First and foremost, there is _no_ license issue here. We have two licenses, to
which terms we have to agree and act.
ECW SDK license (note: version 3.3):
For everyone unsure i attached the license of the ecw code used to this email.
Our use case is the first license in there:
-->
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited
Compression for applications licensed under a GNU General Public style license
("GPL") is governed by the "ECW JPEG 2000 SDK PUBLIC USE LICENSE AGREEMENT".
<--
The only drawback would be some commercial restriction "selling,renting not
allowed", but this shouldn't be our concern, because we do _nothing_ of that
sort and anyone who wants to should make sure to oblige _all_ licenses.
GPL2:
Secondly there is the GPLv2, the oj license. Everybody can get a copy
themselves. in a nutshell it protects every code based on gpl code by extending
gpl to it. This actually does not prevent you to use libraries or other
software with it. It "merely" insists on proper interfaces, which make sure
that these are independent software parts. This can be problematic, because a
lot of interfacing in some programming languages is done by definitions, which
are done in source code themselves. So actually if a library would include this
code, it would need to be gpl'd again.
But this is not the case here. There is a clean separation of the source code
and oj is merely using ecw routines, not the other way around. This is covered
by the "plugin" definition.
http://www.gnu.org/licenses/gpl-faq.html#GPLAndPlugins
in conclusion, no problem here.
..ede
EARTH RESOURCE MAPPING
ECW JPEG 2000 SDK LICENSE AGREEMENTS
There are three styles of ECW JPEG 2000 SDK license agreement.
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited
Compression for applications licensed under a GNU General Public style license
("GPL") is governed by the "ECW JPEG 2000 SDK PUBLIC USE LICENSE AGREEMENT".
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Limited
Compressor (Less than 500MB) for use in any commercial or free application is
governed by the "ECW JPEG 2000 SDK FREE USE LICENSE AGREEMENT."
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited
Compressing for commercial applications is governed by the "ECW JPEG 2000 SDK
COMMERCIAL USE LICENSE AGREEMENT".
For use of the ECW JPEG 2000 SDK in applications that are outside of the terms
of these agreements, including server-side applications, please contact Earth
Resource Mapping Limited, 2 Abbotsford Rd, West Leederville, Western Australia
6007. Tel +61 8 9388 2900; Fax +61 8 9388 2901; email: tony.cl...@ermapper.com
ECW JPEG 2000 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 JPEG 2000 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 JPEG 2000 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 JPEG 2000 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.
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 JPEG 2000 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 JPEG 2000 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 JPEG 2000 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 JPEG 2000 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 JPEG 2000 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 JPEG 2000
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 JPEG 2000 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 JPEG
2000 file format.
2) Distribution Requirements. You may copy and redistribute an unlimited number
of copies of the ECW JPEG 2000 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 JPEG 2000 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 JPEG 2000 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 JPEG
2000 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 JPEG 2000 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 JPEG 2000 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 ERM's 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
JPEG 2000 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 (price available on
request). Subsequent annual renewal of membership of the ERM Developer Network
is optional, at the current annual renewal fee. 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.
Revised 8th June 2005 - Removed server restriction from GPL License
------------------------------------------------------------------------------
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