DESKTOP END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT
CAREFULLY. DOWNLOADING, INSTALLING OR USING THE SOFTWARE CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT.
RESEARCH SYSTEMS, INC. D/B/A ITT VISUAL INFORMATION SOLUTIONS
("ITT VIS"), OR ITS AUTHORIZED LICENSOR, IS WILLING TO LICENSE THE
SOFTWARE TO YOU OR THE BUSINESS ENTITY YOU REPRESENT ("LICENSEE") UPON
THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS
END USER LICENSE AGREEMENT ("AGREEMENT"). BY DOWNLOADING, INSTALLING,
OR USING THE SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY
THAT YOU REPRESENT TO THE TERMS OF THIS AGREEMENT.
USE OF THIRD PARTY SOFTWARE INCLUDED IN OR ACCESSED THROUGH
THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS FOUND IN A
SEPARATE LICENSE AGREEMENT, TERMS OF USE, OR "Help/Legal" DIRECTORY
LOCATED WITHIN THE SOFTWARE OR AT http://www.ittvis.com/LegalNotices.
IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THE
AGREEMENT, THEN ITT VIS IS UNWILLING TO LICENSE THE SOFTWARE TO
LICENSEE AND (A) LICENSEE MAY NOT DOWNLOAD, INSTALL OR USE THE
SOFTWARE, AND (B) LICENSEE MAY RETURN THE SOFTWARE (INCLUDING ANY
UNOPENED CD/DVD PACKAGE AND ANY WRITTEN MATERIALS) TO THE PLACE OF
PURCHASE FOR A FULL REFUND, OR, IF THE SOFTWARE AND WRITTEN MATERIALS
ARE SUPPLIED AS PART OF ANOTHER PRODUCT, LICENSEE MAY RETURN THE ENTIRE
PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND. LICENSEE'S RIGHT TO
RETURN AND REFUND EXPIRES 60 DAYS AFTER PURCHASE FROM LICENSOR, AND
APPLIES ONLY IF LICENSEE IS THE ORIGINAL END USER PURCHASER.
- DEFINITIONS. "Documentation" means
written information (whether contained in user or technical manuals,
training manuals, specifications or otherwise) pertaining to the
Software and made available by ITT VIS in any manner (including CD-ROM
or on-line). "Software" shall mean computer programs provided to
Licensee by an approved source, and any upgrades, updates, bug fixes or
modified versions thereto (collectively "Upgrades").
- LICENSE. Conditioned upon compliance
with the terms and conditions of the Agreement, ITT VIS grants to
Licensee a nonexclusive license to use for Licensee's internal business
purposes, the Software and Documentation for which Licensee has paid
the required license fees as set forth on the applicable purchase order
or invoice from ITT VIS or an authorized ITT VIS licensor. In order to
use the Software, Licensee may be required to provide a registration
number or product authorization key and register Licensee's copy of the
Software with ITT VIS to obtain the necessary license key or license
file.
- GENERAL LIMITATIONS. Licensee may
install and use the Software on a single computer, or install and store
the Software on a storage device, such as a network server, used only
to install the Software on Licensee's other computers over an internal
network, provided Licensee has purchased a license for each separate
computer on which the Software is installed and run. Other than as
specifically set forth herein, you may not make or distribute copies of
the Software; use the Software for commercial network services,
interactive cable or remote processing services that provide unlicensed
end users with direct access to the Software. The Software may not be
shared, installed, or used concurrently on different computers.
Licensee may make one copy of the Software in machine-readable form
solely for backup purposes. Licensee must reproduce on any such copy
all copyright notices and any other proprietary legends on the original
copy of the Software.
This is a license, not a transfer of title to the Software and
Documentation, and ITT VIS and/or its licensors retain ownership of all
copies of the Software and Documentation. Licensee acknowledges that
the Software and Documentation contain trade secrets, proprietary or
confidential information of ITT VIS or its suppliers or licensors,
including but not limited to the specific internal design and structure
of individual programs and associated interface information. Except as
otherwise expressly provided under the Agreement, Licensee shall have
no right, and specifically agrees not to:
- transfer, assign or sublicense its license rights to
any other person or entity (other than in compliance with any ITT VIS
relicensing/transfer policy then in force), and Licensee acknowledges
that any attempted transfer, assignment, sublicense or use shall be
void;
- make error corrections to or otherwise modify, alter or
adapt the Software or create derivative works based upon the Software,
or permit third parties to do the same;
- translate, decipher, reverse engineer or decompile,
decrypt, disassemble or otherwise reduce the Software to human-readable
form, except to the extent otherwise expressly permitted under
applicable law notwithstanding this restriction;
- use or permit the Software to be used to perform
services for third parties, whether on a service bureau or time sharing
basis or otherwise, without the express written authorization of ITT
VIS; or
- disclose, provide, or otherwise make available trade
secrets, proprietary or confidential information contained within the
Software and Documentation in any form to any third party without the
prior written consent of ITT VIS. Licensee shall implement reasonable
security measures to protect such trade secrets, proprietary or
confidential information.
- SOFTWARE, UPGRADES AND ADDITIONAL COPIES.
NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT: (1) LICENSEE HAS
NO LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONAL COPIES OR UPGRADES
UNLESS LICENSEE, AT THE TIME OF MAKING OR ACQUIRING SUCH COPY OR
UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS
PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; AND (2)
THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP
PURPOSES ONLY.
- EDUCATIONAL LAB, MINI-LAB, or DEPARTMENT LICENSE.
If Licensee has purchased an educational lab, mini-lab or department
license, the Software is for use at an accredited, degree granting
academic institution. The Software shall be installed on a single
network on computer systems owned, operated and located on the campus
of the academic institution. The Software shall be used for teaching
and academic-related research purposes only. Licensee may have as many
copies of the Software in simultaneous use on the network as authorized
by the license fees paid and in accordance with the ITT VIS Academic
Use Policy. Specifically excluded is use by and for any government,
hospital, non-academic research, or commercial use.
- FLEXIBLE SINGLE USER LICENSE. If
Licensee purchased a flexible single user license, ITT VIS grants
Licensee a license to use the Software by a single, designated end user
only. The Software may be installed on up to three (3) separate
computer systems (office, lab and personal computer system) using the
Windows, Macintosh or Linux operating systems and only the designated
end user may use the software. A flexible single user license may not
be used concurrently on more than one computer system at any time.
- HARDWARE KEY LICENSE. If Licensee has
purchased a hardware key, Licensee may use the Software on any machine
with the provided hardware key attached.
- NETWORK LICENSE. If Licensee has
purchased a network license, ITT VIS grants Licensee the right to use
the Software on a computer network and may have as many copies of the
Software in simultaneous use on the network as is specifically
authorized by the license fees paid.
- NODE-LOCKED LICENSE. If Licensee has
purchased a node-locked license, ITT VIS grants to Licensee a license
to use the Software on a single computer. Licensee may have as many
concurrent users on the single computer as is specifically authorized
by the license fees paid.
- STUDENT LICENSE. If Licensee has
purchased a student license, ITT VIS grants Licensee a license to use
the Software on a single computer system owned by the Licensee.
Licensee must be a student pursuing a degree at qualifying college or
university. Professional, commercial, government, and other usage are
strictly prohibited. The Software may not be installed or run on
computer systems owned or operated by a College or University, or on
other computer systems not owned by the student. The license shall be
terminated after 12 months or when Licensee is no longer a student
pursuing a degree at a qualifying college or university, whichever
occurs first, at which time Licensee agrees to cease using the Software
and agrees to destroy all copies of the Software.
- IDL VIRTUAL MACHINE LICENSE. If Licensee
has acquired an IDL Virtual Machine license, Licensee is granted a
non-exclusive license to use the IDL Virtual Machine Software, to
modify the IDL Virtual Machine Software, or combine it with other
software. Licensee may distribute the IDL Virtual Machine Software with
other software subject to the requirement that the derived software is
subject to the terms of this Agreement. Licensee may not reverse
engineer, decompile or disassemble the IDL Virtual Machine Software.
Licensee may not alter or modify the installation procedure, suppress
the End User License Agreement, alter the software operating
environment in a way that prevents the IDL Virtual Machine splash
screen from appearing at start-up, or automatically dismiss the IDL
Virtual Machine splash screen. Licensee may not use the IDL Virtual
Machine if it has been altered to automatically dismiss the IDL Virtual
Machine splash screen or to prevent the IDL Virtual Machine splash
screen from appearing at start-up. Licensee may not modify the IDL
Virtual Machine in a way that exposes the IDL Development Environment
(IDLDE), or in any manner that replicates or mimics the functionality
of the IDL Development Environment or the IDL Command Line. Licensee
may reproduce Documentation, but only for Licensee's use of the IDL
Virtual Machine Software in accordance with the IDL Virtual Machine
license terms described herein. All such copies of Software or
Documentation must contain all proprietary, copyright notices, and
trademarks contained as part of the original Software or Documentation.
- U.S. GOVERNMENT END USER PURCHASERS. The
Software and Documentation qualify as "commercial items," as that term
is defined at Federal Acquisition Regulation (FAR) (48 C.F.R.) 2.101,
consisting of "commercial computer software" and "commercial computer
software documentation" as such terms are used in FAR 12.212.
Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through
227.7202-4, and notwithstanding any other FAR or other contractual
clause to the contrary in any contract into which the Agreement may be
incorporated, Government end user will acquire the Software and
Documentation with only those rights set forth in the Agreement. Use of
either the Software or Documentation or both constitutes agreement by
the Government that the Software and Documentation are "commercial
computer software" and "commercial computer software documentation,"
and constitutes acceptance of the rights and restrictions herein.
- LIMITED WARRANTY. Subject to the
limitations and conditions set forth herein, ITT VIS warrants that
commencing from the date of shipment to Licensee and for a period no
longer than sixty (60) days: (a) the media on which the Software is
furnished will be free of defects in materials and workmanship under
normal use; and (b) the Software shall perform in substantial
conformity with the Documentation. Except for the foregoing, the
Software is provided "AS IS." This limited warranty extends only to the
Licensee who is the original licensee. Licensee's sole and exclusive
remedy and the entire liability of ITT VIS and its distributors or
suppliers under this limited warranty will be (i) replacement of
defective media and/or (ii) at ITT VIS' option, repair, replacement, or
refund of the purchase price of the Software license, in both cases
subject to the condition that any error or defect constituting a breach
of this limited warranty is reported to ITT VIS or the party supplying
the Software to Licensee if different than ITT VIS, within the 60-day
warranty period. ITT VIS or the party supplying the Software to
Licensee may, at its option, require return of the Software and/or
Documentation as a condition to the remedy. In no event does ITT VIS
warrant that the Software is error free or that Licensee will be able
to operate the Software without problems or interruptions.
- WARRANTY RESTRICTIONS. This warranty
does not apply if the Software, (a) has been altered, except by ITT
VIS, (b) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by ITT VIS, (c) has been
subjected to abnormal physical or electrical stress, abnormal
environmental conditions, misuse, negligence, or accident; (d) is
licensed for beta, evaluation, testing or demonstration purposes; or
(e) any Software for which ITT VIS does not receive a license fee.
- OPEN SOURCE SOFTWARE. Certain software
libraries and other third party software included in the Software are
"free" or "open source" software and are subject to separate license
terms ("Open Source Software"). Such Open Source Software is
distributed WITHOUT ANY WARRANTY, without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open
Source Software has been or may be made available by ITT VIS on its web
site. ITT VIS is not obligated to provide any warranty, maintenance,
technical or other support for the Open Source Software or its use on
the Software.
- DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN
THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OR CONDITION OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY,
NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A
COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED
TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY
ITT VIS, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY
CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS
WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION
MAY NOT APPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, AND
LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN
IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.
- IDL VIRTUAL MACHINE DISCLAIMER OF WARRANTY. THE
IDL VIRTUAL MACHINE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. ITT VIS
MAY CHANGE OR ALTER IDL VIRTUAL MACHINE SOFTWARE AT ANY TIME, AND
WITHOUT PRIOR NOTICE. ITT VIS AND ITS LICENSORS SPECIFICALLY DISCLAIM
ALL EXPRESS STATUTORY OR IMPLIED WARRANTIES RELATING TO IDL VIRTUAL
MACHINE SOFTWARE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY
RIGHTS.
- DISCLAIMER OF LIABILITIES - LIMITATION OF LIABILITY.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL
LIABILITY OF ITT VIS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO LICENSEE, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE,
SHALL NOT EXCEED THE PRICE PAID BY LICENSEE TO ITT VIS OR ITS
AUTHORIZED RESELLER FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM. THIS
LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT
(I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IN NO EVENT WILL ITT VIS, ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE FOR ANY LOST
REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION,
LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
OR PUNITIVE DAMAGES, HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION,
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF, IN EACH CASE, ITT
VIS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS
AND LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT FULLY APPLY TO LICENSEE.
- EXPORT RESTRICTIONS. The Software and
Documentation are subject to the controls of U.S. export controls,
including but not limited to the U.S. Export Administration Regulations
(EAR). Licensee agrees that the Software and Documentation will not be
shipped, transferred or exported into any country, or used in any
manner prohibited by U.S. export restrictions or controls or any other
applicable export laws, restrictions and regulations (collectively
"Export Laws"). In addition, if the Software or Documentation is
identified as an export controlled item under Export Laws, Licensee
represents and warrants that Licensee and Licensee's end users are not
citizen of, or located within, an embargoed or otherwise restricted
nation (including without limitation Iran, Cuba, Syria, Sudan and North
Korea) and that Licensee and Licensee's end users are not otherwise
prohibited under the Export Laws from receiving the Software. All
rights to use the Software are granted on condition that such rights
are forfeited if Licensee fails to comply with the terms of this
provision. Licensee will defend, indemnify, and hold harmless ITT VIS
and its licensors from and against all fines, penalties, liabilities,
damages, costs, and expenses incurred by ITT VIS or its licensors as a
result of any violation of such laws and regulations of this provision
by Licensee or any of Licensee's agents or employees.
- PROPRIETARY NOTICES. Licensee agrees to
maintain and reproduce all copyright and other proprietary notices on
all copies, in any form, of the Software and Documentation in the same
form and manner that such copyright and other proprietary notices are
included on the Software and Documentation. Except as expressly
authorized in the Agreement, Licensee shall not make any copies or
duplicates of any Software without the prior written permission of ITT
VIS.
- WAIVER. The failure of ITT VIS to insist
on the performance of any of the terms or conditions of this Agreement
or to exercise any right hereunder shall not be a waiver of such terms,
conditions, or rights in the future, nor shall it be deemed to be a
waiver of any other term, condition, or right under this Agreement.
- MODIFICATION OF TERMS AND CONDITIONS. No
terms and conditions other than those stated herein, and no
modification of these terms or conditions, shall be binding on ITT VIS
without ITT VIS' written consent.
- TERM AND TERMINATION. The Agreement and
the license granted herein shall remain effective until terminated.
Licensee may terminate the Agreement and the license at any time by
destroying all copies of Software and any Documentation. Licensee's
rights under the Agreement will terminate immediately without notice
from ITT VIS if Licensee fails to comply with any provision of the
Agreement. Upon termination, Licensee shall destroy all copies of
Software and Documentation in its possession or control. All
confidentiality obligations of Licensee and all limitations of
liability and disclaimers and restrictions of warranty shall survive
termination of this Agreement.
- LICENSEE RECORDS. Licensee grants to ITT
VIS and its independent accountants the right to examine Licensee's
books, records and accounts during Licensee's normal business hours to
verify compliance with this Agreement. In the event such audit
discloses non-compliance with this Agreement, Licensee shall promptly
pay to ITT VIS the appropriate license fees, plus the reasonable cost
of conducting the audit.
- GOVERNING LAW. The Agreement shall be
governed by the laws of the State of Colorado without regard to its
choice of law rules and will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
- GENERAL PROVISIONS. If any part of the
Agreement is found void and unenforceable, it will not affect the
validity of the balance of the Agreement, which will remain valid and
enforceable according to its terms. This Agreement may only be modified
by a writing signed by an authorized officer of ITT VIS. The English
version of this agreement will be the version used when interpreting or
construing this Agreement.
- LEGAL NOTICES/ADDITIONAL TERMS AND CONDITIONS
USE OF THIRD PARTY SOFTWARE INCLUDED IN OR ACCESSED THROUGH THE
SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS FOUND IN A
SEPARATE LICENSE AGREEMENT, TERMS OF USE, OR "Help/Legal" DIRECTORY
LOCATED WITHIN THE SOFTWARE OR AT http://www.ittvis.com/LegalNotices.
Eclipse Code
This Software contains code provided by the Eclipse Foundation
("Eclipse Code"). Such Eclipse Code is made available under the terms
of the Eclipse Public License v1.0 a copy of which is included with the
Software. Licensee may also obtain a copy of the Eclipse Public License
v1.0 at http://www.eclipse.org/legal/epl-v10.html.
ECMWF GRIB API
Use of the ECMWF GRIB API decoding/encoding application program is
licensed under the GNU Lesser General Public License Version 3, a copy
of which is included with this Software. Licensee may also obtain a
copy of the GNU Lesser General Public License, Version 3 at http://www.gnu.org/licenses/.
A copy of the GRIB API source code is available at http://www.ittvis.com/LegalNotices.
FFmpeg
Use of FFmpeg is licensed under the GNU Lesser General Public License
(LGPL) version 2.1 or later, a copy of which is included with this
Software. A copy of the GNU Lesser General Public License version 2.1
or later may be obtained at http://www.gnu.org/licenses/.
FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg
project. The FFmpeg source code can be found at: FFmpeg http://ffmpeg.org/download.html.
A copy of the FFmpeg source code is available at http://www.ittvis.com/LegalNotices.
FFmpeg is ©2000-2009 Fabrice Bellard et al.
MPEG-4
PORTIONS OF THIS SOFTWARE IS LICENSED UNDER THE MPEG-4 VISUAL PATENT
PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER
FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD
("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY
A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS
OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4
VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PR©©©OMOTIONAL,
INTERNAL
AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC,
6312 S. FIDDLERS GREEN CIRCLE, SUITE 400E, GREENWOOD VILLAGE, COLORADO
80111 U.S.A. OR AT HTTP://WWW.MPEGLA.COM.
MPEG-2
ANY USE OF THIS PRODUCT IN ANY MANNER OTHER THAN PERSONAL USE THAT
COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR
PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER
APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS
AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER,
COLORADO 80206.
MrSID Proprietary Rights Notice:
Portions of this software that incorporate MrSID functionality are
provided under a license from LizardTech, Inc. and are copyright ©
1995-2008 Celartem, Inc., doing business as LizardTech. All rights
reserved. MrSID is protected by United States Patent No. 5,710,835.
Foreign patents pending. Some of the MrSID technology was developed
through a project at the Los Alamos National Laboratory (LANL) funded
by the U.S. Government managed under contract by the Regents of the
University of California (University). The U.S. Government and the
university have reserved rights in the Technology, including the
following: (a) the U.S. Government has a non-exclusive,
nontransferable, irrevocable, paid-up license to practice or have
practiced throughout the world, for or on behalf of the United States,
inventions covered by the University's Patent Rights, and has other
rights under 35 U.S.C 200-212 and applicable implementing regulations
and under the U.S Department of Energy (DOE) Assignment and
Confirmatory License through which the DOE's rights in the Technology
were assigned to the University; (b) Under 35 U.S.C 203, the DOE has
the right to require LizardTech to grant a non-exclusive, partially
exclusive or exclusive license under U.S Patent No. 5,710,835 in any
field of use to a responsible applicant(s) upon terms reasonable under
the circumstances, if LizardTech does not adequately attempt to
commercialize the MrSID Technology. See 37 CFR 401.6; (c) The
University makes no warranty nor does the University have any
obligation to furnish any know-how, technical assistance, or technical
data in connection with MrSID software. For further information about
these provisions, contact LizardTech, 821 Second Ave., Suite 1800,
Seattle, WA 98104.
DICOMEX by MERGE Notice
Portions of this Software that implement DICOMEX technology are
copyrighted by Merge Technologies Incorporated, 1126 South 70th St.,
Milwaukee, Wisconsin, 53214-3151.
OpenSSL
Portions of this Software includes software developed by the OpenSSL
Project for use in the OpenSSL Toolkit (http://www.openssl.org/),
and includes cryptographic software written by Eric Young
(eay@cryptsoft.com) and Tim Hudson (tjh@cryptsoft.com).
Unisearch Notice:
For portions of this software that were developed using Unisearch's
Kakadu software, ITT VIS has obtained a commercial license. Kakadu
Software. Copyright © 2001. The University of New South Wales, UNSW,
Sydney NSW 2052, Australia, and Unisearch Ltd., Australia.
NOTICE. Any notice relating to the Agreement should be sent by personal
delivery or U.S. certified mail (return receipt requested) to the
address provided below and will be effective upon receipt: ITT Visual
Information Solutions, ATTN: Contracts, 4990 Pearl East Circle,
Boulder, Colorado 80301, USA.
NOTICE
Any notice relating to the Agreement should be sent by personal
delivery or U.S. certified mail (return receipt requested) to the
address provided below and will be effective upon receipt:
ITT Visual Information Solutions, ATTN: Contracts, 4990 Pearl East
Circle, Boulder, Colorado 80301, USA.