "online" or
electronic documentation, associated media, and printed
materials, including the source code, example programs and the documentation
("Software Product").
By installing, copying, or otherwise using the Software Product, Licensee
agrees to be bound by the terms of this Agreement. If Licensee
does not agree to the terms of this Agreement, Licensee may not install, copy,
or otherwise use the Software Product; Licensee may,
however, return it to Licensee's place of purchase for a full refund. In
addition, by installing, copying, or otherwise using any updates
or other components of the Software Product that Licensee receives separately
as part of the Software Product ("Updates"),
The intent of this license is to establish commercial rights to the use of the
ECW SDK with Unlimited Decompressing and Unlimited
Compressing.
Licensee agrees to be bound by any additional license terms that accompany such
Updates. If Licensee does not agree to the additional
license terms that accompany such Updates, Licensee may not install, copy, or
otherwise use such Updates.
Upon Licensee's acceptance of the terms and conditions of this Agreement, ERM
grants Licensee the right to use the Software Product in the
manner provided below.
The Software Product is protected by patents, copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. The Software Product is licensed, not sold. Rights to use
patents, including ERM's large DWT and streaming imagery
patents, are given only for use with the ECW SDK and not for other uses.
Granted Rights
1) GRANT OF LICENSE. This EULA grants you the following limited,
non-exclusive rights, provided you agree to and comply with any and
all conditions in this license. Installation of the Software, whole or partial
distribution of the Software, or software items that link
with the Software, in any form signifies acceptance of this license.
a) In return for a one-off License fee (see ERMs current price list), ERM
grants to Licensee as an individual a personal,
nonexclusive, non-transferable license to make and use copies of the Software
Product for the sole purposes of designing, developing, and
testing Licensee's software product(s) ("Applications"). Applications are
defined as one or more of the following three (3) types: (1)
"Server Software" that provides services or functionality on a computer acting
as a server (and the computer running the Server Software
shall be referred to as the "Server"); (2) "Client Software" that allows a
computer, workstation, terminal, handheld PC, pager, telephone,
"smart phone," or other electronic device (each of the foregoing a "Device") to
access or utilize the services or functionality provided by
Server Software or provide other functionality and; (3) "Software Development
Kits" (SDK's) which are software product similar in intent to
this software product.
b) Licensee may install copies of the Software Product on an unlimited
number of computers provided that Licensee is the only
individual using the Software Product. If Licensee is an entity, ERM grants
Licensee the right to designate one, and only one, individual
within Licensee's organization who shall have the sole right to use the
Software Product in the manner provided above. Licensee may at any
time, but not more frequently that once every six (6) months, designate another
individual to replace the current designated user by
notifying ERM, so long as there is no more than one designated user at any
given time.
c) The Software Product may provide links to third party libraries or code
(collectively "Third Party Libraries") to implement various
functions. Third Party Libraries are not prepared by or owned by ERM, and do
not comprise part of the Software Product. In some cases,
access to Third Party Libraries may be included along with the Software Product
delivery as a convenience for development and testing only.
Licensee acknowledges (1) that some Third Party Libraries may require
additional licensing of copyright and patents from the owners of
such, and (2) that distribution of any of the Software Product referencing any
portion of a Third Party Library may require appropriate
licensing from such third parties and, in the event that such licensing is not
granted, may result in the removal of such Third Party
Library from the Software Product.
2) GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES
ERM grants Licensee a nonexclusive right to reproduce and distribute the ECW
Runtime and Sample Code as contained in the "examples"
directory ("Redistributables") for execution on any operating System. Copies of
Redistributables may only be distributed with and for the
sole purpose of executing Applications permitted under this Agreement that
Licensee has created using the Software Product.
Under no circumstances may any copies of Redistributables be distributed
separately.
The license granted in this Agreement for Licensee to create Applications and
distribute them and the Redistributables (if any) to
Licensee's customers is subject to all of the following conditions:
a) all copies of the Applications Licensee creates must bear a valid
copyright notice, either Licensee's own or the copyright notice
that appears on the Software Product;
b) Licensee may not remove or alter any copyright, trademark or other
proprietary rights notice contained in any portion of the
Software Product;
c) Redistributables, if any, shall be licensed to Licensee's customer "as
is";
d) Licensee will indemnify and hold ERM, its related companies and its
suppliers, harmless from and against any claims or liabilities
arising out of the use, reproduction or distribution of Applications;
e) The parts of the Applications that are developed using the Software
Product must be developed using a licensed, registered copy of
the Software Product;
f) If Applications support ECW Viewing/Decompression they must fully
support the ECWP protocol;
g) Licensee is not permitted to change the ECW file format;
h) Applications must add primary and substantial functionality to the
Software Product;
i) Applications may not pass on functionality which in any way makes it
possible for others to create software with the Software
Product;
i) Applications other than Client Software may not be distributed without
the prior agreement of ERM and will be the subject of a
separate licensing agreement. Licensee may not use Software Product for
development or distribution of "Server Software".
j) Licensee may not use ERM's or any of its suppliers' names, logos, or
trademarks to market Application, except to state that
Application was developed using the Software Product;
k) Where Redistributables are supplied to a third party as part of client
software they must be statically linked to the NCSECWCU.LIB
static link library in the "lib" Directory.
3) SUPPORT AND UPDATES
Licensee is required to join the ERM Developer Network at an initial cost of
US$7,400. Subsequent annual renewal of membership of the ERM
Developer Network is optional, at an annual renewal fee of US$7,400. Other
than this service, ERM provides no technical support as part of
this license.
4) U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the US 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 Limited.
5) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a) Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
b) 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.
c) 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.
d) 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.
e) 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.
f) This Agreement may only be modified in writing signed by authorized
representatives of ERM. All terms of any purchase order or
other ordering document shall be superseded by this Agreement. If any provision
of the Agreement is found void or unenforceable, the
remainder will remain valid and enforceable according to its terms. If any
remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in
this Agreement shall remain in effect.
g) This Agreement shall be construed, interpreted and governed by the laws
of Western Australia.
h) ERM reserves all rights not specifically granted in this Agreement.
-- System Information:
Debian Release: 3.1
APT prefers testing
APT policy: (990, 'testing'), (500, 'unstable')
Architecture: i386 (i686)
Kernel: Linux 2.6.8-2-k7
Locale: LANG=C, LC_CTYPE=C (charmap=ANSI_X3.4-1968)
--- End Message ---
