From f878929b0b39d559f1463410b1ac490f20c2ce82 Mon Sep 17 00:00:00 2001 From: "Nathan.Woodrow" Date: Fri, 7 Mar 2014 15:05:24 +1000 Subject: [PATCH] Add ECW license --- installer/sfx.cfg | 711 ++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 711 insertions(+) diff --git a/installer/sfx.cfg b/installer/sfx.cfg index c6a2a0d83..530cfbd0d 100644 --- a/installer/sfx.cfg +++ b/installer/sfx.cfg @@ -13,6 +13,8 @@ Installer for DMS IntraMaps Roam License=Roam License { + IntraMaps Roam License + GNU GENERAL PUBLIC LICENSE Version 2, June 1991 @@ -20,5 +22,714 @@ License=Roam License 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. + +========================================================================= + +ERDAS ECW/JP2 Desktop Read-Only Redistributable SDK License Agreement + +IMPORTANT - READ CAREFULLY: This ERDAS ECW/JP2 Desktop Read-Only +Redistributable SDK License Agreement ("License Agreement") is a legal +agreement between You (either an individual or a single legal entity) +and Intergraph Corporation d/b/a Security, Government & Infrastructure +Division (``Intergraph''), for the SDK delivered with this License +Agreement. By installing, copying, downloading, accessing or otherwise +using the SDK, You agree to be bound by the terms of this License +Agreement, which shall take precedence over any other document and shall +govern Your use of the SDK. If You do not agree to the terms of this +License Agreement, do not install or use the SDK. You agree that this +License Agreement is enforceable against You the same as any written, +negotiated contract signed by You. If You do not agree to the terms of +this License Agreement, You are not authorized to, and You shall not, +download, install or use the SDK. + + 1. DEFINITIONS + + 1.1. ``Decode'' means to view files compressed either using ECW or +JPEG2000 technology. + + 1.2. ``Desktop Application'' means desktop software products that You +develop and that permit an end-user to Decode (among other functionality +You develop), and that are intended to be used as self-contained +programs for displaying and processing imagery on the same computing +device. + + 1.3. ``ECW'' stands for Enhanced Compressed Wavelet. + + 1.4. ``ECWP'' is the Enhanced Compressed Wavelet Protocol, by which ECW +and JPEG2000 files residing on a Server may be streamed to a Desktop +Application and Decoded using the SDK. + + 1.5. ``Encode'' means to compress data using ECW technology or to +otherwise compress using the SDK. + + 1.6. ``Library'' means file of computing functions, compiled, linked, +and saved separately from the processes that use them, intended for use +by programmers in connection with their development of applications that +use the library. + + 1.7. ``SDK'' means the Software Development Kit, that is, the set of +software development tools designed to facilitate development of Desktop +Applications using the SDK technologies, currently marketed and licensed +by Intergraph as ECW/JP2 Desktop Read-Only Redistributable SDK, version +5.0 or higher, consisting of libraries and supporting documents designed +to enable You to write software that enables You as the end-user to +Decode files but not to Encode files. Among other things, the SDK +enables reading ECWP streams and enables decompression of files having +an *.ecw and *.jp2 extension. The SDK includes the computer software, +object code copy and all contents of the files, disks, CD-ROMs or other +media with which this License Agreement is provided, including any +templates, printed materials, and online or electronic documentation, +all copies, and any modified versions, enhancements, fixes, patches, +updates, and upgrades of the SDK, if any, licensed to You by +Intergraph, unless a particular modified version, enhancement, fix, +patch, update, or upgrade is accompanied by a different license +agreement, in which case that license shall apply in accordance with its +terms. No source code is included with the SDK. + + 1.8. ``Server'' means a computing device in a network that is used to +provide services (such as access to files or shared peripherals or any +other computing function) to other computing devices in the network. + + 1.9. ``Server Application'' means software products that You develop or +maintain and are capable of running on a Server to provide an image +decoding or processing capability. This License Agreement does not +authorize You to use the SDK to create Server Applications. + + 2. LICENSE TO CREATE DESKTOP APPLICATIONS; PROHIBITED DEVELOPMENT; +APPLICABILITY TO UPGRADES; NO SUPPORT OBLIGATION + + 2.1. Subject to Your ongoing compliance with all of the terms of this +License Agreement, You are hereby granted a nonexclusive, limited, +royalty-free license to use the SDK to create, use and distribute a +Desktop Application that Decodes files of any size but does not Encode. +You assume full responsibility for the implementation of the SDK to +achieve Your intended results, and for the installation, use and results +obtained from the SDK. + + 2.2. For avoidance of doubt, this License Agreement does not permit You +to (a) create and distribute Server Applications that include the SDK; +or; (b) distribute files that are not included in the +``redistributables'' directory of the SDK. + + 2.3. This Agreement applies to the original SDK received by You, and to +any bug fixes, updates, upgrades, modifications or enhancements provided +to You by Intergraph, unless a particular bug fix, update, upgrade, +modification or enhancement is accompanied by a different license +agreement, in which case that license shall apply in accordance with its +terms. + + 2.4. This License Agreement does not entitle You to, and Intergraph +undertakes no obligation to provide, maintenance, support, modified +versions, enhancements, fixes, patches, updates, and upgrades to the +SDK. Any support, maintenance or similar services that Intergraph makes +available would be provided under a separate agreement. + + 2.5. You may make one copy of the SDK media in machine readable or +printed form and solely for backup purposes. Intergraph retains +ownership of all created copies. You may not transfer the rights to a +backup copy unless you transfer all rights in the SDK and license as +provided for in Section 2.6. + + 2.6. You may transfer the SDK and license within Your company +(intra-company transfer), subject to the Intergraph Security, Government +& Infrastructure Software Transfer Policy (``SG&I Software Transfer +Policy'') and the terms of this License Agreement. The SG&I Software +Transfer Policy is available from Intergraph upon request. If You +transfer the SDK, You must at the same time either transfer all copies, +modifications, or merged portions, in whatever form, to the same party, +or You must destroy those not transferred + + 3. OBLIGATIONS AND RESTRICTIONS + + 3.1. Obligation to Support Both ECW and ECWP Read. You agree to: (i) +support ECW files within your Desktop Application as well as the reading +of ECWP streams so that each of Your Desktop Applications is capable of +displaying the ECW-format data and receiving streamed, compressed files +that adhere to the ECWP; and (ii) Your Desktop Applications must provide +a means for specifying or selecting an ECWP stream that is consistent +with the means for specifying or selecting other data sources in the +Desktop Application. That is, if You create or distribute Desktop +Applications, each of those Desktop Applications must read ECW data and +ECWP streams and must allow a user to access the ECW data and ECWP +streams conveniently, with no more steps than is typical for access to +other data formats in Your Desktop Application. + + 3.2. No Reverse Engineering or Source Code Distribution. Components of +the SDK used in Desktop Applications may be distributed for use in Your +organization only in object code or executable form. You shall not +decompile, disassemble or otherwise reverse-engineer the SDK in an +attempt to discover its source code, or distribute any source code of +the SDK. Likewise, You must inform Your organizational end-users of the +prohibition from reverse-engineering the SDK. + + 3.3. License Requirements for Desktop Applications Created Using the +SDK. You shall distribute each of Your Desktop Applications to end-users +pursuant to a conspicuous, legally enforceable end-user license that +provides Intergraph with substantially the same protections as set forth +in Appendix A hereto. You agree to take all necessary steps to ensure +the legal enforceability of the end-user license, including, as +appropriate: (i) offering a refund of at least a portion of the purchase +price of Your Desktop Applications to end-users who disagree with the +terms of the end-user license including the terms set forth in Appendix +A; or (ii) preventing downloading of Desktop Applications without +acceptance of the end-user license. You also agree to take adequate +steps to prevent unauthorized use of the SDK or its derivatives by end +users who decline the end-user license offer, such as by disabling +access to Your Desktop Application or preventing access to features made +possible by the SDK, including Encoding or Decoding in Your Desktop +Application. + + 3.4. Intergraph Proprietary Rights Notice. You must include the +following statement of ownership/copyright notice in the ``About'' box +for each of Your Desktop Applications, or any other similar location +where You place proprietary rights notices pertaining to third party +software incorporated in the Desktop Application: + +``This application supports the ECW data format and ECWP compression +protocols. Portions of this computer program are Copyright 2007-2013 +Intergraph Corporation. All rights reserved. Creating compressed files +using ECW technology is protected by one or more of U.S. Patent No. +6,201,897, No. 6,442,298 and No. 6,633,688.'' + + 3.5. Prohibition of other actions not explicitly permitted. You are +not licensed to, and You agree to refrain from, any use, copying, or +distribution of the SDK, or the creation of derivative works thereof, +not explicitly permitted under this License Agreement and will pass on +this prohibition to Your end-users. + + 3.6. High Risk Use. The SDK is not one hundred percent (100%) +fault-tolerant. The SDK is not designed or intended for use in any +situation where failure or fault of any kind of the SDK could lead to +death or serious bodily injury of any person, or to severe physical, +property or environmental damage (``High Risk Use''). You are not +licensed to use the SDK in, or in conjunction with, any High Risk Use. +High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for +example, the following: operation of aircraft or other modes of human +mass transportation, nuclear or chemical facilities, and Class III +medical devices. You hereby agree not to use the SDK in, or in +connection with, any High Risk Use. + + 3.7. Hold Harmless. You shall hold harmless Intergraph from and +against any claims or lawsuits which arise or result from Your use of +the SDK, and/or the use or distribution of any Desktop Applications, +whether authorized under this License Agreement or not. + + 4. TERM AND TERMINATION + + 4.1. Term. The term of this License Agreement commences when you +install or use the SDK, and will extend until terminated. You may +terminate this License Agreement at any time by permanently destroying +the SDK together with all copies, modifications and merged portions in +any form. Intergraph may also immediately terminate this License +Agreement if You fail to comply with the terms and conditions of this +License Agreement, or if You fail to pay the appropriate license fees. +You agree upon the termination of this License Agreement to cease using +and to permanently destroy the SDK. + + 4.2. Termination for Breach. If You materially breach this License +Agreement and fail to cure that breach to Intergraph's satisfaction +within thirty (30) days after receiving written notice of the breach, +Intergraph shall have the right to terminate this License Agreement any +time after the end of such period. Termination shall be without +prejudice to Intergraph's right to seek other redress, such as damages +or injunctive relief, for breach of this License Agreement. + + 4.3. Survival Provisions. Notwithstanding termination of this License +Agreement, Intergraph shall enjoy freedom from liability under Section +8; and Your liabilities for past breaches and Your hold harmless +obligations under Section 3.7 shall also survive. + + 4.4. Obligations Upon Termination. Upon termination of this License +Agreement, all licenses shall terminate and You must return to +Intergraph or destroy all copies of the SDK (and any copies, +modifications and merged portions of the SDK in any form, and all of the +component parts of the SDK) that are in Your possession, custody, or +control. + + 5. INTELLECTUAL PROPERTY. + + 5.1 Ownership. + +5.1.1 Software. SDKS ARE PROPRIETARY PRODUCTS OF INTERGRAPH AND +ADDITIONAL THIRD PARTIES, AND ARE PROTECTED BY COPYRIGHT LAWS AND +INTERNATIONAL TREATIES. TITLE TO SDKS AND ALL COPIES, MODIFICATIONS AND +MERGED PORTIONS OF A SDKS SHALL AT ALL TIMES REMAIN WITH INTERGRAPH AND +SUCH THIRD PARTIES. SDKs are licensed, not sold pursuant to this +License Agreement. Intergraph and additional third parties retain all +right, title and interest in and to all SDKs, including, but not limited +to, all Intellectual Property rights in and to each SDK. All rights not +expressly granted to You by this License Agreement or other applicable +third party software license agreement or terms and conditions are +reserved by Intergraph and such third parties. + +5.1.2 Intellectual Property. You acknowledge and agree that Intergraph +and third party manufacturers, as applicable, own all rights in and to +Intergraph's and the applicable third party manufacturer's trade names, +and no right or license is granted to You pursuant to this License +Agreement to use such trade names. You also acknowledge and agree that +Intergraph and third party manufacturers, as applicable, own all right, +title and interest in and to all intellectual property relating to and +for the SDK, including, without limitation, patents, trademarks, +copyrights, inventions (whether registerable or not), trade secrets, +concepts, ideas, methods, techniques, formulae, algorithms, logic +designs, screen displays, schematics, and source and object code +computer programs (collectively, ``Intellectual Property''). If You +bring a patent claim against Intergraph or any third party manufacturer +over patents You claim are being infringed by the SDK, Your patent +license from Intergraph and any applicable third party manufacturer(s) +for the SDK automatically ends. + +5.2 Intellectual Property Infringement. + +5.2.1 Remedy by Intergraph. In the event the SDK is, in Intergraph's +opinion, likely to or becomes the subject of a claim of infringement of +any duly issued U.S. Intellectual Property, Intergraph may, at its sole +option and expense (a) procure for You the right to continue using the +SDK; (b) modify the SDK to make it non-infringing, but functionally the +same; (c) replace the SDK with an SDK which is non-infringing, but +functionally the same; or (d) provide a prorated refund to You of the +actual amount You paid Intergraph for the SDK. + +5.2.2 Indemnification by You. In the event any proceeding (suit, claim, +or action) is based (in whole or in part) on modifications, enhancements +or additions made by You or any person or entity on Your behalf, or Your +use of the SDK in combination with other products not furnished by +Intergraph, You agree to hold harmless and defend, at your sole cost and +expense, all of Intergraph's right, title and interest in and to the +SDK, as well as Intergraph's goodwill and reputation both in good faith +and at a standard as if the claim is made against You. You shall +reimburse Intergraph any defense expenses inclusive of reasonable +attorneys' fees expended by Intergraph in defense of said claim, and pay +any judgment rendered against Intergraph. You shall make such defense by +counsel of Your choosing and Intergraph shall reasonably cooperate with +said counsel at Your sole cost and expense. You shall have sole control +of said defense, but You shall allow Intergraph to reasonably +participate in its own defense and You shall reasonably cooperate with +Intergraph with respect to the settlement of any claim. Notwithstanding +the foregoing, Intergraph may at any time decide to take over any +defense of Intergraph at Intergraph's cost and expense and You shall +render full cooperation and assistance to transfer such defense to +Intergraph and with respect to such defense. + +5.3 DISCLAIMER OF INTELLECTUAL PROPERTY WARRANTIES AND LIMITATION OF +LIABILITY. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES SET FORTH IN +THIS LICENSE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR +IMPLIED, RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT AND THESE +INTELLECTUAL PROPERTY LIMITED WARRANTIES ALONG WITH THE STATED REMEDIES +REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND LIABILITY OF +INTERGRAPH WITH REGARD TO INTELLECTUAL PROPERTY INFRINGEMENT. THE +INTELLECTUAL PROPERTY LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL +RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO +JURISDICTION. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED +WARRANTIES OR LIMITATION OF LIABILITY IS RULED INVALID, THEN INTERGRAPH +DISCLAIMS EXPRESS OR IMPLIED WARRANTIES AND LIMITS ITS LIABILITY TO THE +MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR +LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS +AGREEMENT, THEN INTERGRAPH WARRANTS THE SDK AND PROVIDES LIABILITY TO +THE MINIMUM EXTENT REQUIRED BY SAID LAW. + + 6. LIMITED WARRANTIES. + +6.1 Intergraph warrants to You for a period of thirty (30) days from the +date of shipment that the SDK delivery media will be free of defects in +material and workmanship, provided the SDK is used under normal +conditions and in strict accordance with the terms and conditions of +this License Agreement. You agree to promptly notify Intergraph of any +unauthorized use, repair or modification, or misuse of the SDK, as well +as any suspected defect in the SDK delivery media. + +6.2 Intergraph warrants that it has the right to grant you this license. + +6.3 THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, +EXPRESS OR IMPLIED, AND REPRESENT THE FULL WARRANTY OBLIGATION OF +INTERGRAPH. THE LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL +RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO +JURISDICTION. IF THIS WARRANTY SECTION DOES NOT ADHERE TO LOCAL LAWS, +THEN THE MINIMUM WARRANTY TERM PRESCRIBED BY THE LAWS OF YOUR +JURISDICTION SHALL APPLY. + + 7. WARRANTY DISCLAIMERS. + +ALL WARRANTIES PROVIDED PURSUANT TO THIS LICENSE AGREEMENT ARE VOID IF +FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN +UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT +LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS +OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO +ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN +THIS LICENSE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE +LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER +EXPRESS OR IMPLIED, RELATING TO THE SDK, INCLUDING, BUT NOT LIMITED TO, +IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, +HIGH RISK USE AND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT +THE SDK WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES +INTERGRAPH WARRANT THAT THE SDK WILL OPERATE UNINTERRUPTED OR ERROR +FREE. THE SDK IS PROVIDED ``AS IS'' AND YOU BEAR THE SOLE RISK OF USING +THE SDK. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES +IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED +WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER +WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO +THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SDK AND PROVIDES LIABILITY +TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. + + 8. LIMITATION OF LIABILITY. + +8.1 YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR USE OF THE SDK. TO +THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL +INTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, +INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, +WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF +REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS +INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS) +ARISING OUT OF THIS AGREEMENT AND/OR THE USE OF OR INABILITY TO USE THE +SDK, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH +DAMAGES. INTERGRAPH'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION +WITH THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID +BY YOU TO INTERGRAPH FOR THE SDK AT THE TIME THE INITIAL EVENT GIVING +RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE +LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS +LICENSE AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING +THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME +JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE +ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS +HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT +ALLOWED BY APPLICABLE LAW. + +8.1 In the event the SDK does not substantially comply with the limited +warranties set forth in this License Agreement, Intergraph's entire +liability and Your exclusive remedy shall be, in Intergraph's sole and +absolute discretion, either (i) the modification, repair or replacement +of the SDK; or (ii) a prorated refund to You of the actual amount You +paid Intergraph for the SDK for the period of time that the SDK did not +substantially conform to the limited warranties set forth in this +License Agreement. + +8.2 Intergraph is acting on behalf of its suppliers for the sole purpose +of disclaiming, excluding and/or limiting obligations, warranties and +liability as provided in this License Agreement, but in no other +respects and for no other purpose. + + 9. AUDIT. + +Intergraph shall have the right, during Your normal business hours, to +audit Your use of the SDK and Your compliance with the provisions of +this License Agreement. Intergraph will provide You with thirty (30) +days prior written notice of an audit. The right of audit shall be +limited to twice per calendar year. Prior to the start of an audit, +Intergraph's personnel will sign a reasonable non-disclosure agreement. +During the audit, You shall allow Intergraph's personnel to be provided +reasonable access to both Your records and personnel. The cost of the +audit shall be paid by Intergraph unless the results of the audit +indicate that You have underpaid fees to Intergraph, in which case, You +agree to promptly pay Intergraph any differences in such fees associated +with your use that exceeds the license rights granted to you by the +License Agreement, and You further agree to bear all costs associated +with the audit. + + 10. RESTRICTIONS. + +10.1 United States Government Restricted Rights. If the SDK is +licensed, purchased, or obtained, directly or indirectly, by or on +behalf of a unit or agency of the United States Government, then this +Section 10.1 also applies. + +10.1.1 For civilian agencies: The SDK was developed at private expense +and is ``restricted computer software'' submitted with restricted rights +in accordance with the Federal Acquisition Regulations (``FAR'') +52.227-19 (a) through (d) (Commercial Computer Software - Restricted +Rights). + +10.1.2 For units of the Department of Defense: The SDK was developed at +private expense and is ``commercial computer software'' submitted with +restricted rights in accordance with the Defense Federal Acquisition +Regulations (``DFARS'') DFARS 227.7202-3 (Rights in commercial computer +software or commercial computer software documentation). + +10.1.3 Notice: This SDK is ``commercial computer software'' as defined +in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and +FAR 12.212 (Computer Software), which includes ``technical data'' as +defined in DFARS 252.227-7015 (Technical Data) and FAR 12.211 (Technical +Data). All use, modification, reproduction, release, performance, +display or disclosure of this ``commercial computer software'' shall be +in strict accordance with the manufacturer's standard commercial +license, which is attached to and incorporated into the governing +Government contract. Intergraph and any applicable third party software +manufacturer(s) are the manufacturer. This SDK is unpublished and all +rights are reserved under the Copyright Laws of the United States. + + 10.2. Export Restriction. + + 10.2.1. This SDK, including any technical data related to this SDK, is +subject to the export control laws and regulations of the United States. +Diversion contrary to United States law is prohibited. This SDK, +including any technical data related to this SDK and any derivatives of +this SDK, shall not be exported or re-exported, directly or indirectly +(including via remote access), under the following circumstances: + +10.2.1.1 To Cuba, Iran, North Korea, Sudan, or Syria, or any national of +these countries. + +10.2.1.2 To any person or entity listed on any United States government +denial list, including, but not limited to, the United States Department +of Commerce Denied Persons, Entities, and Unverified Lists +(www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the United +States Department of Treasury Specially Designated Nationals List +(www.treas.gov/offices/enforcement/ofac/), and the United States +Department of State Debarred List +(http://www.pmddtc.state.gov/compliance/debar.html). + +10.2.1.3 To any entity if you know, or have reason to know, the end use +is related to the design, development, production, or use of missiles, +chemical, biological, or nuclear weapons, or other unsafeguarded or +sensitive nuclear uses. + +10.2.1.4 To any entity if you know, or have reason to know, that an +illegal reshipment will take place. + +10.2.2 If the SDK you received is identified on the media as being +ITAR-controlled, this SDK has been determined to be a defense article +subject to the U.S. International Traffic in Arms Regulations (ITAR). +Export of this SDK from the United States must be covered by a license +issued by the Directorate of Defense Trade Controls (DDTC) of the U.S. +Department of State or by an ITAR license exemption. This SDK may not +be resold, diverted, or transferred to any country or any end user, or +used in any country or by any end user other than as authorized by the +existing license or ITAR exemption. Subject to the terms of this +License Agreement, this SDK may be used in other countries or by other +end users if prior written approval of DDTC is obtained. + +10.2.3 You agree to hold harmless and indemnify Intergraph for any +causes of actions, claims, costs, expenses and/or damages resulting to +Intergraph from a breach by you or any User of the export restrictions +set forth in this License Agreement. Any questions regarding export or +re-export of the SDK or concerning ITAR restrictions, if applicable, +should be addressed to Intergraph's Export Compliance Department at 19 +Interpro Road, Madison, Alabama, United States 35758 or at +exportcompliance@intergraph.com. + +10.3 Non-disclosure. You understand that Intergraph possesses +information and data, including, without limitation, Intellectual +Property, that was developed, created or discovered by Intergraph, or +which has become known to or has been conveyed to Intergraph, which has +commercial value in Intergraph's day-to-day business (``Confidential +Information''). Intergraph considers such Confidential Information to be +proprietary and confidential. You agree to treat and maintain as +proprietary and confidential Intergraph's Confidential Information and +any information or data provided by Intergraph, in whatever form, as You +would treat Your own proprietary and confidential information and data, +but in any event, no less than with reasonable care, and to comply with +all license requirements, copyright, patent, trademark and trade secret +laws as they may pertain to any of Intergraph's Confidential Information +or other information or data provided by Intergraph + + 11. BETA SOFTWARE + +If the SDK You received with this License Agreement is pre-commercial +release or beta software (``Beta Software''), then the following +additional terms apply. To the extent that any provision in this +section is in conflict with any other terms or conditions in this +License Agreement, this section shall supersede such other terms and +conditions with respect to the Beta Software, but only to the extent +necessary to resolve the conflict. You shall hold all information +concerning Beta Software and Your use and evaluation of such information +and the Beta Software (collectively, ``Beta Software Information'') in +confidence and with the same degree of care You use to keep Your own +similar information confidential, but in no event shall You use less +than a reasonable degree of care; and You shall not, without the prior +written consent of Intergraph, disclose such Beta Software Information +to any person or entity for any reason at any time; provided, however, +it is understood that You may disclose any Beta Software Information to +those of Your representatives who actually need such information for the +purpose of participating in the proposed evaluation and testing (``Beta +Testing'') of the Beta Software, on the condition that, prior to such +disclosure, such representative has been made aware of the terms of this +License Agreement. You shall not use any Beta Software Information for +any reason or purpose other than as necessary for Beta Testing. You +agree to make no other use of the Beta Software Information or to +incorporate any Beta Software Information into any work or product. You +acknowledge that the Beta Software is a pre-release, beta version, does +not represent final product from Intergraph, and may contain bugs, +errors and other problems that could cause system or other failures and +data loss. THE BETA SOFTWARE IS PROVIDED TO YOU ``AS-IS'', AND +INTERGRAPH DISCLAIMS ALL WARRANTY AND LIABILITY OBLIGATIONS TO YOU OF +ANY KIND. You may use the Beta Software only for evaluation and testing +and not for general production use. You acknowledge that Intergraph has +not promised or guaranteed to you that Beta Software or any portion +thereof will be announced or made available to anyone in the future, +Intergraph has no express or implied obligation to You to announce or +introduce the Beta Software and that Intergraph may not introduce a +product similar to or compatible with the Beta Software. Accordingly, +You acknowledge that any research or development that You perform +regarding the Beta Software or any product associated with the Beta +Software is done entirely at Your own risk. During the term of this +License Agreement, if requested by Intergraph, You will provide feedback +to Intergraph regarding Beta Testing, including error or bug reports. +Upon receipt of a later unreleased version of Beta Software or release +by Intergraph of a publicly released commercial version of the SDK, You +agree to return or permanently destroy all earlier Beta Software +received from Intergraph. You agree that You will return or destroy all +unreleased versions of the Beta Software within thirty (30) days of the +completion of Beta Testing when such date is earlier than the date for +Intergraph's first commercial shipment of the publicly released +commercial software. + + 12. MISCELLANEOUS + + 12.1. Governing Law; Venue and Jurisdiction. This License Agreement +shall for all purposes be construed and enforced under and in accordance +with the Laws of the State of Alabama and shall have been deemed to have +been accepted in Madison, Alabama, United States. You and Intergraph +agree that any legal action or proceeding arising, directly or +indirectly, out of or relating to this License Agreement shall be +instituted in the Circuit Court for Madison County, Alabama, United +States or the United States District Court for the Northern District of +Alabama, Northeastern Division. You and Intergraph agree to submit to +the jurisdiction of and agree that venue is proper in these courts for +any such legal action or proceedings. This License Agreement shall not +be governed by the conflict of law rules of any jurisdiction or the +United Nations Convention on Contracts for the International Sale of +Goods, the application of which is expressly excluded. + + 12.2. Waiver of Jury Trial. Intergraph and you Each hereby waive, to +the fullest extent permitted by applicable law, any right either may +have to a trial by jury for any legal proceeding arising, directly or +indirectly, out of or relating to this eula. Both intergraph and you +(I) certify that no representative, agent or attorney of any other Party +has represented, expressly or otherwise, that such other Party would +not, in the event of litigation, seek to enforce the foregoing waiver; +and (II) acknowledge that both intergraph and you have been induced to +enter into this LICENSE AGREEMENT by, among other things, the mutual +waivers and certifications in this waiver of jury trial. + + 12.3. Injunctive Relief; Cumulative Remedies. In addition to the +termination right set forth above, You acknowledge that Intergraph will +be irreparably harmed if You breach this License Agreement or infringe +or otherwise violate the intellectual property rights of Intergraph, +that damages or other remedies at law would be inadequate, and that +Intergraph shall be entitled to equitable relief, including temporary +restraining orders and preliminary and permanent injunctive relief +against any such breach or violation, without any requirement of bond or +other security. + + 12.4. Attorneys' Fees and Costs. In the event of any legal proceeding +arising out of or relating to this License Agreement, the prevailing +party in such action shall be entitled to an award of its reasonable +attorneys' fees and costs for all such legal proceedings, including for +trial and all levels of appeal. + + 12.5. Governing Language. The controlling language of this License +Agreement is English. If you received a translation of this License +Agreement into another language, it has been provided for your +convenience only. + + 12.6. Entire Agreement. This License Agreement sets forth the entire +agreement and understanding of the parties relating to the subject +matter herein and merges all prior discussion(s) between them. No +modification of or amendment to this License Agreement, nor any waiver +of any rights under this License Agreement, will be effective unless set +forth in writing signed by officers of both parties hereto. + + 12.7. Notices. Any notice to Intergraph required or permitted by this +License Agreement shall be in writing and either delivered by hand or +sent by prepaid, registered or certified mail, return receipt requested, +or by nationally recognized overnight courier service, addressed to +Intergraph Corporation, attention: SG&I Senior Divisional Counsel, 19 +Interpro Road, Madison, AL 35758, USA. + + 12.8. Assignment and Binding Effect. You may not transfer or assign +Your rights or obligations under this License Agreement without the +prior written consent of Intergraph. This License Agreement will be +binding upon and inure to the benefit of the parties hereto, and to +Intergraph's successors and assigns and Your permitted successor and +assigns, if any. + + 12.9. Partial Invalidity. If any provision of this License Agreement is +held to be invalid by a court of competent jurisdiction, then the +remaining provisions will nevertheless remain in full force and effect. + + 12.10. No Waiver. No waiver of any term or condition of this License +Agreement will be valid or binding on either party unless the same will +have been mutually assented to in writing by an officer of both parties. +Intergraph's decision at any time to refrain from enforcing any of the +provisions of the License Agreement, or the failure to require at any +time performance by You of any of the provisions of this License +Agreement, will in no way be construed to be a present or future waiver +of such provisions, nor in any way affect the validity of an effort by +Intergraph to enforce each and every such provision thereafter. + + 12.11. Interpretation. Headings are provided for convenience but are +not part of this License Agreement. Words in the plural have the same +meaning as words in the singular, except multiplied. Defined conjugate +verbs have the same meaning as the defined derivative, modified as +appropriate in context. (For example, Decoding has similar meaning to +the defined term Decode.) + + + +APPENDIX A + +Required EULA Terms for ERDAS ECW/JP2 Desktop Read-Only Redistributable +SDK Desktop Applications + + + +You shall distribute the Desktop Application to end users with an End +User License Agreement ("EULA") in a manner that forms a contract +binding the end user to the EULA terms under applicable law. You shall +provide clear notice to end users before or at the time of delivery of +the Desktop Application that the Desktop Application contains technology +owned by Intergraph. You may include in the EULA additional notices or +other provisions, so long as they are no less protective of Intergraph +than the terms set forth below. + + + +The EULA shall contain the following terms or legally equivalent terms, +where ``You'' refers to Your end-user: + + You have acquired a product ("Product") that includes software +licensed from Intergraph Corporation (``Intergraph''). Those installed +software products of Intergraph origin, as well as any associated media, +printed materials, and "online" or electronic documentation ("Software) +are protected by copyright laws and international copyright treaties. +The Software is licensed, not sold. + + If You do not agree to this End User License Agreement ("EULA"), do +not use [or download] the Product. If you have paid consideration in +return for authorization to use the Product, promptly contact the person +from whom You received this Product for instructions on return of the +unused Product(s) for a refund. Any use of the Software, including but +not limited to use of the Product, will constitute Your agreement to +this EULA (or ratification of any previous consent). + + NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND +WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE +AND ACCURACY IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST +INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST +INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE PRODUCT +OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT +BINDING ON, INTERGRAPH. + + NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, +INTERGRAPH SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, +CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH +THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN +IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. + + Prohibition of Reverse Engineering, Decompilation and Disassembly. +You may not reverse engineer, decompile, or disassemble the Software or +modifying the Enhanced Compressed Wavelet (``ECW'')file format in any +manner. + + Export Restrictions. You acknowledge that the Software, or any part +thereof, or any process or service that is the direct product of the +Software is of U.S. origin. You agree to comply with all +applicable international and national laws that apply to these products, +including the U.S. Export Administration Regulations, as well as +end-user, end-use and destination restrictions and embargoes issued by + U.S. and other governments having jurisdiction. + + + +ECW/JP2 Desktop Read-Only Redistributable SDK v5.0 052013 }