License QGIS
License QGIS
License QGIS
1. QGIS
2. SZIP compression library
3. Oracle Instant Client
4. MrSID Raster Plugin for GDAL
5. ECW Raster Plugin for GDAL
----------
1. License of 'QGIS'
Preamble
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----------
The SZIP Science Data Lossless Compression Program is Copyright (C) 2001
Science & Technology Corporation @ UNM. All rights released.
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----------
1. LICENSE GRANT
1.1 DSDK. DSDK and any and all associated media, printed materials, and "online" or
electronic documentation
provided with DSDK are protected by copyright laws and international copyright
treaties, as well as other intellectual
property laws and treaties, and is licensed, not sold. LICENSEE shall not modify,
reverse engineer, disassemble or
decompile or otherwise seek to discover the source code or trade secrets of DSDK.
LICENSEE shall not use DSDK
to develop products or allow others to develop products that encode files into the
MrSID format.
1.2 Development License Grant. LIZARDTECH hereby grants to LICENSEE a nonexclusive
license to install DSDK
on a reasonable number of CPUs in LICENSEE's own facilities only for its own
internal use and development of
Licensed Products that use DSDK to view *.sid files.
1.3 Distribution License Grant. Subject to the terms and conditions of this
Agreement, LIZARDTECH hereby grants to
LICENSEE a nonexclusive, worldwide, nontransferable right to distribute DSDK in
object code format with the
Licensed Products. For avoidance of ambiguity, LICENSEE is not permitted to
distribute DSDK source code libraries.
LICENSEE may distribute DSDK with the Licensed Products to sublicensees (and such
sublicensees may further
sublicense DSDK with the Licensed Products to other sublicensees) provided:
(a) a notice regarding LIZARDTECH or its licensors' ownership rights shall be
provided with the Licensed Products
as set forth in Subsection 2.2 below;
(b) DSDK shall only be sublicensed under license terms as set forth in Subsection
1.3(d) below and any and all
distribution of DSDK with the Licensed Product does not cause, or could be
interpreted or asserted to cause, DSDK
to become subject to the terms of any Open Source license, including but not
limited to the GNU Public License;
(c) any and all distribution of DSDK shall not (i) create, or purport to create,
any obligations for LIZARDTECH or its
licensors with respect to DSDK; or (ii) grant, or purport to grant, to any third
party any rights to or immunities under
LIZARDTECH or its licensors' intellectual property or proprietary rights in DSDK;
(d) DSDK shall be sublicensed to any and all sublicensees subject to a license
agreement that provides
LIZARDTECH and its licensors with the same protections and requirements as set
forth in Sections 1.1, 1.3, 1.4, 2, 3,
4, and 6.1. For the avoidance of ambiguity, LICENSEE and any and all sublicensees
may not sublicense DSDK
separately from the Licensed Products.
1.4 Rights in DSDK. LIZARDTECH and its licensors retain all right, title to, and
ownership of all applicable intellectual
property rights such as patent, copyrights and trade secrets in DSDK (including
Updates as defined in Section 2.3)
and any associated documentation. Without limiting its rights in any way,
LIZARDTECH hereby specifically reserves
the worldwide nonexclusive right to develop, use, reproduce and distribute DSDK
directly to other integrators,
distributors and/or end-users. DSDK, including features and related information,
are unpublished software, trade
secret, confidential or proprietary information of LIZARDTECH or its licensors.
DSDK is a "commercial item," as that
term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), any use,
modification, reproduction,
release, performance, display, or disclosure of DSDK by the U. S. government shall
be solely in accordance with the
terms of this Agreement. Except as expressly permitted pursuant to Section 1.3,
LICENSEE shall not rent, sell, lease,
disclose or otherwise provide DSDK, associated documentation or any related
information to any third party and will
use such efforts, and in no event less than a commercially reasonable effort, to
protect DSDK, associated
documentation or related information as LICENSEE uses to protect its own trade
secret, confidential or proprietary
information.
2. OBLIGATIONS OF LICENSEE
2.1 Trademark Usage. LIZARDTECH grants to LICENSEE a nonexclusive, nontransferable
limited license to use and
display LIZARDTECH's trademarks, logos or other elements of its branding
(collectively "Trademarks") in connection
with LICENSEE'S license rights granted hereunder with respect to DSDK, provided,
however, such use shall be
subject to the terms in the Trademarks: Limited License provision located in the
Terms of Use at
www.lizardtech.com. LICENSEE agrees to abide by such terms and LICENSEE further
agrees to monitor the above
referenced Trademarks: Limited License provision for any updates or amendments to
such terms.
2.2 Proprietary Rights Notice. LICENSEE must include in all Licensed Products all
ownership/copyright, Trademark,
trade secret and other intellectual or proprietary rights notices accompanying the
Licensed Products in the About Box
for all Licensed Products, or any other similar location where LICENSEE places
proprietary rights notices pertaining
to third-party software incorporated in the Licensed Products. At a minimum,
LICENSEE shall include the following
notice in all Licensed Products:
Portions of this computer program are copyright (c) 1995-2016 Celartem, Inc., doing
business as LizardTech. All
rights reserved.
2.3 Licensed Product Support and Updates. LICENSEE is responsible for the support
of all Licensed Products.
LICENSEE agrees to use commercially reasonable efforts to implement Updates
provided by LIZARDTECH into the
next scheduled release of the Licensed Products. LIZARDTECH may, but is not
obligated to, provide such Updates
to DSDK. Updates shall mean maintenance revisions that correct identified errors
in, or provide bug fixes for DSDK
and may also include support for additional file formats.
3. DISCLAIMER OF WARRANTIES. LIZARDTECH AND ITS LICENSORS PROVIDE DSDK "AS IS" AND
WITH ALL
FAULTS. LIZARDTECH, ON BEHALF OF ITSELF AND ITS LICENSORS, DISCLAIMS ALL
WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER RELATING TO THE DSDK,
INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR
WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OR OF A LACK OF VIRUSES, ALL
WITH
REGARD TO DSDK. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO DSDK.
6. MISCELLANEOUS
6.1 Export Controls. LICENSEE shall not export or reexport DSDK or any direct
product thereof without the
appropriate United States or foreign government export licenses, notifications or
approvals.
6.2 Governing Law, Jurisdiction and Dispute Resolution. This Agreement shall be
governed in accordance with the
laws of the United States of America, and in the absence of applicable federal law,
the laws of the State of Oregon
will apply. Further, and notwithstanding anything to the contrary in this Agreement
(including but not limited to Section
6.2, Governing Law, Jurisdiction and Dispute Resolution), all claims, demands,
complaints and disputes will be
subject to the Contract Disputes Act (41 U.S.C. 601-613), the Tucker Act (28 U.S.C.
1346(a) and 1491), or the
Federal Tort Claims Act (28 U.S.C. 1346(b), 2401-2402, 2671-2672, 2674-2680), as
applicable, or other
applicable governing authority. For the avoidance of doubt, if LICENSEE is an
agency of the federal government of
the United States, then LICENSEE's attorney fee obligations are only applicable to
the extent they would not cause
LICENSEE to violate any applicable law (e.g., the Anti-Deficiency Act), and
LICENSEE has any legally required
authorization or authorizing statute.
6.3 Entire Agreement. This Agreement s 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
Agreement will be effective unless set forth in writing signed by officers of both
parties hereto.
6.4 Notices. Any notice required or permitted by this 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 the other party at the address shown at the beginning of this
Agreement or at such other
address for which such party gives notice hereunder. Such notice will be deemed to
have been given when delivered
or, if delivery is not accomplished due to action or inaction of the addressee,
when tendered.
6.5 Assignment and Binding Effect. LICENSEE may not transfer or assign its rights
or obligations under this
Agreement without the prior written consent of LIZARDTECH, except to a successor in
interest or purchaser of all or
substantially all of LICENSEE's assets which specifically assumes the obligations
of this Agreement. LICENSEE will
notify LIZARDTECH within ten (10) days of such event. Subject to the foregoing
sentence, this Agreement will be
binding upon and inure to the benefit of the parties hereto, their successors and
assigns.
6.6 Partial Invalidity and No Waiver. If any provision of this Agreement is held to
be invalid by a court of competent
jurisdiction, then the remaining provisions will nevertheless remain in full force
and effect. The parties agree to
renegotiate in good faith any term held invalid and to be bound by the mutually
agreed substitute provision. No
waiver of any term or condition of this 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. The failure of
either party at any time to enforce any
of the provisions of the Agreement, or the failure to require at any time
performance by the other party of any of the
provisions of this 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 either party to enforce each and every
such provision thereafter.
----------
1. DEFINITIONS
1.7. ``SDK'' means the Software Development Kit, that is, the set of
software development tools designed to facilitate development of Desktop
Applications using the SDK technologies, currently marketed and licensed
by Intergraph as ECW/JP2 Desktop Read-Only Redistributable 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.
2.1. Subject to Your ongoing compliance with all of the terms of this
License Agreement, You are hereby granted a nonexclusive, limited,
royalty-free license to use the SDK to create, use and distribute a
Desktop 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) create and distribute Server Applications that include the SDK;
or; (b) distribute files that are not included in the
``redistributables'' directory of the SDK; 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.
3.1. Obligation to Support Both ECW and ECWP Read. You agree to: (i)
support ECW files within your Desktop Application as well as the reading
of ECWP streams so that each of Your Desktop Applications is capable of
displaying the ECW-format data and receiving streamed, compressed files
that adhere to the ECWP; and (ii) Your Desktop Applications must provide
a means for specifying or selecting an ECWP stream that is consistent
with the means for specifying or selecting other data sources in the
Desktop Application. That is, if You create or distribute Desktop
Applications, each of those Desktop Applications must read ECW data and
ECWP streams and must allow a user to access the ECW data and ECWP
streams conveniently, with no more steps than is typical for access to
other data formats in Your Desktop 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.''
3.6. 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.
3.7. 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 Desktop Applications,
whether authorized under this License Agreement or not.
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.
5. INTELLECTUAL PROPERTY.
5.1 Ownership.
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.
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.
10.1.1 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).
10.2.3. 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.
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
12. MISCELLANEOUS
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.
12.4. 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.
12.6. 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.
12.8. 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.
APPENDIX A
You shall distribute the Desktop Application to end users with an End
User License Agreement ("EULA") in a manner that forms a contract
binding the end user to the EULA terms under applicable law. You shall
provide clear notice to end users before or at the time of delivery of
the Desktop Application that the Desktop Application contains technology
owned by Intergraph. You may include in the EULA additional notices or
other provisions, so long as they are no less protective of Intergraph
than the terms set forth below.
The EULA shall contain the following terms or legally equivalent terms,
where ``You'' refers to Your end-user:
You have acquired a product ("Product") that includes software
licensed from Intergraph Corporation (``Intergraph''). Those installed
software products of Intergraph origin, as well as any associated media,
printed materials, and "online" or electronic documentation ("Software)
are protected by copyright laws and international copyright treaties.
The Software is licensed, not sold.
NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND
WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE
AND ACCURACY IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE PRODUCT
OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, INTERGRAPH.