Research Systems End User License Agreement NOTICE -- READ ENTIRE AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING THIS PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN RESEARCH SYSTEMS, INC. (RSI) AND YOU, THE LICENSEE. CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE INSTALLING THIS PACKAGE. INSTALLING THIS PACKAGE ON A COMPUTER OR COMPUTER STORAGE DEVICE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL THIS PACKAGE AND IMMEDIATELY RETURN THE ENTIRE PRODUCT UNOPENED TO RSI OR TO THE PLACE OF PURCHASE FOR A REFUND. IF YOU ARE INSTALLING THE IDL VIRTUAL MACHINE SOFTWARE YOU WILL FIND SPECIFIC PROVISIONS FOR THAT SOFTWARE FOLLOWING THE RESEAECH SYSTEMS END USER LICENSE AGREEMENT. LICENSE GRANT - RSI grants to you one or more of the following non-exclusive licenses as purchased by you and indicated by your invoice from RSI. GRANT OF NODE-LOCKED LICENSE - If the license is for node-locked use, RSI hereby grants to you a license to use the Software on one single computer (CPU). You may have as many concurrent users on the single CPU as is specifically authorized by the license fees paid. GRANT OF NETWORK LICENSE - If the License is for network use, RSI grants you the right to use the Software on a computer network as follows: You may have as many copies of the Software in simultaneous use on the network as is specifically authorized by the license fees paid. GRANT OF HARDWARE KEY LICENSE - If the License is for use with a hardware key supplied by RSI, you may use the software on any machine with the RSI provided hardware key attached. GRANT OF PERSONAL USE LICENSE - If the License is for personal use, RSI grants you a license to use the software as follows: A Personal Use License allows the software product to be used by a single, designated end user only. The software may be installed on up to 4 separate computer systems (office, lab, laptop and home computer system) using a single operating system and only the designated end user may use the software. A Personal Use License may not be used concurrently on more than one computer system at any time. The Personal Use License is assigned to the designated end user and to a single operating system (i.e. Windows, Macintosh or Linux) US GOVERNMENT RESTRICTED RIGHTS - The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(I) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19 as applicable. Manufacturer is Research Systems, Inc., 4990 Pearl East Circle, Boulder, Colorado, 80301, USA. OWNERSHIP, PROPRIETARY AND COPYRIGHT NOTICES, COPYING, MODIFICATION, AND USE - RSI owns and markets the Software and Documentation and would be harmed by its unauthorized use. United States copyright laws and international treaty provisions protect the Software and Documentation. You must treat the Software and Documentation as copyrighted material and cannot copy it for others to use. You may make one copy of the Software solely for backup or archival purposes. You may modify the Software or combine it with other software subject to the requirement that the derived software is subject to the terms of this Agreement. You may not, however, reverse engineer, decompile or disassemble the Software. You may reproduce written materials provided in this package (the Documentation), but only for your use of the enclosed Software in accordance with the License Grant described above. All such copies must contain the proprietary and copyright notices of the original Documentation. In no case may any copy be distributed to outside parties. DUAL MEDIA - You may receive the Software in more than one media. You may not use the media on any other computer or computer network except as provided by your Research Systems License Agreement. You may not loan, rent, lease, donate, or transfer the Software to another user except as part of a permanent transfer (as provided in the Transfer section of this agreement). TRANSFER - You may transfer the Software, Documentation and this license as a package to another party, but only after all of the following conditions have been met: (a) written notification to RSI, (b) agreement by the transferee be bound by the terms and conditions of this Agreement, and (c) acceptance by RSI. In the event of transfer of the Software, Documentation, and this license as a package, you will destroy all copies of the Software, whether in printed, machine readable, or other form, not delivered to the transferee. EXPORT RESTRICTIONS - Except as specifically authorized by the United States Export Administration Regulations, or by prior written approval of the United States Department of Commerce, Licensee will not re-export, resell, or otherwise dispose of any of the Software or Documentation: (1) to any country not approved for export as brought to Licensee's attention by means of a bill of lading, commercial invoice, or any other means; or (2) to any person if there is reason to believe that it will result directly or indirectly in disposition of the Software or Documentation contrary to the representations made herein or contrary to United States Export Administration Regulations. WARRANTY - RSI warrants that, for a period of sixty days from the date of purchase, the Software shall perform in substantial conformity with the Documentation. If Licensee reports a significant program error that RSI is unable to fix after confirming the existence thereof, RSI will refund the license fee provided Licensee returns the Software and Documentation and all copies thereof and agrees to cease further use of the Software. DISCLAIMER, AND LIMITATIONS OF WARRANTY AND LIABILITY - The foregoing express warranties are given in lieu of all other warranties, whether written, oral or implied (including any warranty of merchantability or of fitness for a particular purpose), such other warranties being hereby disclaimed. RSI does not warrant that the functions contained in the Software will meet Licensee's requirements or will operate in the combinations which may be selected for use by Licensee, or that operation of the software will be uninterrupted or error-free, or that the data stored in the software will not be lost if, for any reason, operation of the Software is interrupted. Refund of the license fee shall constitute the sole remedy of Licensee of the sole liability of RSI for breach of warranty or other injury of license resulting from use of the Software. In no event shall RSI's liability include any special, incidental or consequential damages, even if RSI has been advised of the possibility of such potential loss or damage. DEFAULT - You will be in default hereunder if you breach any provision of this Agreement relating to use or copying of the Software or Documentation, in which case the license granted hereunder shall terminate immediately. You will be in default hereunder if you commit a material breach of any other term of this Agreement which is not remedied within ten days after notice of such violation has been given by RSI. In the event of termination you will discontinue use of the Software and documentation, destroy or return to RSI all copies of the Software and Documentation, and certify in writing to RSI that such copies have been destroyed or returned. In the event you are in default hereunder, all remedies at law and in equity shall be available to RSI. In the event of any suit or claim arising from such default, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. Provisions for use of the IDL Virtual Machine (tm) LICENSE GRANT - RSI grants to you a non-exclusive license to use the IDL Virtual Machine software. The software is subject to specific license terms, as well as specific guidelines contained herein. You agree to be bound by these license terms as well as the specific guidelines related to the IDL Virtual Machine software. You may not sell, alter, modify, license, sublicense, copy, or use the software in any way other than has been specifically authorized by RSI as described herein. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in RSI copyrighted materials or trademarks by installing, downloading, copying, or otherwise using the software and other materials. US GOVERNMENT RESTRICTED RIGHTS - The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(I) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19 as applicable. Manufacturer is Research Systems, Inc., 4990 Pearl East Circle, Boulder, Colorado, 80301, and USA. OWNERSHIP, PROPRIETARY AND COPYRIGHT NOTICES, COPYING, MODIFICATION, AND USE - RSI owns and markets the Software and Documentation and would be harmed by its unauthorized use. The Software and Documentation is protected by United States copyright laws and international treaty provisions. You must treat the Software and Documentation as copyrighted material. You may modify the Software or combine it with other software subject to the requirement that the derived software is subject to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the Software. You may freely distribute the IDL Virtual Machine with other software. You may not alter or modify the installation procedure, suppress the IDL Virtual Machine 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. You 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. You may reproduce written materials provided in this package (the Documentation), but only for your use of the enclosed Software in accordance with the License Grant described above. All such copies must contain the proprietary, copyright notices, and trademarks contained as part of the original Documentation. EXPORT RESTRICTIONS - Except as specifically authorized by the United States Export Administration Regulations, or by prior written approval of the United States Department of Commerce, Licensee will not re-export, resell, or otherwise dispose of any of the Software or Documentation: (1) to any country not approved for export as brought to Licensee's attention by means of a bill of lading, commercial invoice, or any other means; or (2) to any person if there is reason to believe that it will result directly or indirectly in disposition of the Software or Documentation contrary to the representations made herein or contrary to United States Export Administration Regulations. DISCLAIMER, AND LIMITATIONS OF WARRANTY AND LIABILITY - The IDL Virtual Machine Software is provided on an "AS IS" basis. RSI may change or alter this software at any time, and without prior notice. RSI specifically disclaims all express statutory or implied warranties relating to these materials, including but not limited to merchantability or fitness for a particular purpose or non-infringement of any third party rights regarding these materials. RSI shall not be liable to you or to any other party for any loss of profit or revenue or for indirect, incidental, special, consequential, or other similar damages, whether based on tort or other legal grounds even if RSI has been advised or had reason to know of such damages. RSI does not warrant that the functions contained in the Software will meet Licensee's requirements or will operate in the combinations which may be selected for use by Licensee, or that operation of the software will be uninterrupted or error-free, or that the data stored in the software will not be lost if, for any reason, operation of the Software is interrupted. DEFAULT - You will be in default hereunder if you breach any provision of this Agreement relating to use or copying of the Software or Documentation, in which case the license granted hereunder shall terminate immediately. You will be in default hereunder if you commit a material breach of any other term of this Agreement which is not remedied within ten days after notice of such violation has been given by RSI. In the event of termination you will discontinue use of the Software and documentation, destroy or return to RSI all copies of the Software and Documentation, and certify in writing to RSI that such copies have been destroyed or returned. In the event you are in default hereunder, all remedies at law and in equity shall be available to RSI. In the event of any suit or claim arising from such default, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. GOVERNING LAW - This agreement is governed by the laws of the State of Colorado. MrSID Notice: Portions of this software incorporating MrSID functionality are provided under license from LizardTech, Inc. The MrSID software is protected by United States Copyright Law and International Treaty provisions and by U.S. Patent No. 5,710,835. Foreign patents are 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 º 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 º 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 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. GIF/LZW Notice: WARNING - Use of this software for providing LZW capability for any purpose is not authorized unless user first enters into a license agreement with Unisys under U.S. Patent No. 4,558,302 and foreign counterparts. For information concerning licensing, please contact: Unisys Corporation Welch Licensing Department - C1SW19 Township Line & Union Meeting Roads P.O. Box 500 Blue Bell, PA 19424