Copy of License Agreement

LizardTech Computer Software License Agreement for LizardTech Commercial Software

NOTICE TO USER: THIS IS A CONTRACT

LizardTech is willing to license the enclosed "Software" (defined below) and Related Materials to You on the condition that You accept all of the terms and conditions contained in this License Agreement ("Agreement"). Please read the terms and conditions carefully before installing or using the Software. By installing or using the Software, You are indicating Your acceptance of this Agreement. If You do not understand or agree to the terms of this Agreement, LizardTech is unwilling to license the Software to You. In that event, You should either not download the Software, or return the Software and all Related Materials to LizardTech with any packaging unopened, as applicable.

Note: This statement accurately reflects Your rights; however, You may find in the installed documentation accompanying Your respective copies of the Software, a separate end-user license, which works in conjunction with this Agreement. Some Software is installed with an independent end-user license agreement which, along with this Agreement, are together complete statements of Your rights as they apply to Your use of the Software.

IF THIS SOFTWARE IS AN UPGRADE, in addition to the terms stated beginning with and after Section 1, the terms in this paragraph apply to Your use of the Software. This Software works in conjunction with a specific LizardTech computer software product previously installed on Your computer or system ("Previous Version"), and the terms of this Agreement apply jointly to Your use of the Software and Previous Version. Any licenses granted in this Agreement complement, and are not granted in addition to, those licenses granted in the end-user license that accompanied the Previous Version to which this Software applies. By accepting this license, You indicate that You understand and agree that (i) the license conveyed herein does not permit You to run additional copies of the Software or Previous Version, and (ii) in the event that any provision of the Agreement is deemed inconsistent when interpreting this Agreement with the end-user license that accompanied the Previous Version, the terms of this Agreement shall control. If You are unsure whether the Software is an upgrade from a Previous Version, contact LizardTech.

IF THIS SOFTWARE IS A NOT-FOR-RESALE (NFR) COPY, in addition to the terms stated beginning with and after Section 1, the terms in this paragraph apply to Your use of the Software. NFR copies of Software cannot be, by any means, licensed to, sold to, or otherwise used for any productive or commercial purpose. NFR Software is solely to be used for the purpose of evangelizing the Software and LizardTech, and the use of which must at all time inure solely to the benefit of LizardTech. If You are unsure whether the Software is NFR copy, contact LizardTech.

IF THIS SOFTWARE IS A DEMONSTRATION COPY, in addition to the terms stated beginning with and after Section 1, the terms in this paragraph apply to Your use of the Software. Demonstration Copies of the Software contain restrictions in time of use, volume of use, or other restrictions not contained in the commercial version of the Software. You may use the Software to determine whether to purchase a commercial version of the Software. If You are unsure whether the Software is a Demonstration Copy, contact LizardTech.

IF THIS SOFTWARE IS AN EVALUATION COPY, in addition to the terms stated beginning with and after Section 1, the terms in this paragraph apply to Your use of the Software. Evaluation copies of Software cannot be, by any means, licensed to, sold to, or otherwise used for any productive or commercial purpose. If You do not opt to purchase an ongoing license to the Software, any files (without limitation) created through Your use of the Software must be deleted or destroyed and You must return or destroy, at LizardTech's option, the Software, as well as sign an affidavit stating that You have completed these actions. If after fifteen (15) days following the end of the evaluation period LizardTech has not received either a purchase order for the Software You were evaluating, or said affidavit, LizardTech will invoice You for the cost of the Software and You agree that You will then be obligated to pay said invoice within fifteen (15) days of its receipt. If You are unsure whether the Software is an evaluation copy, contact LizardTech.

IF THIS SOFTWARE IS AN EDUCATIONAL PRICING PROGRAM (EPP) COPY, in addition to the terms stated beginning with and after Section 1, the terms in this paragraph apply to Your use of the Software. EPP copies of Software can only be used for educational and research purposes, and cannot be, by any means, licensed to, sold to, or otherwise used for any commercial purpose. Any access of the EPP Software or its output by any person outside the educational facility is prohibited. To maintain EPP status, You agree to purchase annual maintenance and support. If You are unsure whether the Software is an EPP copy, contact LizardTech.

1. Licenses. In this Agreement, "Software" shall mean the machine readable LizardTech commercial software program(s) You received, including any associated files, modified versions, upgrades or other copies of such programs and files, and any associated media and printed materials. You may not modify, reverse engineer, disassemble or decompile, or otherwise seek to discover the source code of the Software. You may not rent, sublicense, or otherwise provide unlicensed third parties access to any version(s) of the Software or Related Materials, or Your rights under this Agreement. You may permanently transfer all of Your rights under this Agreement only after You receive written authorization from LizardTech.

If the Software is a browser plug-in for viewing MrSID or DjVu format files via a standard web browser ("Plug-in") that is deployed via a manual installer, You are permitted to copy and redistribute said manually-installed Plug-in Software, as provided herein. If You are unsure whether the Software is a manually-installed Plug-in, contact LizardTech at licensing@lizardtech.com. Otherwise, You may make only one (1) nonproductive backup copy of the Software. In the event of any such permissible copying of Software Your copy must include all the intact files that came with the Software, including without limitation the installer. If Your copy is stored on any form of tangible media, You must affix a permanent label stating:

This Software is property of LizardTech, Inc. Copyright (c) 2005, LizardTech, Inc., 1008 Western Ave., Suite 200, Seattle, WA98104. All rights reserved. Use permitted only under license from LizardTech, Inc.

If the Software requires that You initially contact LizardTech for a specific key code before it will operate, You are permitted to move the Software from the CPU onto which You initially install it, to another CPU, only one (1) time per year without incurring any additional charges from LizardTech. Thereafter, each time You contact LizardTech requesting a key code You will incur LizardTech's then-current service and handling charge.

1.1 Scope of Permitted Use for GeoExpress and Document Express Software. You have the nonexclusive, nontransferable right to install and use the GeoExpress or Document Express Software on a single central processing unit for Your own, internal use only.

1.2 Scope of Permitted Use for LizardTech Express Server (LTES) Software. You have the nonexclusive, nontransferable right to install and use the LTES Software on one (1) central processing unit (CPU) or one (1) server, for Your own use, to support users accessing the Software via an internal network (e.g. intranet) or via the Internet, or other external network (i.e. to support Website content). The number of users using a single CPU that You may permit to access the Software for the purposes, or in the workflow, described herein, is determined by the number of Concurrent Access Licenses ("CALs") You have purchased from LizardTech, as provided below. In addition, and notwithstanding the number of CALs You have purchased, You have the non-exclusive, nontransferable right to install and use the Software on one (1) CPU for Your internal development use (e.g., for testing or a "mirror site" that is not used to support an intranet or Internet application or workflow, or any productive purposes) and for nonproductive purposes.

(a) Use of Express Server SDK, Including Sample Source Code. The Software includes a Software Developer's Toolkit (including sample source code), the Express Server SDK ("SDK"), which permits You to customize the Software for Your own use. This subsection contains additional license provisions that apply to the SDK. Notwithstanding the number of CALs You have purchased, You have the royalty-free, non-exclusive, nontransferable right to install and use the SDK for internal development purposes only, on up to ten (10) CPU's in Your own facilities, but these development installations cannot support any intranet or Internet application or workflow, or otherwise be used for any productive purposes. You may not subcontract development use of the SDK unless the subcontractor(s) agree in writing to abide by the provisions of this Agreement. You may not modify, reverse engineer, disassemble or decompile, or otherwise seek to discover the source code of the SDK, except those portions of the SDK delivered to You as source code.

If You develop a custom application through the use of the SDK, that application may be installed and used in lieu of or in connection with the standard Software, but may not be used in addition, and independently to, the standard Software. Use of the Software both (i) as packaged in unmodified form (i.e. the standard Software), and (ii) as any custom application developed by You through the use of the SDK, counts against Your permitted one (1) CPU or server installation, and must be supported by corresponding CALs. Without limitation, You may not deploy a custom application developed through the use of the SDK concurrently with the standard Software unless the two operate as a single application, and said operation is otherwise consistent with the terms of this Agreement.

In no case may You distribute either the SDK or any custom application You (or Your subcontractor, if applicable) develop through its use, to third persons. Redistribution of any source code is expressly prohibited. Subject to the license You are granted in this Agreement, LizardTech retains all right title and interest in the SDK. However, You may claim copyright ownership in any macros, scripts, or other computer code authored by You that adds additional functionality to the SDK.

Except as permitted in this Agreement, You are not granted the right to prepare, and are expressly prohibited from preparing, any Derivative Works based on the Software. For purposes of this Agreement, "Derivative Work" means a work which is based upon one or more preexisting works, and which is a revision, modification, translation, abridgment, condensation, expansion, collection, compilation, or any other form in which such preexisting works may be recast, transformed, or adapted, and which, if prepared without authorization by the owner of a preexisting work, would constitute a copyright infringement under applicable law. If You would like to distribute an application developed using the SDK, or that incorporates all or a portion of the SDK, contact LizardTech at buspartners@lizardtech.com for information on how to procure the necessary license rights.

(b) Use of auto-installer for MrSID or DjVu Plug-in. The Software contains auto-installers ("auto installers") for the MrSID and DjVu Plug-ins which permit users who access the Software to download Plug-ins. You may elect to disable this capability of the Software, at its option. If You opt to permit/enable auto-installer distribution of the Plug-ins, You may not modify, alter, or otherwise interfere with the operation of the auto-installer. You are not granted any distribution rights for the Plug-ins, except as enabled by the normal and intended operation of the auto-installer. Without limiting the foregoing, under no circumstance are You permitted to distribute software libraries identified as MrSIDI.cab, MrSID_BPI.cab, MrSIDI.jar, MrSIDI.OCX or DjVuControl.cab.

(c) Bug Fixes. To the extent possible without violating this Agreement, You may fix bugs, if any, in the Software, provided that: (i) You immediately inform LizardTech of any such bug fixes and supply LizardTech with a copy of all computer programs (in source code form) relating to such bug fixes, and (ii) LizardTech owns all rights, title and interest in and to such bug fixes. You agree to assign to LizardTech all rights, title and interest in and to such bug fixes and any intellectual property rights pertaining thereto.

(d) Concurrent Access Licenses (CALs). CALs are licenses You purchase that permit a quantity of users to access the Software at the same time. You must purchase a number of CALs corresponding to the maximum number of users permitted to access the Software simultaneously. For example, if You use the Software on an intranet accessed by a maximum of twenty-five (25) users at the same time, You need to purchase twenty-five (25) CALs. For questions regarding CALs, contact Your LizardTech sales representative or email LizardTech at licensing@lizardtech.com.

With Your purchase of the Software, You receive ten (10) CALs. If You require more CALs, You may purchase them from LizardTech.

1.3 Data and Page Cartridges. This Software may employ Data or Page Cartridges ("Cartridges"). Cartridges work in conjunction with specific GeoExpress or Document Express Software previously installed on a user's system. Cartridges may be installed on a single central processing unit or on a network server that permits access by as many users as You have purchased Software licenses. If the Software employs Cartridges: (i) the portion of the Software that enables Cartridges is licensed under this Agreement as part of the Software to which it applies, and the license conveyed herein with regard to Your use of the Software (and, as applicable, its corresponding Cartridge or Cartridges) is cumulative; (ii) You are expressly prohibited from attempting to separate a Cartridge from its corresponding Software, or from running these components separately.

2. Proprietary Rights. LizardTech and/or its suppliers own the Software and You acknowledge that the structure, organization, and/or code to the Software is/are the valuable trade secret(s) of LizardTech and is/are protected by United States Copyright Law and International Treaty provisions. The Software is protected by U.S. Patent No. 5,710,835 or 6,058,214. Additional US and Foreign Patents Pending. You agree to hold such trade secret(s) in confidence. You further agree not to translate, decompile, disassemble, modify, reverse engineer, or otherwise attempt to discover the source code of the Software, in whole or in part.

2.1 Third-party Software or Code in Document Express Products. If the Software encodes documents into DjVu-formatted files (*.djvu or *.djv), the following notices may apply: AT&T PROPRIETARY RIGHTS: Powered by AT&T Labs technology. I.R.I.S. PROPRIETARY RIGHTS: Optical character recognition (OCR) capabilities, if any, are provided under license from Image Recognition Integrated Systems. JPEG PROPRIETARY RIGHTS: Portions of this software are based in part on the work of the Independent JPEG Group. LEAD TOOLS PROPRIETARY RIGHTS: Portions of this product were created using LEADTOOLS (c)1991-2001, LEAD Technologies, Inc. ALL RIGHTS RESERVED. LIBCRYPT PROPRIETARY RIGHTS: Compilation Copyright (c) 1995-2001 by Wei Dai. All rights reserved. OpenSSL PROPRIETARY RIGHTS: Copyright (c) 1998-2003 The OpenSSL Project. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)." 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org. 5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. 6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit http://www.openssl.org/)" THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim

Hudson (tjh@cryptsoft.com). UNISYS PROPRIETARY RIGHTS: Support for TIFF(tm)-LZW (reading the file format), if any, is under license from Unisys Corporation. The LZW capability is protected under the foreign counterparts of former U.S. Patent No. 4,558,302. This Agreement does not authorize or permit You to use any other product or perform any other method or activity involving the use of LZW. Any other use of LZW will require that You obtain a separate LZW license in writing from Unisys. ARTIFEX: Portions Copyright (c) 2001 artofcode LLC; Copyright (c) 1996, 2001 Artifex Software Inc.; Copyright (c) 1998 Soft Horizons. Artifex and the Ghostscript logo are registered trademarks and the Artifex logo and Ghostscript are trademarks of Artifex Software, Inc. PostScript is a trademark of Adobe Systems Incorporated. PCL is a trademark of Hewlett Packard Company. WEI DAI: portions of the Software are copyright (c) 1995-2001 by Wei Dai. GSOAP PROPRIETARY RIGHTS: Part of the software embedded in this product is gSOAP software. Portions created by gSOAP are Copyright (C) 2001-2003 Robert A. van Engelen, Genivia Inc. All Rights Reserved. THE GSOAP SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY GENIVIA INC AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

2.2 Third-party Software or Code in GeoExpress Products. If the Software encodes documents in MrSID-formatted files (*.sid or *.lti), the following notices may apply: LEICA GEOSYSTEMS PROPRIETARY RIGHTS: IMG file support, if any, is provided under license from Leica Geosystems, Inc. As part of this file support, the following applies: Time conversion support is implemented using the time library, Copyright (c) 1985-89, Free Software Foundation, Inc. Regular expression parsing and support is implemented using the extended regular expression matching and search library, Copyright (c) 1985-89, Free Software Foundation, Inc. The source code necessary to build the gnutim or ergx libraries is available under the GNU Library General Public License. For more information regarding this license, please refer to http://www.opensource.org. IBM PROPRIETARY RIGHTS: some Software that encodes files into MrSID-format incorporates compression and decompression functionality that is proprietary to and under license from IBM and is copyright (c) 1999. All Rights Reserved. LizardTech assumes responsibility for all IBM proprietary intellectual property incorporated into the Software, which may be construed as a derivative work licensed by a third party. INDEPENDENT JPEG GROUP PROPRIETARY RIGHTS: This Software is based in part on the work of the Independent JPEG Group. LEFFLER AND SGI PROPRIETARY RIGHTS: Copyright (c) 1988-1997 Sam Leffler, Copyright (c) 1991-1997 Silicon Graphics, Inc. UNISYS PROPRIETARY RIGHTS: Support for TIFF(tm)-LZW (reading the file format), if any, are under license from Unisys Corporation. The LZW capability is protected under foreign counterparts of U.S. Patent No. 4,558,302. This Agreement does not authorize or permit You to use any other product or perform any other method or activity involving the use of LZW. Any other use of LZW may require that You obtain a separate LZW license in writing from Unisys. GDAL PRORIETARY RIGHTS: Copyright (c) 2000, Frank Warmerdam. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.WEI DAI: portions of the Software are copyright (c) 1995-2001 by Wei Dai. Unisearch: portions of the Software were developed using KAKADU software. GSOAP PROPRIETARY RIGHTS: See notice in Section 2.1.OpenSSL PROPRIETARY RIGHTS: See notice in Section 2.1.

2.3 Third-party Software or Code in LTES Products. If the Software is a LTES software product, the following notices may apply: APACHE SOFTWARE PROPRIETARY RIGHTS: LTES includes the Tomcat software and xalan.jar and xerces.jar Java libraries which are Copyright (c) 1999 The Apache Software Foundation. All rights reserved, and which are used in the Express Server under license. AT&T PROPRIETARY RIGHTS: Powered by AT&T Labs technology. BORIS FOMITCHEV PROPRIETARY RIGHTS: LTES for Linux/Solaris contains STLport code. STLport 4.0 is copyright (c) 1999, 2000 Boris Fomitchev. INDEPENDENT JPEG GROUP PROPRIETARY RIGHTS: This Software is based in part on the work of the Independent JPEG Group. ZTHREAD PROPRIETARY RIGHTS: LTES for Linux/Solaris contains the ZThread Library, v. 1.2.1. The ZThread Library is made available subject to the GNU Lesser General Public License, Version 2.1, February 1999 ("LGPL"). The source code for the ZThread Library, as well as a copy of the LGPL, are contained on the diskette or CD on which You obtained the Express Server for Linux/Solaris software (or, in the case of electronic distribution, from the LizardTech Website, are made available at the LizardTech Website). The LGPL defines Your rights with respect to the ZThread Library ONLY. The LGPL does NOT apply to any portion of the Express Server for Linux/Solaris.

3. No Other Rights. LizardTech retains title and ownership to any and all copies of the Software whether transmitted electronically or recorded as diskette or CD copies and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. Except as expressly stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software.

4. Term. This Agreement is effective until terminated. This Agreement shall terminate automatically upon failure by You to comply with any of its terms. Upon any such termination You must destroy the original and any copies of the Software. However, You agree that any provisions of this Agreement that operate to protect LizardTech shall remain in force.

5. LIMITED WARRANTY. With the exception of Cartridges, which come without warranty of any kind, including no right of refund or return, LizardTech warrants that the Software will perform substantially in accordance with published specifications for ninety (90) days following Your receipt of the Software, regardless of whether You opened the packaging in which You received the Software, or otherwise used the Software. In addition, any media on which the Software is provided will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt, ceteris paribus. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, THE SOFTWARE AND RELATED MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. LIZARDTECH AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION. LIZARDTECH MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

During the Warranty Period, LizardTech's entire liability and Your exclusive remedy shall be either, at LizardTech's option, the replacement of the Software or the refund of the license fee paid for the Software if You return all Software and Related Materials to LizardTech together with proof of purchase. LizardTech will not accept returns based on "buyer's remorse," or any other grievance unrelated to a material flaw or defect with the Software. IN NO EVENT WILL LIZARDTECH REFUND ANY LICENSE FEES MORE THAN FOURTEEN (14) DAYS AFTER THE DATE YOU FIRST USED THE SOFTWARE, WITHIN THE NINETY (90) DAY PERIOD NOTED ABOVE. YOU AGREE THESE ARE YOUR ONLY REMEDIES EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE(S).

IN NO EVENT SHALL LIZARDTECH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR OPPORTUNITIES, EVEN IF A LIZARDTECH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow the above exclusion or limitation of warranties, remedies or damages, so the above exclusions or limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights which vary from state to state or province to province. For further warranty information, contact LizardTech.

6. Support. When You have paid the Initial License Fee for the Software, You will receive free email technical support and product updates for a period of thirty (30) days. Thereafter You will be entitled to email as well as telephone technical support and product updates ONLY if You have paid the annual license maintenance fee for the Software at LizardTech's published rates for the period. Nothing in this Agreement will be construed to require LizardTech to update the Software. Any modification of the Software by You voids LizardTech's support obligation. No development or other support for Your use of the LTES SDK is included.

7. WARNING. This Software is not designed nor tested for a level of reliability suitable for use in any information system the failure of which can reasonably be expected to cause personal injury. The Software may contain bugs and inaccuracies and You can expect errors, anomalies, and incorrect results under normal use. This Software performs "lossy" data compression. You agree to take precautions to offset these risks such as to maintain full backups of storage media and to not use the Software where personal injury or property damage may result. LizardTech recommends that You retain the original image files or documents from which You create Genuine Fractals, DjVu or MrSID-formatted files.

8. Government Reserved Rights. This applies to LTES products and to Software that encodes files into MrSID-formatted files only. Patented Technology incorporated in the Software was developed in part through a project at the Los Alamos National Laboratory (LANL) funded by the U.S. Government, and managed under contract by the Regents of the University of California(University). The MrSID Technology is under exclusive commercial license to LizardTech. The U.S. Government and the University have certain reserved rights in the Technology as set forth in this Agreement. For further information, contact LizardTech.

(a) Unless required by law, the use of the name "the University of California" or the name of any facility or campus of the University of California in connection with Your use of the Software or any other aspect of this Agreement is expressly prohibited.

(b) 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.

(c) 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 the Patent Rights 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.

(d) LizardTech maintains a discount program for sales of software products incorporating the licensed technology to the U.S. Government, or any agency thereof, or any U.S. Government contractor who certifies that its purchase of such software is for, or on behalf of, the U.S. Government.

(e) The University may assign its rights in its License with LizardTech.

(f) Should LizardTech's rights in the MrSID Technology under its license with the University for any reason terminate during the term of this Agreement, such event will automatically operate as an assignment by LizardTech to the University of all LizardTech's rights, title, and interest in this Agreement. In such case, if You are not in default of the terms and conditions herein, You may continue to use the Software under the terms of this Agreement. All provisions for the protection of LizardTech would then protect the University.

(g) The University makes no warranty or representation as to the validity or scope of its Patent Rights, nor that LizardTech software to the extent it incorporates the patented technology will not infringe any patent or other proprietary right and has no obligation to bring or prosecute any actions for patent infringement to protect Your use of the Software. The University has no obligation to furnish any know-how, technical assistance, or technical data to You.

9. Notice to Government End Users. This applies to LTES products and to Software that encodes files into MrSID-formatted files only. If this Software is acquired by or on behalf of any unit or agency of the United States Government this provision applies. This Software: (a) is a trade secret of LizardTech for all purposes of the Freedom of Information Act; (b) is provided with RESTRICTED RIGHTS in accordance with subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights Clause at 48 CFR 52.227-19; (c) in all respects is proprietary data belonging solely to LizardTech; and (d) all rights are reserved under the copyright laws of the United States. For units of the Department of Defense (DoD), this Software is licensed only with "Restricted Rights" as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Government users other than under a DoD or GSA contract are notified that use of this Software is subject to restrictions that are the same as or similar to those set forth above.

10. Governing Law. This Agreement will be governed by the laws in force in the State of Washington, U.S.A. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11. Export Control. You agree that the Software will not be shipped, transferred, or exported or re-exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. Specifically, and without limitation, You agree that the Software will not be downloaded or otherwise exported or re-exported to (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country or person to which the United States has embargoed goods. By agreeing to this Agreement, You are certifying that You are not national of one of these countries, or otherwise a person with whom the U.S.government has prohibited trade.

12. Entire Agreement. You acknowledge that You have read this Agreement, understand it and that it is the complete and exclusive statement of Your Agreement with LizardTech, which supersedes any prior Agreement, oral or written, between LizardTech and You. No variation of the terms of this Agreement will be enforceable against LizardTech unless LizardTech gives its express consent, in writing signed by an officer of LizardTech.

Standard End User License r28 012705.doc