EXELIS VISUAL INFORMATION SOLUTIONS, INC.
END USER LICENSE AGREEMENT FOR ENVI® 5.1, IDL® 8.3 & ENVI® LiDAR 5.1
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING THE SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
EXELIS VISUAL INFORMATION SOLUTIONS, INC. ("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.
IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN 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.
1. 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 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”).
2. LICENSE. Conditioned upon compliance with the terms and conditions of the Agreement, 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 VIS or an authorized 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 VIS to obtain the necessary license key or license file.
3. GENERAL LIMITATIONS. Licensee may install and use the Software on a single computer, install and store the Software on a storage device, such as a network server, install the Software on Licensee’s other computers over an internal network, or install on a third party internet based network server for Licensee’s internal business purposes, provided Licensee has purchased the appropriate license and adheres to the terms and conditions herein. 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. 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 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 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:
(i) rent, lease, loan, sell, transfer, assign or sublicense its license rights to any other person or entity (other than in compliance with any VIS relicensing/transfer policy then in force), and Licensee acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
(ii) 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;
(iii) 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;
(iv) 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 VIS; or
(v) 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 VIS. Licensee shall implement reasonable security measures to protect such trade secrets, proprietary or confidential information.
(vi) use more Software licenses at any given time than the total quantity in Licensees’ licensed configuration on file with VIS.
4. 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.
5. 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 VIS Academic Use Policy. Specifically excluded is use by and for any government, hospital, non-academic research, or commercial use.
6. FLEXIBLE SINGLE USER LICENSE. If Licensee purchased a flexible single user license, 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.
7. HARDWARE KEY LICENSE. If Licensee has purchased a hardware key, Licensee may use the Software on any machine with the provided hardware key attached.
8. NETWORK LICENSE. If Licensee has purchased a network license, 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.
9. NODE-LOCKED LICENSE. If Licensee has purchased a node-locked license, 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.
10. STUDENT LICENSE. If Licensee has purchased a student license, 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.
11. 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.
12. 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 this Agreement may be incorporated, Government end user will acquire the Software and Documentation with only those rights set forth in this 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.
13. LIMITED WARRANTY. Subject to the limitations and conditions set forth herein, 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 VIS and its distributors or suppliers under this limited warranty will be (i) replacement of defective media and/or (ii) at 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 VIS or the party supplying the Software to Licensee if different than VIS, within the 60-day warranty period. 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 VIS warrant that the Software is error free or that Licensee will be able to operate the Software without problems or interruptions.
14. WARRANTY RESTRICTIONS. This warranty does not apply if the Software, (a) has been altered, except by VIS, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by 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 VIS does not receive a license fee.
15. 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 VIS on its web site. VIS is not obligated to provide any warranty, maintenance, technical or other support for the Open Source Software or its use on the Software.
16. 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 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.
17. IDL VIRTUAL MACHINE DISCLAIMER OF WARRANTY. THE IDL VIRTUAL MACHINE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. VIS MAY CHANGE OR ALTER IDL VIRTUAL MACHINE SOFTWARE AT ANY TIME, AND WITHOUT PRIOR NOTICE. 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.
18. DISCLAIMER OF LIABILITIES - LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF 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 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 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, COST TO COVER 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, 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.
20. 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 located within, an embargoed or otherwise restricted nation 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. As permitted by applicable law, Licensee will defend, indemnify, and hold harmless VIS and its licensors from and against all fines, penalties, liabilities, damages, costs, and expenses incurred by 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.
21. 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 VIS.
22. WAIVER. The failure of 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.
23. 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 VIS without VIS’ written consent.
24. 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 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.
25. LICENSEE RECORDS. Licensee grants to VIS and its independent accountants the right to examine Licensee’s books, records and accounts during Licensee’s normal business hours to verify compliance of with this Agreement as it relates to the Software. In the event such audit discloses non-compliance with this Agreement, Licensee shall promptly pay to VIS the appropriate license fees, plus the reasonable cost of conducting the audit.
26. GOVERNING LAW. The Agreement shall be governed as follows:
a. For commercial entities, the laws of the State of Colorado without regard to its choice of law rules.
b. For U.S. state and local governments and/or higher education schools governed by state laws, contracts shall be governed by the laws of the state in which they are located without reference to conflict of laws principles.
c. For the U.S. Government, contracts shall be governed by U.S. federal laws.
d. Contracts will not be governed by the United Nations Convention on Contracts for International Sale of Goods, this application is expressly excluded.
27. 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 VIS. The English version of this agreement will be the version used when interpreting or construing this Agreement.
28. 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.exelisvis.com/Company/Legal.aspx
7-Zip
Use of 7-Zip software is licensed under the GNU Lesser General Public License (LGPL) version 2 or later. A copy of the LGPL version 2.1 or later may be obtained at http://www.gnu.org/licenses/.
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/.
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 LGPL 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 www.exelisvis.com/LegalNotices or at the FFmpeg web site www.ffmpeg.org. 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 PROMOTIONAL, 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.
AVC
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FRO A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAYBE OBTAINED OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
MrSID Proprietary Rights Notice:
Portions of this software that incorporate MrSID functionality are provided under a license from LizardTech, Inc. and are copyright (c) 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 un9999iversity 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 Healthcare Canada Corp. 6303 Airport Road, Mississauga, ON, L4V 1R8 Canada.
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, VIS has obtained a commercial license. Kakadu Software. Copyright (c) 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: Exelis Visual Information Solutions, Inc., ATTN: Contracts, 4990 Pearl East Circle, Boulder, Colorado 80301, USA.