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.

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 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.

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.

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) 2003, LizardTech, Inc., 1008 Western Ave., Suite 200, Seattle, WA 98104. All rights reserved. Use permitted only under license from LizardTech, Inc.

If the Software requires that You initially contact LizardTech for a specific keycode 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 keycode You will incur LizardTech's then-current service and handling charge.

	1.1	Scope of Permitted Use for DjVu Software. You have the nonexclusive, nontransferable right to install and use the DjVu Software on a single central processing unit for Your own, internal use only. This Software may be used on a server or network which permits access by as many users as You have purchased licenses.

	1.2	Data and Page Cartridges. This Software may employ Data or Page Cartridges ("Cartridges"). Cartridges work in conjunction with specific DjVu Software previously installed on a user's system. 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. The Software is owned by LizardTech and/or its suppliers 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. 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 DjVu 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. EXPERVISION PROPRIETARY RIGHTS: Optical character recognition (OCR) capabilities, if any, are provided via the Recognition ToolKit(tm), under license from ExperVision. JPEG PROPRIETARY RIGHTS: Portions of this software are based in part on the work of the Independent JPEG Group. 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 U.S. Patent No. 4,558,302 and foreign counterparts. 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. LEAD TECHNOLOGIES: Portions hereof (c)LEAD Technologies, Inc. 1991-2003, ALL RIGHTS RESERVED.

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. 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.

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 DjVu-formatted files.

8.	Notice to Government End Users. 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.

9.	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.

10.	Export Control. You agree that the Software will not be shipped, transferred, or exported or reexported 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 reexported 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.

11.	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.

Copyright (c) 2003 LizardTech, Inc., 1008 Western Ave., Suite 200, Seattle, WA 98104. All Rights Reserved. MrSID, DjVu and LizardTech are registered trademarks of LizardTech, Inc. Unauthorized use prohibited.
(DjVu Encoder Product EULA, rev. 1, 02/03)



