ENHANCED COMPRESSED WAVELET (ECW) VIEWING/DECOMPRESSION AND
COMPRESSION SOFTWARE DEVELOPMENT KIT AND ECW RUNTIME

END-USER LICENSE AGREEMENT FOR EARTH RESOURCE MAPPING SOFTWARE

IMPORTANT-READ CAREFULLY: This Earth Resource Mapping, Inc ("ERM") End-User 
License Agreement ("EULA") is a legal agreement between you (either an 
individual or a single entity) and ERM for the ERM software product identified 
above, which includes computer software and may include associated media, 
printed materials, and "online" or electronic documentation ("SOFTWARE 
PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the 
original SOFTWARE PRODUCT provided to you by ERM.  Any software provided along 
with the SOFTWARE PRODUCT that is associated with a separate end-user license 
agreement is licensed to you under the terms of that license agreement. By 
installing, copying, downloading, accessing or otherwise using the SOFTWARE 
PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to 
the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, 
however, return it to your place of purchase for a full refund. 

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright 
treaties, as well as other intellectual property laws and treaties. The SOFTWARE 
PRODUCT is licensed, not sold.

1.	GRANT OF LICENSE. This EULA grants you the following limited, non-
exclusive rights:

(a)	Software Product. You may install and use the enclosed SOFTWARE PRODUCT 
to design, develop, and test software application products for use with 
the Enhanced Compression Wavelet image technology.

(b)	ECW Viewing/Decompression and Compression Runtime ("ECW Runtime"). You 
may install and use an unlimited number of copies of the ECW Runtime which 
consists of files contained in the "runtime" directory. You may reproduce and
distribute an unlimited number of copies of the ECW Runtime; provided that each
copy shall be a true and complete copy, including all copyright and trademark
notices, and that you comply with the Distribution Requirements described below. 

(c)	Sample Code. You may modify the sample source code located in the 
SOFTWARE PRODUCT's "examples" directory ("Sample Code") to design, develop, and
test your Application. You may also reproduce and distribute the Sample Code in
object code form along with any modifications you make to the Sample Code,
provided that you comply with the Distribution Requirements described below.
For purposes of this section, "modifications" shall mean enhancements to the
functionality of the Sample Code.

(d)	Distribution Requirements. You may copy and redistribute an unlimited 
number of copies of the ECW Runtime, and/or Sample Code in object code 
form (collectively "REDISTRIBUTABLE COMPONENTS") as described above, 
provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in 
conjunction with, and as a part of, your Application; (b) your 
Application adds significant and primary functionality to the 
REDISTRIBUTABLE COMPONENTS; (c) any distribution of the ECW Runtime 
includes each and every runtime file distributed as a single set; (d) you 
do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by 
your end-user customers (e) you do not use ERM's name, logo, or 
trademarks to market your Application without prior approval by ERM in 
writing; (f) you include a valid copyright notice on your Application; 
and (g) you indemnify, hold harmless, and defend ERM from and against any 
claims or lawsuits, including attorneys' fees, that arise or result from 
the use or distribution of your Application.

2.	COPYRIGHT. All title and intellectual property rights in and to the 
SOFTWARE PRODUCT (including but not limited to any images, photographs, 
animations, video, audio, music, text, and "applets" incorporated into the 
SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the 
SOFTWARE PRODUCT are owned by ERM or its suppliers. All title and intellectual 
property rights in and to the content which may be accessed through use of the 
SOFTWARE PRODUCT is the property of the respective content owner and may be 
protected by applicable copyright or other intellectual property laws and 
treaties.  This EULA grants you no rights to use such content. All rights not 
expressly granted are reserved by ERM.

3.	PRERELEASE CODE. The SOFTWARE PRODUCT may contain PRERELEASE CODE that is 
not at the level of performance and compatibility of the final, generally 
available, product offering. These portions of the SOFTWARE PRODUCT may not 
operate correctly and may be substantially modified prior to first commercial 
shipment. ERM is not obligated to make this or any later version of the 
SOFTWARE PRODUCT commercially available 

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 

(a)	Limitations on Reverse-Engineering, Decompilation, and Disassembly. You 
may not reverse- engineer, decompile, or disassemble the SOFTWARE 
PRODUCT, except and only to the extent that such activity is expressly 
permitted by applicable law notwithstanding this limitation.

(b)	Rental. You may not rent, lease or lend the SOFTWARE PRODUCT. 

(c)	Support Services.  ERM may provide you with support services related to 
the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is 
governed by the ERM policies and programs described in the user manual, 
in "online" documentation, and/or in other ERM-provided materials. Any 
supplemental software code provided to you as part of the Support 
Services shall be considered part of the SOFTWARE PRODUCT and subject to 
the terms and conditions of this EULA. With respect to technical 
information you provide to ERM as part of the Support Services, ERM may 
use such information for its business purposes, including for product 
support and development. ERM will not utilize such technical information 
in a form that personally identifies you without your prior written 
approval to do so.

(d)	Software Transfer. You may permanently transfer all of your rights under 
this EULA, provided you retain no copies, you transfer all of the 
SOFTWARE PRODUCT (including all component parts, the media and printed 
materials, any upgrades, this EULA, and, if applicable, the Certificate 
of Authenticity), and the recipient agrees to the terms of this EULA. If 
the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior 
versions of the SOFTWARE PRODUCT.

(e)	Termination. Without prejudice to any other rights, ERM may terminate 
this EULA if you fail to comply with the terms and conditions of this 
EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT 
and all of its component parts. 

5.	EXPORT RESTRICTIONS. You agree that you will not export or re-export the 
SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. 
export restrictions.  You specifically agree not to export or re-export the 
SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or 
restricted the export of goods or services, which currently include, but are 
not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and 
Syria, or to any national of any such country, wherever located, who intends 
to transmit or transport the products back to such country; (ii) to any end-
user who you know or has reason to know will utilize the SOFTWARE PRODUCT or 
portion thereof in the design, development or production of nuclear, chemical 
or biological weapons; or (iii) to any end-user who has been prohibited from 
participating in U.S. export transactions by any federal agency of the U.S. 
government.

6.	U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation 
are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) 
of The Rights in Technical Data and Computer Software clause at DFARS 252.227-
7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - 
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Earth 
Resource Mapping, Inc./4370 La Jolla Village Drive/San Diego, CA 92122.

7.  MISCELLANEOUS

(a)	If you acquired this product in the United States, this EULA is governed 
by the laws of the State of California. 

(b)	If this product was acquired outside the United States, this EULA is 
governed by the laws of the State of Western Australia.

(c)	Should you have any questions concerning this EULA, or if you desire to 
contact ERM for any reason, please contact the ERM subsidiary serving 
your country, or write: ECW Developer Support/Earth Resource Mapping, 
Inc./4370 La Jolla Village Drive, San Diego, CA 92122. 

(e)	No Warranties. ERM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE 
PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED 
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, 
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK 
ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH 
YOU. 

(f)	Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 
LAW, IN NO EVENT SHALL ERM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, 
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) 
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE 
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ERM HAS BEEN 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ERM'S ENTIRE 
LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE 
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR 
US$5.00; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A ERM SUPPORT 
SERVICES AGREEMENT, ERM'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES 
SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND 
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE 
ABOVE LIMITATION MAY NOT APPLY TO YOU. 
