EARTH RESOURCE MAPPING
ECW JPEG 2000 SDK LICENSE AGREEMENTS
There are three styles of ECW JPEG 2000 SDK license agreement.
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited Compression for applications licensed under a GNU General Public style license ("GPL") is governed by the "ECW JPEG 2000 SDK PUBLIC USE LICENSE AGREEMENT".
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Limited Compressor (Less than 500MB) for use in any commercial or free application is governed by the "ECW JPEG 2000 SDK FREE USE LICENSE AGREEMENT." 
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited Compressing for commercial applications is governed by the "ECW JPEG 2000 SDK COMMERCIAL USE LICENSE AGREEMENT". 
For use of the ECW JPEG 2000 SDK in applications that are outside of the terms of these agreements, including server-side applications, please contact Earth Resource Mapping Limited, 2 Abbotsford Rd, West Leederville, Western Australia 6007.  Tel +61 8 9388 2900; Fax +61 8 9388 2901; email:  tony.clark@ermapper.com
ECW JPEG 2000 SDK PUBLIC 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 ERM ECW JPEG 2000 SDK software product under this Public 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 establish freedom to share and change the software regulated by this license under the open source model and is applicable to the use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited Compression for applications licensed under a GNU General Public style license ("GPL") as set out below. 
This license applies to any use of the Software Product solely intended to develop or be distributed with products that are licensed under a license similar to a General Public License ("GPL") and at no charge to the public.  This license covers modification and distribution of the Software, use of third-party application programs based on the Software, and development of free software that uses the Software. 
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, provided you agree to and comply with any and all conditions in this license. Whole or partial distribution of the Software, or software items that link with the Software, in any form signifies acceptance of this license. 
a) You may copy and distribute the Software in unmodified form provided that the entire package, including - but not restricted to - copyright, trademark notices and disclaimers, as released by the initial developer of the Software, is distributed. 
b) You may make modifications to the Software and distribute your modifications, in a form that is separate from the Software, such as patches. The following restrictions apply to modifications: 
i) Modifications must not alter or remove any copyright notices in the Software. 
ii) When modifications to the Software are released under this license, a non-exclusive royalty-free right is granted to the initial developer of the Software to distribute your modification in future versions of the Software provided such versions remain available under these terms in addition to any other license(s) of the initial developer. 
iii) You are not permitted to change the ECW file format.
c) You may distribute machine-executable forms of the Software or machine-executable forms of modified versions of the Software, provided that you meet these restrictions: 
i) You must include this license document in the distribution. 
ii) You must ensure that all recipients of the machine-executable forms are also able to receive the complete machine-readable source code to the distributed Software, including all modifications, without any charge beyond the costs of data transfer, and place prominent notices in the distribution explaining this. 
iii) You must ensure that all modifications included in the machine-executable forms are available under the terms of this license. 
d) You may use the original or modified versions of the Software to compile, link and run application programs legally developed by you or by others. 
e) You may develop application programs, reusable components and other software items that link with the original or modified versions of the Software. These items, when distributed, are subject to the following requirements: 
i) You must ensure that all recipients of machine-executable forms of these items are also able to receive and use the complete machine-readable source code to the items without any charge beyond the costs of data transfer. 
ii) You must explicitly license all recipients of your items to use and re-distribute original and modified versions of the items in both machine-executable and source code forms. The recipients must be able to do so without any charges whatsoever, and they must be able to re-distribute to anyone they choose. 
iii) If the items are not available to the general public, and the initial developer of the Software requests a copy of the items, then you must supply one. 

2) SUPPORT AND UPDATES.
Licensee is optionally entitled to join the ERM Developer Network for a fee.  Other than this service, ERM provides no technical support as part of this license.

3) 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.

4) 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.



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.


ECW JPEG 2000 SDK COMMERCIAL USE LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This ERM End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a legal entity) ("Licensee") and Earth Resource Mapping Limited ("ERM") for the ERM ECW JPEG 2000 SDK software product under this Commercial Use License Agreement, which includes computer software and may include "online" or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation ("Software Product").

By installing, copying, or otherwise using the Software Product, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee may not install, copy, or otherwise use the Software Product; Licensee may, however, return it to Licensee's place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the Software Product that Licensee receives separately as part of the Software Product ("Updates"),
The intent of this license is to establish commercial rights to the use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited Compressing.
Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee may not install, copy, or otherwise use such Updates.
Upon Licensee's acceptance of the terms and conditions of this Agreement, ERM grants Licensee the right to use the Software Product in the manner provided below.
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, provided you agree to and comply with any and all conditions in this license. Installation of the Software, whole or partial distribution of the Software, or software items that link with the Software, in any form signifies acceptance of this license.
a) In return for a one-off License fee (see ERM's current price list), ERM grants to Licensee as an individual a personal, nonexclusive, non-transferable license to make and use copies of the Software Product for the sole purposes of designing, developing, and testing Licensee's software product(s) ("Applications").  Applications are defined as 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 product similar in intent to this software product. 
b) Licensee may install copies of the Software Product on an unlimited number of computers provided that Licensee is the only individual using the Software Product. If Licensee is an entity, ERM grants Licensee the right to designate one, and only one, individual within Licensee's organization who shall have the sole right to use the Software Product in the manner provided above. Licensee may at any time, but not more frequently that once every six (6) months, designate another individual to replace the current designated user by notifying ERM, so long as there is no more than one designated user at any given time.
c) The Software Product may provide links to third party libraries or code (collectively "Third Party Libraries") to implement various functions.  Third Party Libraries are not prepared by or owned by ERM, and do not comprise part of the Software Product. In some cases, access to Third Party Libraries may be included along with the Software Product delivery as a convenience for development and testing only.  Licensee acknowledges (1) that some Third Party Libraries may require additional licensing of copyright and patents from the owners of such, and (2) that distribution of any of the Software Product referencing any portion of a Third Party Library may require appropriate licensing from such third parties and, in the event that such licensing is not granted, may result in the removal of such Third Party Library from the Software Product. 

2) GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES
ERM grants Licensee a nonexclusive right to reproduce and distribute the ECW JPEG 2000 Runtime  and Sample Code as contained in the "examples" directory ("Redistributables") for execution on any operating System. Copies of Redistributables may only be distributed with and for the sole purpose of executing Applications permitted under this Agreement that Licensee has created using the Software Product.
Under no circumstances may any copies of Redistributables be distributed separately.
The license granted in this Agreement for Licensee to create Applications and distribute them and the Redistributables (if any) to Licensee's customers is subject to all of the following conditions:
a) all copies of the Applications Licensee creates must bear a valid copyright notice, either Licensee's own or the copyright notice that appears on the Software Product; 
b) Licensee may not remove or alter any copyright, trademark or other proprietary rights notice contained in any portion of the Software Product; 
c) Redistributables, if any, shall be licensed to Licensee's customer "as is"; 
d) Licensee will indemnify and hold ERM, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of Applications; 
e) The parts of the Applications that are developed using the Software Product must be developed using a licensed, registered copy of the Software Product; 
f) If Applications support ECW Viewing/Decompression they must fully support the ECWP protocol; 
g) Licensee is not permitted to change the ECW file format; 
h) Applications must add primary and substantial functionality to the Software Product; 
i) Applications may not pass on functionality which in any way makes it possible for others to create software with the Software Product; 
i) Applications other than Client Software may not be distributed without the prior agreement of ERM and will be the subject of a separate licensing agreement.  Licensee may not use Software Product for development or distribution of "Server Software".
j) Licensee may not use ERM's or any of its suppliers' names, logos, or trademarks to market Application, except to state that Application was developed using the Software Product; 
k) Where Redistributables are supplied to a third party as part of client software they must be statically linked to the NCSECWCU.LIB static link library in the "lib" Directory.

3) SUPPORT AND UPDATES
Licensee is required to join the ERM Developer Network (price available on request).  Subsequent annual renewal of membership of the ERM Developer Network is optional, at the current annual renewal fee.  Other than this service, ERM provides no technical support as part of this license.

4) 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.

5) 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.

Revised  8th June 2005 - Removed server restriction from GPL License
