SPOT Image License Agreement for Digital Products This is a legal agreement between you (either an individual or an organization), the end user, and SPOT Image Corporation ("SPOT"). SPOT has the exclusive right to license in the United States remotely sensed SPOT Data acquired by SPOT satellites. The SPOT satellites are operated by the Centre National d'Etudes Spatiales ("CNES") of France, which holds all United States and worldwide copyrights covering such SPOT Data. 1. LICENSE GRANTED. This SPOT Image License Agreement for Digital Products ("License" or "Agreement") permits you to use the SPOT Image product shipped with this License ("SPOT Data") on computer systems owned or leased by the licensed entity provided that such data may not be accessed by users outside of the licensed entity except as specified in article 2 below. The licensed entities are those for whom SPOT data licenses have been acquired. The various levels of licensing are defined as follows (level A being the standard SPOT license): A. Organization site license includes all the users of the licensed business enterprise located at a single site. B. State Government license includes all the Departments and Agencies within the licensed State Government excluding State Colleges and Universities. C. State, Local & County Government, and Public Schools license includes all the Departments and Agencies within the licensed State Government; Regional, County and Local Governments within the licensed State including Council of Governments; K-12 public schools, State Colleges and State Universities within the licensed State. 2. COPYRIGHT, USES, RESTRICTIONS. The SPOT Data is owned by SPOT Image Corporation or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SPOT Data like any other copyrighted material except that you may make copies of and/or provide access to the SPOT Data solely for the purpose of facilitating use by the licensed entity(s). You may copy the written materials accompanying the SPOT Data for use by the licensed entity(s). You may analyze, process, and display the licensed SPOT Data and may make such SPOT Data and the results of such analysis or processing available to employees of your organization. You may make an unlimited number of film, print and Internet Display copies of the SPOT Data for use outside your organization, provided that: (1) all copies include the copyright notice prominently displayed in or adjacent to the SPOT Data; (2) you may not sell any copies made for such purposes; and (3) you prohibit this data from being downloaded or screen captured by individuals or organizations located outside of the licensed entity. Optional extended use licenses which have been properly acquired from SPOT Image include the following: A. Internet JPEG/GIF Download license permits display of the SPOT Data on the Internet in a format which can be downloaded and screen captured. Downloads or screen captures of SPOT Data posted on the Internet must be non-georeferenced and in either JPEG or GIF format. B. Internet Georeferenced Download license permits display of the SPOT Data on the Internet in a format which can be downloaded and screen captured in any georeferenced or non-georeferenced format. You may prepare textual reports and other non-image materials based upon the licensed SPOT Data and publish, sell or distribute such materials, but only if such materials do not reproduce in any way the licensed SPOT Data. You may make the licensed SPOT Data available to contractors and consultants, but only for use on behalf of your organization, and only if each such person agrees in writing (a) to be bound by the same limitations on use as apply to you; and (b) to return to you all SPOT Data upon completion of the contracting or consulting engagement. You may not rent or lease the SPOT Data, but you may transfer your rights under this Agreement on a permanent basis provided you transfer this Agreement, the SPOT Data, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. The transfer of possession terminates your license from SPOT. During each use of SPOT Data or any copies thereof for any of the purposes stated in this Agreement you shall include the following notice: (c) [year] CNES, Licensed by SPOT Image Corporation, Reston, Virginia. 3. LIMITED WARRANTY. SPOT will use its best efforts to ensure that any SPOT Data provided to you conform to the SPOT Data requested and that the medium in which the SPOT Data are delivered is free of physical defect. If any data or media do not meet the foregoing standards, your sole and exclusive remedy will be to return such SPOT Data to SPOT within thirty (30) days of your receipt thereof. If you return the SPOT Data within such period and if SPOT reasonably determines that such data or media, at the time they were delivered to you, failed to meet such standards, SPOT will, at its discretion, either (a) retain the SPOT Data and refund the applicable license fee paid with respect to them, or (b) replace or repair the SPOT Data and return them to you. 4. NO OTHER WARRANTIES. EXCEPT AS PROVIDED IN THE PRECEDING PARAGRAPH, ANY SPOT DATA LICENSED PURSUANT TO THIS AGREEMENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SPOT IS ADVISED OF SUCH PURPOSE. SPOT'S LIABILITY WITH RESPECT TO ANY SUCH DATA WILL, IN ANY CASE, BE LIMITED TO A REFUND OF THE LICENSE FEE PAID FOR SUCH DATA. IN NO EVENT WILL SPOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS RESULTING FROM ANY DEFECT IN ANY SPOT DATA OR ANY DELAY IN DELIVERY. 5. OTHER. This Agreement shall be governed by the laws of the Commonwealth of Virginia. SPOT retains all rights not expressly granted. This license is effective until terminated. It may be terminated by you by destroying all copies of the SPOT Data. It will terminate automatically if you fail to comply with any of the terms of this License, and on any such termination you will destroy all copies of the SPOT Data. Should you have any questions about this license, please call SPOT Customer Service at 1-800-ASK-SPOT.