ITT Visual Information Solutions End User License Agreement

THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN ITT VISUAL INFORMATION SOLUTIONS ("ITT"), A SUBSIDIARY OF ITT CORPORATION, AND YOU, THE LICENSEE. CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE INSTALLING THIS PACKAGE. INSTALLING THIS PACKAGE ON A COMPUTER OR COMPUTER STORAGE DEVICE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL THIS PACKAGE AND IMMEDIATELY RETURN THE ENTIRE PRODUCT UNOPENED TO ITT OR TO THE PLACE OF PURCHASE FOR A REFUND. IF YOU ARE INSTALLING THE IDL VIRTUAL MACHINE SOFTWARE YOU WILL FIND SPECIFIC PROVISIONS FOR THAT SOFTWARE FOLLOWING THE ITT END USER LICENSE AGREEMENT.

LICENSE GRANT - ITT grants to you one or more of the following non-exclusive licenses as purchased by you and indicated by your invoice from ITT or authorized ITT Reseller.  

GRANT OF NODE-LOCKED LICENSE - If the license is for node-locked use, ITT hereby grants to you a license to use the Software on one single computer.  You may have as many concurrent users on the single computer as is specifically authorized by the license fees paid.

GRANT OF NETWORK LICENSE - If the License is for network use, ITT grants you the right to use the Software on a computer network as follows: You may have as many copies of the Software in simultaneous use on the network as is specifically authorized by the license fees paid.

GRANT OF HARDWARE KEY LICENSE - If the License is for use with a hardware key supplied by ITT or in conjunction with a hardware key supplied by an authorized ITT reseller, you may use the software on any machine with the provided hardware key attached.

GRANT OF FLEXIBLE SINGLE USER LICENSE - If the License is for flexible single user use, ITT grants you a license to use the software as follows: A flexible single user license allows the software product to be used by a single, designated end user only.  The software may be installed on up to 3 separate computer systems (office, lab and personal computer system) using the Windows, Macintosh or Linux operating systems and only the designated end user may use the software. A flexible single user license may not be used concurrently on more than one computer system at any time. 

GRANT OF STUDENT EDITION LICENSE - If the License is for student use, ITT hereby grants you a license to use the IDL Student Edition software on one single computer system owned by the Licensee.  This software is intended for Student Use only. The software may only be installed and used on a single computer system owned by the licensee. The software may not be installed or run on computer systems owned and operated by a College or University, or on other computer systems not owned by the student. The software is only licensed for usage by a student pursuing a degree at qualifying Colleges and Universities. Professional, commercial, government, and other usage are strictly prohibited. The license is terminated after 12 months or when the LICENSEE is no longer a student pursuing a degree at a qualifying college or university, whichever occurs first, and whereby the LICENSEE agrees to cease using the IDL Student Edition software and agrees to destroy all copies of the software. 

GRANT OF EDUCATIONAL LAB, MINI-LAB, or DEPARTMENT LICENSE - If the License is for use at an accredited, degree granting academic institution, installed on a single network on computer systems owned, operated and located on the campus of the academic institution, and the Software is used for teaching and academic related research purposes only, ITT grants you the right to use the Software as follows: You many have as many copies of the Software in simultaneous use on the network as authorized by the license fee paid and in accordance with the ITT Academic Use Policy. Specifically excluded is use by and for any government, hospital, non-academic research, or commercial use. Licenses may not be transferred, distributed, sold or otherwise provided to any persons, facilities, organizations or other educational institutions except as outlined in the ITT Academic Use Policy and this Agreement.

US GOVERNMENT RESTRICTED RIGHTS - The Software and Documentation are provided with Restricted Rights.  Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR 52.215-1 or 15.609 or the Limited or Restricted Rights legends set forth in DFARS 227.7201-1 through 227.7202-4 for contractually deliverable data or software, as appropriate, or their equivalent or successor clauses. Manufacturer is ITT Visual Information Solutions, 4990 Pearl East Circle, Boulder, Colorado, 80301, USA. ITT Visual Information Solutions is a wholly owned subsidiary of ITT Corporation.

OWNERSHIP, PROPRIETARY AND COPYRIGHT NOTICES, COPYING, MODIFICATION, AND USE - ITT owns and markets the Software and Documentation and would be harmed by its unauthorized use.  United States copyright laws and international treaty provisions protect the Software and Documentation. You must treat the Software and Documentation as copyrighted material and cannot copy it for others to use. You may make one copy of the Software solely for backup or archival purposes. You may modify the Software or combine it with other software subject to the requirement that the derived software is subject to the terms of this Agreement. You may not, however, reverse engineer, decompile or disassemble the Software. You may reproduce written materials provided in this package (the Documentation), but only for your use of the enclosed Software in accordance with the License Grant described above. All such copies must contain the proprietary and copyright notices of the original Documentation. In no case may any copy be distributed to outside parties.

DUAL MEDIA - You may receive the Software in more than one media.  You may not use the media on any other computer or computer network except as provided by your ITT License Agreement. You may not loan, rent, lease, donate, or transfer the Software to another user except as part of a permanent transfer (as provided in the Transfer section of this agreement).

TRANSFER - You may not transfer, resell, or gift this license as a package to another party except as allowed under FAR regulation 52.227-19 - Commercial Computer Software - Restricted Rights, this FAR regulation will be carried throughout this Agreement.  If you wish to transfer the license under the above clause, you must: (a) first provide written notification to ITT VIS of requested transfer, (b) upon written approval by ITT VIS of said transfer, provide to ITT VIS a signed statement by the transferee stating their concurrence to be bound by the terms and conditions of this Agreement and, (c) either current or newly approved transferee must provide in writing to ITT VIS the new Points of Contact (POC) including technical POC for the license that is being transferred.   In the event of the authorized transfer of the Software, Documentation, and this license as a package, you will destroy all copies of the Software, whether in printed, machine readable, or other form, not delivered to the transferee.

EXPORT RESTRICTIONS - Except as specifically authorized by the United States Export Administration Regulations, or by prior written approval of the United States Department of Commerce, Licensee will not re-export, resell, or otherwise dispose of any of the Software or Documentation: (1) to any country not approved for export as brought to Licensee's attention by means of a bill of lading, commercial invoice, or any other means; or (2) to any person if there is reason to believe that it will result directly or indirectly in disposition of the Software or Documentation contrary to the representations made herein or contrary to United States Export Administration Regulations.

This software and its associated documentation are subject to the controls of the Export Administration Regulations (EAR).  It has been determined that this software is classified as EAR99 under U.S. Export Control laws and regulations, and may not be re-transferred to any destination expressly prohibited by U.S. laws and regulations.  The recipient is responsible for ensuring compliance to all applicable U.S. Export Control laws and regulations.

WARRANTY - ITT warrants that, for a period of sixty days from the date of purchase, the Software shall perform in substantial conformity with the Documentation.  If Licensee reports a significant program error that ITT is unable to fix after confirming the existence thereof, ITT will refund the license fee provided Licensee returns the Software and Documentation and all copies thereof and agrees to cease further use of the Software.

DISCLAIMER, AND LIMITATIONS OF WARRANTY AND LIABILITY - The foregoing express warranties are given in lieu of all other warranties, whether written, oral or implied (including any warranty of merchantability or of fitness for a particular purpose), such other warranties being hereby disclaimed.  ITT does not warrant that the functions contained in the Software will meet Licensee's requirements or will operate in the combinations which may be selected for use by Licensee, or that operation of the software will be uninterrupted or error-free, or that the data stored in the software will not be lost if, for any reason, operation of the Software is interrupted. Refund of the license fee shall constitute the sole remedy of Licensee of the sole liability of ITT for breach of warranty or other injury of license resulting from use of the Software. In no event shall ITT's liability include any special, incidental or consequential damages, even if ITT has been advised of the possibility of such potential loss or damage.

DEFAULT - You will be in default hereunder if you breach any provision of this Agreement relating to use or copying of the Software or Documentation, in which case the license granted hereunder shall terminate immediately.  You will be in default hereunder if you commit a material breach of any other term of this Agreement which is not remedied within ten days after notice of such violation has been given by ITT. In the event of termination you will discontinue use of the Software and documentation, destroy or return to ITT all copies of the Software and Documentation, and certify in writing to ITT that such copies have been destroyed or returned. In the event you are in default hereunder, all remedies at law and in equity shall be available to ITT. In the event of any suit or claim arising from such default, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.


Provisions for use of the IDL Virtual Machine (tm) 

LICENSE GRANT - ITT grants to you a non-exclusive license to use the IDL Virtual Machine software.  The software is subject to specific license terms, as well as specific guidelines contained herein. You agree to be bound by these license terms as well as the specific guidelines related to the IDL Virtual Machine software. You may not sell, alter, modify, license, sublicense, copy, or use the software in any way other than has been specifically authorized by ITT as described herein. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in ITT copyrighted materials or trademarks by installing, downloading, copying, or otherwise using the software and other materials.

US GOVERNMENT RESTRICTED RIGHTS - The Software and Documentation are provided with Restricted Rights.  Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR 52.215-1 or 15.609 or the Limited or Restricted Rights legends set forth in DFARS 227.7202-1 through 227.7202-4 for contractually deliverable data or software, as appropriate, or their equivalent or successor clauses. Manufacturer is ITT Visual Information Solutions, 4990 Pearl East Circle, Boulder, Colorado, 80301, and USA. ITT Visual Information Solutions is a wholly owned subsidiary of ITT Corporation.

OWNERSHIP, PROPRIETARY AND COPYRIGHT NOTICES, COPYING, MODIFICATION, AND USE - ITT owns and markets the Software and Documentation and would be harmed by its unauthorized use.  The Software and Documentation is protected by United States copyright laws and international treaty provisions. You must treat the Software and Documentation as copyrighted material. You may modify the Software or combine it with other software subject to the requirement that the derived software is subject to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the Software. You may freely distribute the IDL Virtual Machine with other software. You may not alter or modify the installation procedure, suppress the IDL Virtual Machine License Agreement, alter the software operating environment in a way that prevents the IDL Virtual Machine splash screen from appearing at start-up, or automatically dismiss the IDL Virtual Machine splash screen. You may not use the IDL Virtual Machine if it has been altered to automatically dismiss the IDL Virtual Machine splash screen or to prevent the IDL Virtual Machine splash screen from appearing at start-up. You may not modify the IDL Virtual Machine in a way that exposes the IDL Development Environment (IDLDE), or in any manner that replicates or mimics the functionality of the IDL Development Environment or the IDL Command Line. You may reproduce written materials provided in this package (the Documentation), but only for your use of the enclosed Software in accordance with the License Grant described above. All such copies must contain the proprietary, copyright notices, and trademarks contained as part of the original Documentation. 

EXPORT RESTRICTIONS - Except as specifically authorized by the United States Export Administration Regulations, or by prior written approval of the United States Department of Commerce, Licensee will not re-export, resell, or otherwise dispose of any of the Software or Documentation: (1) to any country not approved for export as brought to Licensee's attention by means of a bill of lading, commercial invoice, or any other means; or (2) to any person if there is reason to believe that it will result directly or indirectly in disposition of the Software or Documentation contrary to the representations made herein or contrary to United States Export Administration Regulations.

This software and its associated documentation are subject to the controls of the Export Administration Regulations (EAR).  It has been determined that this software is classified as EAR99 under U.S. Export Control laws and regulations, and may not be re-transferred to any destination expressly prohibited by U.S. laws and regulations.  The recipient is responsible for ensuring compliance to all applicable U.S. Export Control laws and regulations.

DISCLAIMER, AND LIMITATIONS OF WARRANTY AND LIABILITY - The IDL Virtual Machine Software is provided on an "AS IS" basis.  ITT may change or alter this software at any time, and without prior notice. ITT specifically disclaims all express statutory or implied warranties relating to these materials, including but not limited to merchantability or fitness for a particular purpose or non-infringement of any third party rights regarding these materials. ITT shall not be liable to you or to any other party for any loss of profit or revenue or for indirect, incidental, special, consequential, or other similar damages, whether based on tort or other legal grounds even if ITT has been advised or had reason to know of such damages. ITT does not warrant that the functions contained in the Software will meet Licensee's requirements or will operate in the combinations which may be selected for use by Licensee, or that operation of the software will be uninterrupted or error-free, or that the data stored in the software will not be lost if, for any reason, operation of the Software is interrupted. 

DEFAULT - You will be in default hereunder if you breach any provision of this Agreement relating to use or copying of the Software or Documentation, in which case the license granted hereunder shall terminate immediately.  You will be in default hereunder if you commit a material breach of any other term of this Agreement which is not remedied within ten days after notice of such violation has been given by ITT. In the event of termination you will discontinue use of the Software and documentation, destroy or return to ITT all copies of the Software and Documentation, and certify in writing to ITT that such copies have been destroyed or returned. In the event you are in default hereunder, all remedies at law and in equity shall be available to ITT. In the event of any suit or claim arising from such default, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

GOVERNING LAW - This agreement is governed by the laws of the State of Colorado.

MrSID Notice:

Portions of this software incorporating MrSID functionality are provided under license from LizardTech, Inc.  The MrSID software is protected by United States Copyright Law and International Treaty provisions and by U.S. Patent No. 5,710,835. Foreign patents are pending. Some of the MrSID technology was developed through a project at the Los Alamos National Laboratory (LANL) funded by the U.S. Government managed under contract by the Regents of the University of California (University). The U.S. Government and the university have reserved rights in the Technology, including the following: (a) the U.S. Government has a non-exclusive, nontransferable, irrevocable, paid-up license to practice or have practiced throughout the world, for or on behalf of the United States, inventions covered by the University's Patent Rights, and has other rights under 35 U.S.C  200-212 and applicable implementing regulations and under the U.S Department of Energy (DOE) Assignment and Confirmatory License through which the DOE's rights in the Technology were assigned to the University; (b) Under 35 U.S.C  203, the DOE has the right to require LizardTech to grant a non-exclusive, partially exclusive or exclusive license under U.S Patent No. 5,710,835 in any field of use to a responsible applicant(s) upon terms reasonable under the circumstances, if LizardTech does not adequately attempt to commercialize the MrSID Technology. See 37 CFR 401.6; (c) The University makes no warranty nor does the University have any obligation to furnish any know-how, technical assistance, or technical data in connection with MrSID software. For further information about these provisions, contact LizardTech, 821 Second Ave., Suite 1800, Seattle, WA 98104.

DICOM by MERGE Notice:

Portions of this software that implement DICOM technology are copyrighted by Merge Technologies Incorporated, 1126 South 70th St., Milwaukee, Wisconsin, 53214-3151.  

Unisearch Notice:

Portions of this software were developed using Unisearch's Kakadu software, for which ITT has a commercial license.  Kakadu Software. Copyright (c) 2001. The University of New South Wales, UNSW, Sydney NSW 2052, Australia, and Unisearch Ltd, Australia.

Visual Numerics Notice:

Portions of this software were developed using Visual Numerics, Inc software. Copyright 1970 - 2006 by Visual Numerics, Inc. All Rights Reserved. This software is confidential information which is proprietary to and a trade secret of Visual Numerics, Inc. Use, duplication or disclosure is subject to the terms of an appropriate license agreement.
