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.
