For the purposes of this document LICENSOR refers to Earth Resource Mapping Inc.

where this license operates in the USA, otherwise it refers to Earth Resource M
apping Ltd.
ER Mapper END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Agreement is a legal agreement between you (eithe
r an individual or a single entity) and LICENSOR for the software products ident
ified above which may include associated software components, media, printed mat
erials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By instal
ling, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by
the terms of this Agreement. If you do not agree to the terms of this Agreement
, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
1.

GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:

* Evaluation. LICENSOR grants you the right to install and use one copy of the S
OFTWARE PRODUCT for fourteen days for evaluation purposes only.
* Commercial and educational use.
Node locked license: Upon purchase of a valid commercial or educational node-loc
ked license, you may apply for an authorisation code, which, upon receipt, will
enable you to continue to use one copy of the software for the authorized time p
eriod.
Floating license: Upon purchase of a valid commercial or educational floating li
cense, you may apply for a license file, which, upon receipt, will enable the so
ftware to be used by up to the authorized number of concurrent users for the aut
horized time period.
* Number of users.
Node locked license: The SOFTWARE PRODUCT is licensed for use by a single user o
n a single computer at any one time and may not be run over a network to a remot
e computer. The SOFTWARE PRODUCT may not be used by more than one person at a ti
me and must be run on the computer that holds the license.
Floating license: The SOFTWARE PRODUCT is licensed for use by up to the authoriz
ed number of concurrent users.
* Backup Copies. You may make copies of the SOFTWARE PRODUCT as may be necessar
y for backup and archival purposes.
2.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* Educational copies. Educational copies may only be used for the purpose of te
aching or non-commercial research.
* Maintenance of Copyright Notices. You must not remove or alter any copyright
notices on any copy of the SOFTWARE PRODUCT.
* Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may n
ot reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and

only to the extent that such activity is expressly permitted by applicable law n
otwithstanding this limitation.
* Derivative Works. You may not modify or prepare derivative works of the SOFTW
ARE PRODUCT.
* Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third
parties without the prior agreement in writing of LICENSOR, except for normal op
eration of the software. LICENSOR at its entire discretion may decline to grant
distribution rights. Any permission to distribute copies will be subject to a s
eparate distribution agreement.
* Rental. You may not rent, lease, or lend all or any portion of the SOFTWARE P
RODUCT.
* Transfer. You may permanently transfer all of your rights under this Agreemen
t, provided the recipient agrees to the terms of this Agreement. If you transfe
r the SOFTWARE PRODUCT, you must transfer all computer programs and documentatio
n, and erase any copies residing on computer equipment. Your license is automat
ically terminated if you transfer the SOFTWARE PRODUCT.
* Unauthorized disclosure or use. You agree to keep confidential and use your b
est efforts to prevent and protect the contents of the SOFTWARE PRODUCT from una
uthorized disclosure or use.
* Copyright Infringement or Breach of License. Use of any part of the Software P
roduct may be terminated at any time by Licensor if Licensor is required to do s
o by a judgement of any competent court for copyright infringement or breach of
license. In the event of such termination, you may return the dongle or license
code and Licensor shall replace the dongle or license code with one which permi
ts the remainder of the ER Mapper program to operate.
* Compliance with Applicable Laws. You must comply with all applicable laws reg
arding use of the SOFTWARE PRODUCT.
3.

TERMINATION.

Without prejudice to any other rights, LICENSOR may terminate this Agreement if
you fail to comply with the terms and conditions of this Agreement. In such even
t, you must destroy all copies of the SOFTWARE PRODUCT.
4.

COPYRIGHT.

All title, including but not limited to copyrights, in and to the SOFTWARE PRODU
CT and any copies thereof are owned by Earth Resource Mapping Ltd. or its suppli
ers. All title and intellectual property rights in and to the content which may
be accessed through use of the SOFTWARE PRODUCT is the property of the respectiv
e content owner and may be protected by applicable copyright or other intellectu
al property laws and treaties. This Agreement grants you no rights to use such
content. All rights not expressly granted are reserved by LICENSOR.
5.

NO WARRANTIES.

LICENSOR expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWAR
E PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEM
ENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT
REMAINS WITH YOU.

6.

LIMITATION OF LIABILITY.

To the maximum extent permitted by applicable law, in no event shall LICENSOR or

its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or any other pecu
niary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT o
r the provision of or failure to provide Support Services, even if LICENSOR has
been advised of the possibility of such damages. In any case, LICENSOR'S entire
liability under any provision of this Agreement shall be limited to the greater
of the amount actually paid by you for the SOFTWARE PRODUCT. Because some jurisd
ictions do not allow the exclusion or limitation of liability, the above limitat
ion may not apply to you.
7.

MISCELLANEOUS.

This Agreement is governed by the laws of the state of residence of LICENSOR.

Should you have any questions concerning this Agreement, or if you desire to con
tact LICENSOR for any reason, please contact the Earth Resource Mapping office s
erving your country, or write: Sales Information, Earth Resource Mapping Limited
, 2 Abbotsford Street, West Leederville, Western Australia 6007.