EXELIS VISUAL INFORMATION SOLUTIONS,
INC.
END USER LICENSE AGREEMENT FOR ENVI® 5.2,
IDL® 8.4 & ENVI® LiDAR 5.2
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 unless otherwise required by applicable law or court order.
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 Department, 4990 Pearl East Circle, Boulder, Colorado 80301,
USA.