26 March 2008
Cropped version showing the US Embassy in Baghdad: http://eyeball-series.org/amemb-080226/amemb-080226.htm
Image purchased from Digital Globe for $450.00.
http://eyeball-series.org/baghdad-gz/baghdad-gz-080226.jpg (9.6 MB)
Reduced version 1/13th of full size:
END USER LICENSE AGREEMENT
DigitalGlobe, Inc. ("DigitalGlobe") is willing to license the product (the "Product") provided with this Agreement to you only on the condition that you accept all of the terms and conditions in this Agreement. If you do not agree to these terms and conditions, DigitalGlobe is not willing to license the Product to you and, if the product was delivered to you on a tangible medium such as a CD, you must return the Product in its original packaging, without breaking the seal, or, if the product was made available to you in an electronic format, you must not download or use the product. In the event that you do not return the Product as specified or you download or use the Product, you acknowledge that you will be bound by all of the terms and conditions of this Agreement. PLEASE READ THE TERMS AND CONDITIONS PROVIDED BELOW CAREFULLY. BY USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Definitions. For purposes of this Agreement, the following definitions apply:
a. Commercial Exploitation or Commercial Purpose. Redistribution, retransmission or publication for profit or fee, which may include, without limitation: (i) advertising; (ii) use in marketing and promotional materials and services on behalf of a customer, client, employer, employee or for your own benefit; (iii) use in any materials or services for sale or for which fees or charges are paid or received (e.g., textbook supplemental materials, books, syllabi, course packs); and (iv) use in any books, news publication or journal without an Educational Purpose.
b. Customer Group.
i. one individual;
c. Demonstration Purpose. Any non-commercial use for demonstration, promotional or training purposes and not for Commercial Exploitation for a period of 90 days from product shipment.
d. Derivative Works. Any products or works derived from the Product, which derivation was created or developed as permitted under this Agreement and in which the Product may be recast, transformed, adapted, or included, and which, if prepared without authorization of DigitalGlobe, would constitute a copyright infringement.
e. Educational Purpose. Any non-commercial study or research that is undertaken solely in furtherance of education and not for Commercial Exploitation.
f. Federal Civil Government Agency. Any government agency at the federal level, EXCLUDING all U.S. Department of Defense agencies and those agencies defined under U.S. Code Title 50. The U.S. Army Corp of Engineers is included in the definition of Federal Civil Government Agency under this Agreement.
g. Joint Project. An undertaking between you and one or more other Customer Groups based on a contractual relationship existing at the purchase of the license.
h. State and Local Government Agency. Any government agency at the state and local level. With regard to the United States, the term "state" includes the 50 United States and the United States' territories and possessions.
2. Grant of License. Subject to the terms and conditions of this Agreement and payment of the applicable license fees, DigitalGlobe grants to you a non-exclusive, non-transferable license to use the Product by the number of users identified on the applicable order confirmation, solely for your internal business purposes, or for Demonstration Purpose or Educational Purpose as set forth on the applicable order confirmation, and only as provided below:
a. If you are not a Federal Civil Government Agency or a State and Local Government Agency, you may post the Product and Derivative Works on your website at a resolution no better than 10 meters in a static, non-downloadable, non-distributable, non-interactive fashion and in a manner that does not allow a third party to extract or access the Product as a standalone file;
b. If you are a Federal Civil Government Agency, you may post the Product and Derivative Works to publicly accessible Internet web sites provided that: (a) the quality of the image data available for download is presented in a color composite jpeg or a 50:1 compressed file format without associated geospatial information, and the Product or Derivative Works posted to publicly accessible websites are in a secure format that allows printing and viewing at no better than ten meter resolution and (b) the proper copyright is conspicuously marked. The Product and any Derivative Works may be posted to secure Intranet websites and may be used only for the purposes of a Joint Project and subject to Section 3;
c. If you are a State and Local Government Agency, you may post the Product and Derivative Works on your website at full resolution for non-Commercial Purpose in a non-downloadable, non-distributable fashion and in a manner that does not allow a third party to extract or access the Product as a standalone file;
d. Make unlimited copies of the Product for internal use only;
e. Create Derivative Works for internal use, including reformatting the Product into different formats or media from which it is delivered, modifying the Product through manipulation techniques and/or the addition of other data, and making copies of the resulting bundled image product;
f. Publish the Product, in a non-digital format and for a non-Commercial Purpose, in research reports or similar publications after obtaining the express written consent of DigitalGlobe; and
g. All Products or Derivative Works must contain the following copyright notice conspicuously displayed: "(c) DigitalGlobe, Inc. All Rights Reserved" for the Product, and "Includes copyrighted material of DigitalGlobe, Inc., All Rights Reserved" for Derivative Works.
a. Subject to Section 3(d), you may sublicense the rights granted under Section 2 to Customer Groups identified by you at the time you acquire this license who are engaged in a Joint Project with you. The number of permitted Customer Groups sublicensed hereunder depends on the type of license purchased by you as follows:
Type of License Purchased Number of Permitted Customer Groups
Base Up to five
b. If the number of individuals of a sublicensed Customer Group using the Product exceeds the number of users permitted under this Section 3, the Customer Group will be counted as multiple sublicensees based on the number of individuals using the Product, for purposes of determining compliance with the table above. If a Customer Group is involved in multiple Joint Projects, the Customer Group will be counted as multiple sublicensees, based on the number of Joint Projects involved, for purposes of determining compliance with the table above.
c. Subject to Section 3(d), you may also sublicense the rights granted under Section 2 to any independent contractor hired by you to perform customization services for the Product.
d. You may grant a sublicense to a sublicensee under Section 3(a) or 3(c) provided that (i) such sublicensee agrees to be bound by this Agreement, (ii) the sublicense is limited to using the Product solely for the purposes of the Joint Project or for purposes of performing the customization services, and (iii) you are responsible for any noncompliance by such sublicensee and such sublicensee's breach of this Agreement shall be deemed to be your breach of this Agreement.
4. Prohibited Use. You recognize and agree that the Product is the property of DigitalGlobe and contains valuable assets and proprietary information of DigitalGlobe. Accordingly, you will not:
a. Use the Product or Derivative Works for any purpose not expressly permitted under this Agreement, including without limitation for Commercial Exploitation;
b. Sell, license, rent, transfer, give away, disclose, copy or reproduce (even if merged with other materials), create Derivative Works of, display, or distribute the Product, except as expressly permitted under this Agreement; or
c. Alter or remove any copyright notice or proprietary legend contained in or on the Product. You acknowledge that you need to obtain a separate distribution license from DigitalGlobe in order to distribute or publish the Product or any Derivative Work in any form not expressly permitted under Section 2.
5. Ownership. The Product, and all intellectual property rights therein, are the exclusive property of DigitalGlobe and its suppliers. All rights in and to the Product not expressly granted to you are reserved by DigitalGlobe and its suppliers. This Agreement does not grant you title to the Product or any copies of the Product.
6. Confidentiality. The Product includes metadata and other confidential and proprietary information of DigitalGlobe ("Confidential Information"). You will not use any Confidential Information for any purpose not expressly permitted hereunder and will disclose Confidential Information only to your employees and permitted sublicensees who have a need to know for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than your duty hereunder. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of similar nature and with no less than reasonable care.
7. Audit. At DigitalGlobe's request, you will provide assurances that you are using the Product consistent with the terms of this Agreement. Upon notice, DigitalGlobe may inspect your records, accounts and books relating to the use of the Product to ensure that the Product is being used in accordance with this Agreement.
8. Term and Termination. This Agreement remains in full force until terminated as provided below. DigitalGlobe has the right to terminate this Agreement, effective immediately upon notice to you, if you breach any provision of this Agreement. Upon termination of this Agreement, all rights granted to you hereunder shall immediately cease. You and your sublicensees will (i) discontinue all use of the Product; (ii) if the product was delivered on a tangible medium, return to DigitalGlobe the Product and all copies thereof; (iii) purge all copies of the Product or any portion thereof from all computer storage device or medium on which you have placed or permitted others to place the Product; and (iv) give DigitalGlobe a written certification that you have complied with all of your obligations hereunder.
9. Limited Warranty. DigitalGlobe warrants that for a period of thirty (30) days after delivery, the Product will perform substantially in accordance with its applicable specification. DigitalGlobe's sole obligation and your entire remedy for breach of the above warranty is for DigitalGlobe, at its option and expense, to (i) repair or replace the non-conforming Product returned during the warranty period;
or (ii) refund all fees paid by for the non-conforming Product returned during the warranty period.
EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. DIGITALGLOBE DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR NEEDS OR EXPECTATIONS, OR THAT OPERATIONS OF THE PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED.
The limited warranty is void if any non-conformity has resulted from accident, abuse, misuse, misapplication, or modification by any person other than DigitalGlobe.
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11. Export Control. You will not export or re-export the Software in violation of the U.S. Export Administration regulations or other applicable laws and regulations. You will defend, indemnify, and hold harmless DigitalGlobe from and against all fines, penalties, liabilities, damages, costs, and expenses incurred by DigitalGlobe as a result of any violation of such laws and regulations by you or any of your agents or employees.
12. Miscellaneous Terms.
a. You acknowledge that any actual or threatened breach of Section 2, 4, or 6 will constitute immediate, irreparable harm to DigitalGlobe for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. If any action is brought to enforce this Agreement, the prevailing party will be entitled to receive its reasonable attorney's fees, court costs, and other collection expenses, in addition to any other relief it may receive.
b. Failure to require performance of any provision of this Agreement does not waive DigitalGlobe's right to subsequently require full and proper performance of such provision. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall continue to be valid and enforceable.
c. Neither this Agreement nor any of the rights or obligations hereunder may be assigned or transferred by you without the prior written consent of DigitalGlobe. This restriction on assignment or transfer shall apply to assignments or transfers by operation of law, as well as by contract, merger or consolidation. Any attempted assignment or transfer in violation of the foregoing will be null and void.
d. This Agreement shall be governed by the laws of the State of Colorado, U.S.A., without regard to conflicts of law principles that would require the application of the laws of any other state or jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in a federal court or a state court in Boulder County, Colorado, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
e. The software portion of the Product is "commercial item" as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Any technical data provided with or included in the Product is "commercial technical data" as defined in 48 C.F.R. 12.211. Consistent with 48 C.F.R. 12.211 through 12.212, 48 C.F.R. 227.7202-1 through 227.7202-4, and 48 C.F.R. 252.227-7015, all U.S. Government end users acquire the Product with only those rights set forth therein.
f. This Agreement represents the entire agreement between you and DigitalGlobe as to the matters set forth herein and integrates all prior discussions and understanding between us. Your acceptance of this Agreement is expressly limited to the terms and conditions set forth herein; any additional or inconsistent terms provided by you in any other documents such as a purchase order will not have any legally binding effect. This Agreement may be modified only by a binding written instrument entered into by you and DigitalGlobe.
13. Notices. Any notices relating to this Agreement should be sent by personal delivery or U.S. certified mail (return receipt requested) to the address provided below and will be effective upon receipt: