{\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fswiss\fprq2\fcharset0 Arial;}{\f1\fswiss\fcharset0 Arial;}} {\*\generator Msftedit 5.41.15.1507;}\viewkind4\uc1\pard\qc\f0\fs24 END-USER LICENSE AGREEMENT FOR zigGIS\super TM\nosupersub\par \par \pard IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:\par \par Obtuse Software\rquote s End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and Obtuse Software, LLC for the Obtuse Software, LLC software identified above which may include associated software components, media, printed materials, trademarks, copyrights and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the program between you and Obtuse Software, LLC, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. \par \par The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. \par \par The SOFTWARE is licensed, not sold. \par \par 1. GRANT OF LICENSE. \line The SOFTWARE is licensed, regardless of purchase price, as follows: \line (a) Installation and Use. Obtuse Software, LLC grants you the right to install and use copies of the SOFTWARE on your computer running a validly licensed copy of ESRI ArcGIS Desktop.\line (b) Backup Copies. You may also make copies of the SOFTWARE as may be necessary for backup, continuity of operations and/or archival purposes.\par \par 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.\line (a) Maintenance of Copyright Notices. You may not remove or alter any copyright, trademark or other notices on any and all copies of the SOFTWARE.\line (b) Distribution. You may not distribute registered copies of the SOFTWARE to third parties. \line (c) Use of Source Code. Although Obtuse Software, LLC has made source code for the SOFTWARE available to end-users and may continue to do so, Obtuse Software, LLC reserves the right to terminate such availability at any time for any reason, and may do so selectively with respect to any user or generally for all users. To the extent such source code is or has been made available, its use and examination is subject to the following conditions in this section 2(c) through (h), and such other conditions as Obtuse Software, LLC may impose from time to time.\par \pard\fi-1440\li1440\tx720\tab i.\tab The source code may not be used to create derivative works that compete with the SOFTWARE. Whether or not a derivative work competes with the SOFTWARE shall be determined in Obtuse Software, LLC\rquote s sole discretion.\par \tab ii.\tab Subject to the other conditions of this section 2(c), the source code may be used to create complementary or enhanced derivative products (\ldblquote Derivative Products\rdblquote ) for use by the end user and developer of such Derivative Products. \tab\par \tab iii.\tab Distribution of such Derivative Products is subject to terms and conditions established from time to time by Obtuse Software, LLC in its sole discretion or as agreed with the developer of the Derivative Product. \par \tab iv.\tab Obtuse Software, LLC shall have no obligation to agree to any distribution of Derivative Products, and development of such Derivative Products shall not entitle end users to any distribution rights. End users intending to develop Derivative Products are strongly encouraged to contact Obtuse Software, LLC in advance to discuss possible terms and conditions of distribution of such Derivative Products. \par \tab v.\tab Incorporation by Reference. All Derivative Products are subject to this EULA and any license or other agreement governing use of such Derivative Products must either include this EULA or reference it in with respect to the use of such Derivative Products by third parties.\par \pard\fi-1440\li1440\par \pard (d) Redistribution. The re-distribution of the source code for the SOFTWARE is expressly forbidden.\par (e) Prohibition on Reverse Engineering, Decompilation, and Disassembly.\line You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. \line (f) Rental. You may not rent, lease, or lend the SOFTWARE.\line (g) Support Services. Obtuse Software, LLC has no obligation to provide support services for or related to the SOFTWARE ("Support Services"). Any supplemental software code, documentation, explanation, work-around or other information provided to you by Obtuse Software, LLC shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. \line (h) Compliance with Applicable Laws. You must comply with all applicable laws of the United States, or any state, country or other jurisdiction in which the SOFTWARE is used, regarding use of the SOFTWARE.\par \par 3. TERMINATION \line Without prejudice to any other rights, this EULA shall terminate automatically and without notice to you if you fail to comply with the terms and conditions of this EULA, and all use subsequent to such failure to comply will be considered wrongful and actionable by Obtuse Software, LLC. Upon termination of this EULA, you must destroy all copies of the SOFTWARE in your possession. \par \par 4. COPYRIGHT\line All right, title and interest, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by Obtuse Software, LLC or its suppliers. All right, title and interest in and to content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Obtuse Software, LLC or the owner of such content, as applicable. \par \par 5. NO WARRANTIES\line Obtuse Software, LLC expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided \ldblquote As Is\rdblquote without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Obtuse Software, LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. Obtuse Software, LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such malicious or detrimental computer program, code, or any element thereof. Obtuse Software, LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party.\par \par 6. LIMITATION OF LIABILITY\line In no event shall Obtuse Software, LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users' use of or inability to use the SOFTWARE for any reason, even if Obtuse Software, LLC has been advised of the possibility of such damages. In no event will Obtuse Software, LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Obtuse Software, LLC shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. \par \par 7. EXPORT RESTRICTIONS. \par You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE or related documentation and technical data or (b) your SOFTWARE as defined under of this EULA (or any part thereof), or any process or service that is the direct product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.\par \par 8. GOVERNING LAW AND GENERAL PROVISIONS.\par This EULA will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding the application of its conflicts of law rules. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement may only be modified in writing signed by an authorized officer of OBTUSE SOFTWARE, LLC.\par \par 9. NOTICE TO GOVERNMENT END USERS.\par If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; U.S. DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in this EULA. Unpublished-rights reserved under the copyright laws of the United States. \par \f1\fs20\par }