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.