ERDAS ECW/JP2 Server Read-Only End-user SDK License Agreement 

IMPORTANT - READ CAREFULLY: This ERDAS ECW/JP2 SDK Server Read-Only
License Agreement ("License Agreement") is a legal agreement between You
(either an individual or a single legal entity) and Intergraph
Corporation, Hexagon Geospatial division of Intergraph (``Intergraph''),
for the SDK delivered with this License Agreement. By installing,
copying, downloading, accessing or otherwise using the SDK, You agree to
be bound by the terms of this License Agreement, which shall take
precedence over any other document and shall govern Your use of the SDK.
If You do not agree to the terms of this License Agreement, do not
install or use the SDK.  You agree that this License Agreement is
enforceable against You the same as any written, negotiated contract
signed by You.  If You do not agree to the terms of this License
Agreement, You are not authorized to, and You shall not, download,
install or use the SDK

 1.	DEFINITIONS  

 1.1.	``CPU Core'' means a physical processor on a computer server that
can respond to and execute the basic instructions that drive the
computer. A Central Processing Unit (CPU) may have one or more cores,
and a given server may have multiple CPU sockets that may each contain
multiple cores. 

 1.2.	``Decode'' means to view files compressed either using ECW
technology or JPEG2000 technology.

 1.3.	``Desktop Application'' means desktop software products that You
develop and that permit an end-user to Decode (among other functionality
You develop), and that are intended to be used as self-contained
programs for displaying and processing imagery on the same computing
device.. 

 1.4.	``ECW'' stands for Enhanced Compressed Wavelet.

 1.5.	``ECWP'' is the Enhanced Compressed Wavelet Protocol, by which ECW
and JPEG2000 files residing on a Server may be streamed to a Server
Application and Decoded.

 1.6.	``Encode'' means to compress data using ECW technology or to
otherwise compress using the SDK.

 1.7.	 ``Library'' means file of computing functions, compiled, linked,
and saved separately from the processes that use them, intended for use
by programmers in connection with their development of applications that
use the library.

 1.8.	``SDK'' means the Software Development Kit, that is, the set of
software development tools designed to facilitate development of Server
Applications using the SDK technologies currently marketed and licensed
by Intergraph as ECW/JP2 Server Read-Only End-user SDK, version 5.0 or
higher, consisting of libraries and supporting documents designed to
enable You to write software that enables You as the end-user to Decode
files but not to Encode files.  Among other things, the SDK enables
reading ECWP streams and enables decompression of files having an *.ecw
and *.jp2 extension.  The SDK includes the computer software, object
code copy and all contents of the files, disks, CD-ROMs or other media
with which this License Agreement is provided, including any templates,
printed materials, and online or electronic documentation, all copies,
and any modified versions, enhancements, fixes, patches, updates,  and
upgrades of the SDK, if any, licensed to You by Intergraph, unless a
particular modified version, enhancement, fix, patch, update,  or
upgrade is accompanied by a different license agreement, in which case
that license shall apply in accordance with its terms.  No source code
is included with the SDK.

 1.9.	``Server'' means a computing device in a network that is used to
provide services (such as access to files or shared peripherals or any
other computing function) to other computing devices in the network. 

 1.10.	``Server Application'' means software products that You develop
or maintain and are capable of running on a Server to provide an image
decoding or processing capability.

 1.11.	``Virtualized CPU Core'' means a CPU Core deployed within a
virtual machine environment where the Server CPU Core count does not
reflect the physical CPU count on the host Server. The number of CPU
Cores present on the virtual machine shall reflect the number of CPU
Cores that must be licensed with the SDK.

 2.	LICENSE TO CREATE SERVER APPLICATIONS; PROHIBITED DEVELOPMENT;
APPLICABILITY TO UPGRADES; NO SUPPORT OBLIGATION

 2.1.	Subject to Your ongoing compliance with all of the terms of this
License Agreement, You are hereby granted a limited, nonexclusive,
non-transferable license to operate a single copy of the SDK to embed
within a Server Application that Decodes files of any size but does not
Encode. You assume full responsibility for the implementation of the SDK
to achieve Your intended results, and for the installation, use and
results obtained from the SDK.

 2.2.	For avoidance of doubt, this License Agreement does not permit You
to (a) distribute Server Applications that include the SDK; (b)
distribute Desktop Applications that include the SDK; or; (c) distribute
files outside of the SDK `redistributable' directory; or (c) deploy any
application that combines multiple versions of the ECWSDK.

 2.3.	This Agreement applies to the original SDK received by You, and to
any bug fixes, updates, upgrades, modifications or enhancements provided
to You by Intergraph, unless a particular bug fix, update, upgrade,
modification or enhancement is accompanied by a different license
agreement, in which case that license shall apply in accordance with its
terms

 2.4.	This License Agreement does not entitle You to, and Intergraph
undertakes no obligation to provide, maintenance, support, modified
versions, enhancements, fixes, patches, updates, and upgrades to the
SDK.  Any support, maintenance or similar services that Intergraph makes
available would be provided under a separate agreement.





  3.	OBLIGATIONS AND RESTRICTIONS

 3.1.	No Reverse Engineering or Source Code Distribution.  Components of
the SDK used in Server Applications may be distributed for use in Your
organization only in object code or executable form. You shall not
decompile, disassemble or otherwise reverse-engineer the SDK in an
attempt to discover its source code, or distribute any source code of
the SDK.  Likewise, You must inform Your organizational end-users of the
prohibition from reverse-engineering the SDK. 

 3.2.	Core Restrictions. License fees and installation restrictions for
the SDK are based on the number of CPU Cores present in the Server on
which the SDK is to be installed. The SDK can be licensed in multiples
of four (4) CPU Cores. You are responsible for determining the number of
CPU Cores on your Server and ordering the appropriate number of CPU Core
licenses. For virtualized environments, the Virtualized CPU Core count
shall be used. 

 3.3.	Server Restrictions. The SDK is licensed per Server and per CPU
Core. Additional SDK licenses must be purchased for additional Server
Application use. CPU Core counts cannot be shared across multiple
Servers. For example, You may not share one 16 CPU Core license between
two 8 CPU Core Servers.

 3.4.	Intergraph Proprietary Rights Notice. You must include the
following statement of ownership/copyright notice in the ``About'' box
for each of Your Server Applications, or any other similar location
where You place proprietary rights notices pertaining to third party
software incorporated in the Server Application:

``This application supports the ECW data format and ECWP compression
protocols.  Portions of this computer program are Copyright 2007-2015
Intergraph Corporation. All rights reserved.  Creating compressed files
using ECW technology is protected by one or more of U.S. Patent No.
6,201,897, No. 6,442,298 and No. 6,633,688.''

 3.5.	Prohibition of other actions not explicitly permitted.  You are
not licensed to, and You agree to refrain from, any use, copying, or
distribution of the SDK, or the creation of derivative works thereof,
not explicitly permitted under this License Agreement and will pass on
this prohibition to Your End Users. 

 3.6.	Restriction on Publishing.  You may not, and you may not authorize
anyone else to, publish the SDK for others to copy or use.

 3.7.	No Use of Component Parts.  You may not, and you may not authorize
anyone else to, re-use the component parts of the SDK, including the
Licensing Mechanism, with a different software product from the one You
are licensed to use.  The SDK is licensed as a single product.

 3.8.	Circumvention of Licensing Mechanism.  You may not, and You may
not authorize anyone else to, circumvent any license mechanism in the
SDK or the licensing policy. 

 3.9.	Territorial Restriction.  You may not, and You may not authorize
anyone else to, use the SDK outside the country in which it is licensed
without the prior written consent of Intergraph.

 3.10.	High Risk Use.  The SDK is not one hundred percent (100%)
fault-tolerant.  The SDK is not designed or intended for use in any
situation where failure or fault of any kind of the SDK could lead to
death or serious bodily injury of any person, or to severe physical,
property or environmental damage (``High Risk Use''). You are not
licensed to use the SDK in, or in conjunction with, any High Risk Use.
High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for
example, the following: operation of aircraft or other modes of human
mass transportation, nuclear or chemical facilities, and Class III
medical devices. You hereby agree not to use the SDK in, or in
connection with, any High Risk Use.

  3.11.	Hold Harmless. You shall hold harmless Intergraph from and
against any claims or lawsuits which arise or result from Your use of
the SDK, and/or the use or distribution of any Server Applications,
whether authorized under this License Agreement or not.

 4.	TERM AND TERMINATION

 4.1.	Term. The term of this License Agreement commences when you
install or use the SDK, and will extend until terminated.  You may
terminate this License Agreement at any time by permanently destroying
the SDK together with all copies, modifications and merged portions in
any form.  Intergraph may also immediately terminate this License
Agreement if You fail to comply with the terms and conditions of this
License Agreement, or if You fail to pay the appropriate license fees. 
You agree upon the termination of this License Agreement to cease using
and to permanently destroy the SDK.

  4.2.	Termination for Breach. If You materially breach this License
Agreement and fail to cure that breach to Intergraph's satisfaction
within thirty (30) days after receiving written notice of the breach,
Intergraph shall have the right to terminate this License Agreement any
time after the end of such period.  Termination shall be without
prejudice to Intergraph's right to seek other redress, such as damages
or injunctive relief, for breach of this License Agreement.

 4.3.	Survival Provisions. Notwithstanding termination of this License
Agreement, Intergraph shall enjoy freedom from liability under Section
8; and Your liabilities for past breaches and Your hold harmless
obligations under Section 3.11 shall also survive.

 4.4.	Obligations Upon Termination. Upon termination of this License
Agreement, all licenses shall terminate and You must return to
Intergraph or destroy all copies of the SDK (and any copies,
modifications and merged portions of the SDK in any form, and all of the
component parts of the SDK) that are in Your possession, custody, or
control.

 5.	INTELLECTUAL PROPERTY.

	5.1	Ownership.  

5.1.1	Software. SDKS ARE PROPRIETARY PRODUCTS OF INTERGRAPH AND
ADDITIONAL THIRD PARTIES, AND ARE PROTECTED BY COPYRIGHT LAWS AND
INTERNATIONAL TREATIES. TITLE TO SDKS AND ALL COPIES, MODIFICATIONS AND
MERGED PORTIONS OF A SDKS SHALL AT ALL TIMES REMAIN WITH INTERGRAPH AND
SUCH THIRD PARTIES.  SDKs are licensed, not sold pursuant to this
License Agreement. Intergraph and additional third parties retain all
right, title and interest in and to all SDKs, including, but not limited
to, all Intellectual Property rights in and to each SDK. All rights not
expressly granted to You by this License Agreement or other applicable
third party software license agreement or terms and conditions are
reserved by Intergraph and such third parties.

5.1.2	Intellectual Property.  You acknowledge and agree that Intergraph
and third party manufacturers, as applicable, own all rights in and to
Intergraph's and the applicable third party manufacturer's trade names,
and no right or license is granted to You pursuant to this License
Agreement to use such trade names. You also acknowledge and agree that
Intergraph and third party manufacturers, as applicable, own all right,
title and interest in and to all intellectual property relating to and
for the SDK, including, without limitation, patents, trademarks,
copyrights, inventions (whether registerable or not), trade secrets,
concepts, ideas, methods, techniques, formulae, algorithms, logic
designs, screen displays, schematics, and source and object code
computer programs (collectively, ``Intellectual Property''). If You
bring a patent claim against Intergraph or any third party manufacturer
over patents You claim are being infringed by the SDK, Your patent
license from Intergraph and any applicable third party manufacturer(s)
for the SDK automatically ends.

5.2	Intellectual Property Infringement.

5.2.1	Remedy by Intergraph.  In the event the SDK is, in Intergraph's
opinion, likely to or becomes the subject of a claim of infringement of
any duly issued U.S. Intellectual Property, Intergraph may, at its sole
option and expense (a) procure for You the right to continue using the
SDK; (b) modify the SDK to make it non-infringing, but functionally the
same; (c) replace the SDK with an SDK which is non-infringing, but
functionally the same; or (d) provide a prorated refund to You of the
actual amount You paid Intergraph for the SDK.

5.2.2	Indemnification by You.  In the event any proceeding (suit, claim,
or action) is based (in whole or in part) on modifications, enhancements
or additions made by You or any person or entity on Your behalf, or Your
use of the SDK in combination with other products not furnished by
Intergraph, You agree to hold harmless and defend, at your sole cost and
expense, all of Intergraph's right, title and interest in and to the
SDK, as well as Intergraph's goodwill and reputation both in good faith
and at a standard as if the claim is made against You. You shall
reimburse Intergraph any defense expenses inclusive of reasonable
attorneys' fees expended by Intergraph in defense of said claim, and pay
any judgment rendered against Intergraph. You shall make such defense by
counsel of Your choosing and Intergraph shall reasonably cooperate with
said counsel at Your sole cost and expense. You shall have sole control
of said defense, but You shall allow Intergraph to reasonably
participate in its own defense and You shall reasonably cooperate with
Intergraph with respect to the settlement of any claim.  Notwithstanding
the foregoing, Intergraph may at any time decide to take over any
defense of Intergraph at Intergraph's cost and expense and You shall
render full cooperation and assistance to transfer such defense to
Intergraph and with respect to such defense.

5.3	DISCLAIMER OF INTELLECTUAL PROPERTY WARRANTIES AND LIMITATION OF
LIABILITY.  THE INTELLECTUAL PROPERTY LIMITED WARRANTIES SET FORTH IN
THIS LICENSE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT AND THESE
INTELLECTUAL PROPERTY LIMITED WARRANTIES ALONG WITH THE STATED REMEDIES
REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND LIABILITY OF
INTERGRAPH WITH REGARD TO INTELLECTUAL PROPERTY INFRINGEMENT. THE
INTELLECTUAL PROPERTY LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO
JURISDICTION. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY IS RULED INVALID, THEN INTERGRAPH
DISCLAIMS EXPRESS OR IMPLIED WARRANTIES AND LIMITS ITS LIABILITY TO THE
MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.  IF A GREATER WARRANTY OR
LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS
AGREEMENT, THEN INTERGRAPH WARRANTS THE SDK AND PROVIDES LIABILITY TO
THE MINIMUM EXTENT REQUIRED BY SAID LAW.

 6.	LIMITED WARRANTIES.

6.1	Intergraph warrants to You for a period of thirty (30) days from the
date of shipment that the SDK delivery media will be free of defects in
material and workmanship, provided the SDK is used under normal
conditions and in strict accordance with the terms and conditions of
this License Agreement.  You agree to promptly notify Intergraph of any
unauthorized use, repair or modification, or misuse of the SDK, as well
as any suspected defect in the SDK delivery media.

6.2	Intergraph warrants that it has the right to grant you this license.

6.3	THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, AND REPRESENT THE FULL WARRANTY OBLIGATION OF
INTERGRAPH. THE LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO
JURISDICTION.  IF THIS WARRANTY SECTION DOES NOT ADHERE TO LOCAL LAWS,
THEN THE MINIMUM WARRANTY TERM PRESCRIBED BY THE LAWS OF YOUR
JURISDICTION SHALL APPLY.

 7.	WARRANTY DISCLAIMERS.  

ALL WARRANTIES PROVIDED PURSUANT TO THIS LICENSE AGREEMENT ARE VOID IF
FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN
UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT
LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS
OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO
ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN
THIS LICENSE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, RELATING TO THE SDK, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
HIGH RISK USE AND NON-INFRINGEMENT.  INTERGRAPH DOES NOT WARRANT THAT
THE SDK WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES
INTERGRAPH WARRANT THAT THE SDK WILL OPERATE UNINTERRUPTED OR ERROR
FREE.  THE SDK IS PROVIDED ``AS IS'' AND YOU BEAR THE SOLE RISK OF USING
THE SDK. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES
IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED
WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER
WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO
THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SDK AND PROVIDES LIABILITY
TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 

 8.	LIMITATION OF LIABILITY.  

8.1	YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR USE OF THE SDK. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
INTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF
REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS
INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THIS AGREEMENT AND/OR THE USE OF OR INABILITY TO USE THE
SDK, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.  INTERGRAPH'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
BY YOU TO INTERGRAPH FOR THE SDK AT THE TIME THE INITIAL EVENT GIVING
RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE
LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS
LICENSE AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING
THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF ANY PART OF THIS SECTION IS
HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW.

8.1	In the event the SDK does not substantially comply with the limited
warranties set forth in this License Agreement, Intergraph's entire
liability and Your exclusive remedy shall be, in Intergraph's sole and
absolute discretion, either (i) the modification, repair or replacement
of the SDK; or (ii) a prorated refund to You of the actual amount You
paid Intergraph for the SDK for the period of time that the SDK did not
substantially conform to the limited warranties set forth in this
License Agreement.

8.2	Intergraph is acting on behalf of its suppliers for the sole purpose
of disclaiming, excluding and/or limiting obligations, warranties and
liability as provided in this License Agreement, but in no other
respects and for no other purpose.

 9.	AUDIT.  

Intergraph shall have the right, during Your normal business hours, to
audit Your use of the SDK and Your compliance with the provisions of
this License Agreement.  Intergraph will provide You with thirty (30)
days prior written notice of an audit. The right of audit shall be
limited to twice per calendar year.  Prior to the start of an audit,
Intergraph's personnel will sign a reasonable non-disclosure agreement. 
During the audit, You shall allow Intergraph's personnel to be provided
reasonable access to both Your records and personnel.  The cost of the
audit shall be paid by Intergraph unless the results of the audit
indicate that You have underpaid fees to Intergraph, in which case, You
agree to promptly pay Intergraph any differences in such fees associated
with your use that exceeds the license rights granted to you by the
License Agreement, and You further agree to bear all costs associated
with the audit.

 10.	RESTRICTIONS.

10.1	United States Government Restricted Rights.  If the SDK is
licensed, purchased, or obtained, directly or indirectly, by or on
behalf of a unit or agency of the United States Government, then this
Section 10.1 also applies.

10.1.1	For civilian agencies: The SDK was developed at private expense
and is ``restricted computer software'' submitted with restricted rights
in accordance with the Federal Acquisition Regulations (``FAR'')
52.227-19 (a) through (d) (Commercial Computer Software - Restricted
Rights).

10.1.2	For units of the Department of Defense:  The SDK was developed at
private expense and is ``commercial computer software'' submitted with
restricted rights in accordance with the Defense Federal Acquisition
Regulations (``DFARS'') DFARS 227.7202-3 (Rights in commercial computer
software or commercial computer software documentation).

10.1.3	Notice:  This SDK is ``commercial computer software'' as defined
in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and
FAR 12.212 (Computer Software), which includes ``technical data'' as
defined in DFARS 252.227-7015 (Technical Data) and FAR 12.211 (Technical
Data). All use, modification, reproduction, release, performance,
display or disclosure of this ``commercial computer software'' shall be
in strict accordance with the manufacturer's standard commercial
license, which is attached to and incorporated into the governing
Government contract. Intergraph and any applicable third party software
manufacturer(s) are the manufacturer. This SDK is unpublished and all
rights are reserved under the Copyright Laws of the United States.

 10.2.	Export Restriction. This SOFTWARE PRODUCT, including any
technical data related to this SOFTWARE PRODUCT, is subject to the
export control laws and regulations of the United States, including, but
not limited to the U.S. Export Administrations Act. Diversion contrary
to United States law is prohibited.  This SOFTWARE PRODUCT, including
any technical data related to this SOFTWARE PRODUCT and any derivatives
of this SOFTWARE PRODUCT, shall not be exported or re-exported, directly
or indirectly (including via remote access), under the following
circumstances:

 10.2.1.	To Cuba, Iran, North Korea, Sudan, or Syria, or any national of
these countries.

 10.2.2.	To any person or entity listed on any United States government
denial list, including, but not limited to, the United States Department
of Commerce Denied Persons, Entities, and Unverified Lists
(www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the United
States Department of Treasury Specially Designated Nationals List
(www.treas.gov/offices/enforcement/ofac/), and the United States
Department of State Debarred List
(http://www.pmddtc.state.gov/compliance/debar.html).

 10.2.3.	To any entity if you know, or have reason to know, the end use
is related to the design, development, production, or use of missiles,
chemical, biological, or nuclear weapons, or other unsafeguarded or
sensitive nuclear uses.

 10.2.4.	To any entity if you know, or have reason to know, that an
illegal reshipment will take place.



If the SOFTWARE PRODUCT you received is identified on the media as being
ITAR-controlled, this SOFTWARE PRODUCT has been determined to be a
defense article subject to the U.S. International Traffic in Arms
Regulations (ITAR).  Export of this SOFTWARE PRODUCT from the United
States must be covered by a license issued by the Directorate of Defense
Trade Controls (DDTC) of the U.S. Department of State or by an ITAR
license exemption.  This SOFTWARE PRODUCT may not be resold, diverted,
or transferred to any country or any end user, or used in any country or
by any end user other than as authorized by the existing license or ITAR
exemption.  Subject to the terms of this EULA, this SOFTWARE PRODUCT may
be used in other countries or by other end users if prior written
approval of DDTC is obtained.



You agree to hold harmless and indemnify Intergraph for any causes of
actions, claims, costs, expenses and/or damages resulting to Intergraph
from a breach by you or any User of the export restrictions set forth in
this EULA.  Any questions regarding export or re-export of the SOFTWARE
PRODUCT or concerning ITAR restrictions, if applicable, should be
addressed to Intergraph's Export Compliance Department at 305 Intergraph
Way, Madison, Alabama, United States 35758 or at
exportcompliance@intergraph.com



10.3	Non-disclosure.  You understand that Intergraph possesses
information and data, including, without limitation, Intellectual
Property, that was developed, created or discovered by Intergraph, or
which has become known to or has been conveyed to Intergraph, which has
commercial value in Intergraph's day-to-day business (``Confidential
Information''). Intergraph considers such Confidential Information to be
proprietary and confidential. You agree to treat and maintain as
proprietary and confidential Intergraph's Confidential Information and
any information or data provided by Intergraph, in whatever form, as You
would treat Your own proprietary and confidential information and data,
but in any event, no less than with reasonable care, and to comply with
all license requirements, copyright, patent, trademark and trade secret
laws as they may pertain to any of Intergraph's Confidential Information
or other information or data provided by Intergraph

 11.	BETA SOFTWARE  

If the SDK You received with this License Agreement is pre-commercial
release or beta software (``Beta Software''), then the following
additional terms apply.  To the extent that any provision in this
section is in conflict with any other terms or conditions in this
License Agreement, this section shall supersede such other terms and
conditions with respect to the Beta Software, but only to the extent
necessary to resolve the conflict.  You shall hold all information
concerning Beta Software and Your use and evaluation of such information
and the Beta Software (collectively, ``Beta Software Information'') in
confidence and with the same degree of care You use to keep Your own
similar information confidential, but in no event shall You use less
than a reasonable degree of care; and You shall not, without the prior
written consent of Intergraph, disclose such Beta Software Information
to any person or entity for any reason at any time; provided, however,
it is understood that You may disclose any Beta Software Information to
those of Your representatives who actually need such information for the
purpose of participating in the proposed evaluation and testing (``Beta
Testing'') of the Beta Software, on the condition that, prior to such
disclosure, such representative has been made aware of the terms of this
License Agreement. You shall not use any Beta Software Information for
any reason or purpose other than as necessary for Beta Testing.  You
agree to make no other use of the Beta Software Information or to
incorporate any Beta Software Information into any work or product.  You
acknowledge that the Beta Software is a pre-release, beta version, does
not represent final product from Intergraph, and may contain bugs,
errors and other problems that could cause system or other failures and
data loss.  THE BETA SOFTWARE IS PROVIDED TO YOU ``AS-IS'', AND
INTERGRAPH DISCLAIMS ALL WARRANTY AND LIABILITY OBLIGATIONS TO YOU OF
ANY KIND.  You may use the Beta Software only for evaluation and testing
and not for general production use.  You acknowledge that Intergraph has
not promised or guaranteed to you that Beta Software or any portion
thereof will be announced or made available to anyone in the future,
Intergraph has no express or implied obligation to You to announce or
introduce the Beta Software and that Intergraph may not introduce a
product similar to or compatible with the Beta Software.  Accordingly,
You acknowledge that any research or development that You perform
regarding the Beta Software or any product associated with the Beta
Software is done entirely at Your own risk.  During the term of this
License Agreement, if requested by Intergraph, You will provide feedback
to Intergraph regarding Beta Testing, including error or bug reports. 
Upon receipt of a later unreleased version of Beta Software or release
by Intergraph of a publicly released commercial version of the SDK, You
agree to return or permanently destroy all earlier Beta Software
received from Intergraph.  You agree that You will return or destroy all
unreleased versions of the Beta Software within thirty (30) days of the
completion of Beta Testing when such date is earlier than the date for
Intergraph's first commercial shipment of the publicly released
commercial software.

 12.	MISCELLANEOUS

 12.1.	Governing Law; Venue and Jurisdiction. This License Agreement
shall for all purposes be construed and enforced under and in accordance
with the Laws of the State of Alabama and shall have been deemed to have
been accepted in Madison, Alabama, United States. You and Intergraph
agree that any legal action or proceeding arising, directly or
indirectly, out of or relating to this License Agreement shall be
instituted in the Circuit Court for Madison County, Alabama, United
States or the United States District Court for the Northern District of
Alabama, Northeastern Division.  You and Intergraph agree to submit to
the jurisdiction of and agree that venue is proper in these courts for
any such legal action or proceedings. This License Agreement shall not
be governed by the conflict of law rules of any jurisdiction or the
United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.

 12.2.	Waiver of Jury Trial.  Intergraph and you Each hereby waive, to
the fullest extent permitted by applicable law, any right either may
have to a trial by jury for any legal proceeding arising, directly or
indirectly, out of or relating to this eula.  Both intergraph and you
(I) certify that no representative, agent or attorney of any other Party
has represented, expressly or otherwise, that such other Party would
not, in the event of litigation, seek to enforce the foregoing waiver;
and (II) acknowledge that both intergraph and you have been induced to
enter into this LICENSE AGREEMENT by, among other things, the mutual
waivers and certifications in this waiver of jury trial.

 12.3.	Injunctive Relief; Cumulative Remedies.  In addition to the
termination right set forth above, You acknowledge that Intergraph will
be irreparably harmed if You breach this License Agreement or infringe
or otherwise violate the intellectual property rights of Intergraph,
that damages or other remedies at law would be inadequate, and that
Intergraph shall be entitled to equitable relief, including temporary
restraining orders and preliminary and permanent injunctive relief
against any such breach or violation, without any requirement of bond or
other security.

 12.4.	Attorneys' Fees and Costs.  In the event of any legal proceeding
arising out of or relating to this License Agreement, the prevailing
party in such action shall be entitled to an award of its reasonable
attorneys' fees and costs for all such legal proceedings, including for
trial and all levels of appeal.

 12.5.	Governing Language.  The controlling language of this License
Agreement is English.  If you received a translation of this License
Agreement into another language, it has been provided for your
convenience only.

 12.6.	Entire Agreement. This License Agreement sets forth the entire
agreement and understanding of the parties relating to the subject
matter herein and merges all prior discussion(s) between them. No
modification of or amendment to this License Agreement, nor any waiver
of any rights under this License Agreement, will be effective unless set
forth in writing signed by officers of both parties hereto.  

 12.7.	Notices. Any notice to Intergraph required or permitted by this
License Agreement shall be in writing and either delivered by hand or
sent by prepaid, registered or certified mail, return receipt requested,
or by nationally recognized overnight courier service, addressed to
Intergraph Corporation, attention: Hexagon Geospatial Divisional
Counsel, 305 Intergraph Way, Madison, AL  35758, USA. 

 12.8.	Assignment and Binding Effect. You may not transfer or assign
Your rights or obligations under this License Agreement without the
prior written consent of Intergraph.  This License Agreement will be
binding upon and inure to the benefit of the parties hereto, and to
Intergraph's successors and assigns and Your permitted successor and
assigns, if any.

 12.9.	Partial Invalidity. If any provision of this License Agreement is
held to be invalid by a court of competent jurisdiction, then the
remaining provisions will nevertheless remain in full force and effect. 

 12.10.	No Waiver. No waiver of any term or condition of this License
Agreement will be valid or binding on either party unless the same will
have been mutually assented to in writing by an officer of both parties.
Intergraph's decision at any time to refrain from enforcing any of the
provisions of the License Agreement, or the failure to require at any
time performance by You of any of the provisions of this License
Agreement, will in no way be construed to be a present or future waiver
of such provisions, nor in any way affect the validity of an effort by
Intergraph to enforce each and every such provision thereafter.

 12.11.	Interpretation.  Headings are provided for convenience but are
not part of this License Agreement.  Words in the plural have the same
meaning as words in the singular, except multiplied.  Defined conjugate
verbs have the same meaning as the defined derivative, modified as
appropriate in context.  (For example, Decoding has similar meaning to
the defined term Decode.)



ECW/JP2 SDK Server Read-only End-user SDK v5.5 08072019