Legal

SOFTWARE END-USER LICENCE AGREEMENT

1. IMPORTANT - READ CAREFULLY

This Agreement is a contract between Maptek Pty Limited ABN 74 002 140 436 of 63 Conyngham Street, Glenside, South Australia 5065 (“Licensor”) and the person or entity named as the Licensee in the Licence Details issued by the Licensor in respect of the Software (“Licensee”), and constitutes the terms and conditions set out below together with any Licence Details. By installing, copying, or using the Software, you are deemed to agree on behalf of the Licensor to the terms of this Agreement. If the Licensor does not agree to the terms of this Agreement, you must not use or install the Software and must immediately return it to the Licensor.

The Software is protected by copyright and other intellectual property laws and treaties.

The Software is licensed, not sold, to the Licensee on the terms of this Agreement.

Any third-party software that may be provided to the Licensee or used in conjunction with the Software will be subject to any applicable third-party software licence terms and not this Agreement.

2. DEFINITIONS

In this Agreement the following terms have the following meanings:

a. “Computer” means each individual computer processing system accessing the Software.

b. “Confidential Information” means confidential and proprietary information of a party relating to its business, sales, marketing or technical operations, or relating to its clients, but not including information that:

i. is now or subsequently becomes generally known or available through no breach of confidentiality by the receiving party;

ii. was known to the receiving party at the time of receipt by the receiving party;

iii. is provided by the disclosing party to a third party without restriction on disclosure;

iv. is subsequently rightfully provided to the receiving party by a third party without restriction on disclosure; or

v. is independently developed by the receiving party as can be demonstrated by the receiving party’s records, provided that the person or persons developing the information did not have access to the Confidential Information of the disclosing party prior to such independent development.

c. “Defect” means a failure of the Software to perform substantially in accordance with the Documentation and this Agreement other than due to:

i. any failure to use the Software as described under clauses 9.b.i to 9.b.iii inclusive;

ii. any malfunction in the Licensee’s equipment;

iii. use of the Software on a WAN; or

iv. any other cause within the reasonable control of the Licensee.

d. “Designated Area of Use” means:

i. the Site(s) or geographic region(s) specified in the Licence Details; or (if not so specified)

ii. the LAN, if the Licensee has a LAN Floating Licence;

iii. the WAN, without geographical constraints, if the Licensee has a LAN Floating Licence (subject to clause 3.d); or

iv. the primary Site identified by Licensee and approved by Licensor if the Licensee has a Node Locked Licence.

e. “Documentation” means the user manuals and other materials published by the Licensor in electronic or printed form accompanying or relating to the Software.

f. “Dongle” means a hardware or software device provided by Licensor which must be used to verify authorised use of the Software on a Computer.

g. “Force Majeure Event” means labour disputes, civil disturbances, actions or inactions of government authorities, epidemics, war, embargoes, fires, weather delays, acts of God, acts of terrorism, default of a common carrier or supplier, or any other cause beyond the reasonable control of the party.

h. “GST” means the goods and services tax imposed under the GST Law.

i. “GST Law” has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

j. “Insolvency Event” means, in respect of a party, where:

i. the party informs the other party or any of its creditors that it is insolvent or unable to pay its debts as they fall due;

ii. the party enters into a composition or arrangement with its creditors or calls a meeting of creditors to enter into a composition or arrangement;

iii. a mortgagee seeks to exercise a right of possession or control over the whole or part of the party’s property;

iv. the party takes or has instituted against it an action or proceedings whether voluntary or compulsory with the object of, or which may result in, the winding-up of the party;

v. the party has a winding-up order made against it or passes a resolution for winding-up;

vi. the party goes into liquidation;

vii. any writ of execution, garnishee order, mareva injunction or similar order, attachment, distress or other process is made, levied or issued against or in relation to any asset of the party; or

viii an act is done or an event occurs which, under the laws from time to time of a country having jurisdiction in relation to the party, has an analogous or similar effect to any of the events in the above paragraphs of this definition.

k. “LAN” means a local area network operated by the Licensee (the extent of which may be specified in the Licence Details or approved by the Licensor prior to the date of this Agreement).

l. “LAN Floating Licence” means a licence described in the Licence Details as a “LAN Floating Licence”, or otherwise described in terms indicating that the Software may only be used by a specified number of users using Computers within the Licensee’s LAN.

m. “Licence” means a licence to use the Software granted under, and on the terms of, this Agreement.

n. “Licence Details” means the invoice or other documentation issued by the Licensor to the Licensee identifying the Software and specifying other relevant information, issued before or when the Software is supplied to the Licensee, or that is otherwise accepted by the Licensee (whose acceptance may not be unreasonably withheld).

o. “Licence Fee” means the amount or amounts payable for each Licence, as specified in the Licence Details.

p. “Node Locked Licence” means a licence described in the Licence Details as a “Node Locked Licence”, or otherwise described in terms indicating that the Software may only be used on Computers authorised by a Dongle.

q. “Proprietary Property” means the Software (including its source and executable code), any associated scripts, all data formats and data compression algorithms of files created by the Software, the Documentation, the Confidential Information, the Licensor’s name, trade marks and logos, any goodwill associated with them, and any other materials supplied to the Licensee or its Service Providers by Licensor.

r. “Service Provider” means any person or entity (other than employees of the Licensee), including subcontractors, that provides services to or for the benefit of the Licensee, and in conjunction with the provision of such services will acquire access to the Software and/or any Computer maintained by the Licensee.

s. “Site” means an individual mining or engineering site, identified by Licensee by name and/or geographic location, at which the Software will be deployed.

t. “Software” means the computer software licensed to the Licensee under this Agreement (including any new release or updated version), together with all associated media, printed materials, and any Documentation.

u. “Software Maintenance Fee” means the fee payable by the Licensee to the Licensor for the Software Maintenance Services, as specified initially in the Licence Details or otherwise specified in the Licensor’s published price list at the time of each renewal of the Software Maintenance Services;

v. “Software Maintenance Services” means the services described in clause 12.

w. “Software Upgrades” means updates to existing Software modules, excluding new modules developed as separate software (as determined by the Licensor, which other software may be available to be licensed separately by the Licensee at additional cost).

x. “Supply” has the meaning given by section 9-10 of the GST Act and excludes any “GST-free supplies” and “input taxed supplies” under the GST Act;

y. “WAN” means a wide area network used to access a LAN (and includes the LAN).

3. LICENCE

a. Subject to payment by the Licensee of the Licence Fee and compliance with this Agreement, the Licensor grants to the Licensee a non-exclusive, non-transferable licence, without the right to sublicense:

i. to install the Software on computer equipment located within the Designated Area of Use; and

ii. for the Licensee’s employees and Service Providers to use the Software within the Designated Area of Use for the Licensee’s internal business purposes, subject to the further conditions set out in clause 3.b and otherwise on the terms of this Agreement (“Licence”).

b. If the Licence Details specify that the Licensee is granted:

i. a Node Locked Licence, then the Software may only be used on Computers authorised by the use of Dongle (where a Dongle may be moved between Computers provided that any Computer to which the Dongle is attached must be located in Licensee’s Designated Area of Use); or

ii. a LAN Floating Licence, then the Software may only be used by the number of users specified in the Licence Details on Computers accessing a server, all of which form part of the Licensee’s LAN.

c. The Licensor may determine the extent of the Licensee’s LAN in its reasonable discretion, and if the Licensor determines that Licensee does not qualify for a single LAN Floating Licence (including where the Licensee’s operations expand such that the Site(s) or geographic region(s) in which the Software will be used no longer qualify for a LAN Floating Licence), the Licensee must acquire another Licence from the Licensor.

d. The Licensee is permitted to use any Software for which it has been granted a LAN Floating Licence on a WAN, however if the Licensee does so then (notwithstanding any other provision of this Agreement):

i. no representation or warranty is given that the Software will operate correctly or without errors or defects; and

ii. the Licensor is not obliged to provide any Software Maintenance Services in respect of the Software, when it is used in that manner.

e. Any Service Provider must be approved in advance and in writing by the Licensor before accessing or using the Software, which approval will not be unreasonably withheld or delayed (provided that it will not be unreasonable for the Licensor to withhold approval in respect of a proposed Service Provider who is, or is associated with, a competitor of the Licensor).

f. Except as otherwise provided in clause 10, the Licensor warrants that it has the right and authority to grant the Licence to the Licensee, free and clear of all encumbrances.

4. LICENSEE’S OBLIGATIONS

a. The Licensee must:

i. use the Software only within the Designated Area of Use;

ii. supervise and control access to and use of the Software in accordance with this Agreement;

iii. ensure employees and Service Providers who have access to the Software are made aware of and agree in writing to be bound by the terms and conditions of this Agreement as if they were the Licensee;

iv. ensure any Dongles are kept in a safe and secure place; and

v. ensure that any public use or disclosure of output from the Software prominently acknowledges the Software and the Licensor.

b. The Licensee must not:

i. distribute, transfer or transmit the Software other than as permitted by this Agreement;

ii. reverse compile, reverse engineer or disassemble the Software;

iii. create software to carry out functionality, and/or incorporating concepts, copied from the Software;

iv. create derivative works based upon the Software;

v. remove or tamper with any proprietary notices or labels contained in the Software or its output;

vi. use the Software in any software or hardware virtualisation environment (provided however that use of a server for the purpose of authorising use of the Software on the LAN pursuant to a LAN Floating Licence in accordance with this Agreement will be permitted);

vii. market or commercialise the Software whether by way of sublicensing or providing service bureau, time sharing, renting, outsourcing or other computer services to third parties using the Software, or otherwise make the software available online, without the Licensor’s prior written consent;

viii. part with possession of any Software or Dongle; or

ix. without the Licensor’s prior written consent modify the Software or incorporate or use any component of the Software in any other software, and if the Licensee does so the terms and conditions of this Agreement will apply to those components.

c. If the Licensee requires a replacement Dongle, the Licensee must:

i. provide to the Licensor a certification in writing (in a form acceptable to the Licensor) declaring that the Dongle has been lost or damaged; and

ii. pay the Licensor the Dongle replacement fee as specified in the Licensor’s published price list at that time (being AU$250 as at the date of this Agreement), provided however that the Licensor may in its discretion waive that fee if the Licensee has paid all Software Maintenance Fees due at that time.

5. PAYMENT

a. Payment of the Licence Fee and the Software Maintenance Fee will be made within thirty (30) days of the date of the Licensor’s invoice for those fees.

b. An invoice will be rendered to the Licensee prior to or upon installation of the Software and the first Software Maintenance Fee invoice will be issued ninety (90) days later if not accompanying the original purchase.

c. Subsequent invoices for the Software Maintenance Fee will be issued prior to the anniversary date each year.

d. The Licensee must pay all taxes, duties and other government charges payable or assessed in connection with this Agreement (not being taxes assessed on the Licensor’s income).

e. Unless otherwise stated, the amounts payable for, or in connection with, any Supply under the Agreement do not include any GST, and the Licensee must pay the Licensor an additional amount on account of GST equal to the amounts payable for the Supply multiplied by the prevailing GST rate (which additional amount is payable at the same time and in the same manner as any other amounts are required to be paid under this Agreement, after the Licensor has issued a tax invoice which is in an approved form for GST purposes).

6. INSTALLATION, DOCUMENTATION AND OTHER SERVICES

a. The Licensor will supply the Software to the Licensee in executable form for installation and use in accordance with this Agreement.

b. Installation of the Software may be performed by the Licensor upon request, in which case the Licensee shall be responsible for all reasonable costs incurred during the installation including without limitation time, travel and accommodation costs, computer cables, and media and consumables supplied.

c. The Licensor will supply Documentation in electronic format with the initial installation of the Software, and the Licensee may print copies of the Documentation for the Licensee’s own use.

d. The cost of modifications or consulting services relating to the Software requested by the Licensee and carried out by the Licensor, will be computed on a time and materials basis, using rates as agreed.

7. TITLE, RISK OF LOSS, AND NON-ASSIGNABILITY

a. The Licensee acknowledges and agrees that:

i. the Licensee and its Service Providers will not obtain any title to (and this Agreement will not in any way transfer or assign to them) any part of the Proprietary Property including without limitation any intellectual property rights in the Proprietary Property; and

ii. the Licensor will own (as an between the parties) all right, title and interest in and to the Proprietary Property.

b. The Licence to use the Software is personal to the Licensee and the Licensee may not transfer, sublease, assign, deliver or otherwise dispose of this Licence or the Software to another person without prior written consent of the Licensor, which may be withheld in its absolute discretion.

8. PROPRIETARY INFORMATION

a. The Licensee acknowledges and agrees that the Proprietary Property constitutes confidential and proprietary information of the Licensor or its licensors, and except as expressly provided in this Agreement the Licensee must maintain the Proprietary Property in strict confidence and not disclose, duplicate, or otherwise reproduce it directly or indirectly in whole or in part.

b. The Licensee may make such copies of the Software as are reasonably required for the purposes of operational use, backup, and security.

c. The Licensee agrees to take all reasonable steps to ensure that no unauthorised persons access the Proprietary Property and that all authorised persons having such access will refrain from any such disclosure, duplication, or reproduction.

9. INDEMNITY

a. The Licensor represents that the Software does not infringe the intellectual property rights of any third party.

b. The Licensor will indemnify and hold the Licensee harmless from any award of costs or damages against the Licensee for any action arising out of a claim by a third party that the Software infringes any intellectual property rights of the third party as a result of the use of the Software:

i. strictly in accordance with this Agreement, the Documentation and any written instructions from the Licensor to the Licensee;

ii. under normal use and without any modification of the Software by the Licensee or any third party; and

iii. not in combination with other software or items other than those approved by the Licensor, provided that the Licensee complies with clause 9.c, and subject to clause 10.c.

c. The Licensee must:

i. notify the Licensor of any actual, suspected or alleged infringement by the Software of the intellectual property rights of any third party immediately upon becoming aware of it;

ii. permit the Licensor to assist in the defence, compromise or settlement of any such claim and give the Licensor, at the Licensor’s written request and the Licensor’s expense, all available information, reasonable assistance and authority to do so;

iii. permit the Licensor to, at a minimum, approve any compromise or settlement of any such claim, such approval not to be unreasonably withheld; and

iv. permit the Licensor to (in its absolute discretion) assume exclusive control of the defence of the claim at the Licensor’s expense, in which case the Licensee will reasonably assist the Licensor at the Licensor’s cost.

d. The Licensee will defend, indemnify, and hold harmless the Licensor, its suppliers and resellers from and against all liabilities, costs, damages, and expenses arising from any claims that result from or relate to the Licensee’s use of the Software other than where the Licensor’s indemnity under this clause 9 applies.

10. WARRANTY

a. The Licensee accepts sole responsibility for:

i. the Licensee’s system configuration, design and requirements;

ii. the selection of the Software to achieve Licensee’s intended results; and

iii. any modifications, changes or alterations to the Software.

b. The Licensee warrants that it has had an opportunity to review the Documentation, it understands the functionality of the Software and its ability to work with the Licensee’s systems and to support its business, and that it has made its own evaluation in deciding to license the Software.

c. Prior to full payment of the Licence Fee:

i. the Software is provided on an “as is” basis, without warranty of any kind, including without limitation any warranty that the Software is free of defects, merchantable, fit for a particular purpose, or non‑infringing;

ii. the entire risk as to the use, quality and/or performance of the Software shall be borne exclusively by the Licensee;

iii. if the Software is alleged to infringe the intellectual property rights of any third party, or proves defective in any respect, the Licensee and not the Licensor or its suppliers assumes the entire cost of any defence, service and/or repair; and

iv. notwithstanding anything else in this Agreement, no use of the Software without payment of the Licence Fee to the Licensor is permitted.

d. The Licensor warrants that at the time of delivery of the Software, and for a period of three (3) months thereafter, the Software will not contain any Defects. Subject to this clause 10, if the Software is found to contain a Defect and the Licensee notifies the Licensor of the Defect with documented evidence describing the Defect within the warranty period specified in this clause 10.d, the Licensor will rectify the Defect at its own expense.

e. The warranty in clause 10.d is in lieu of all other warranties, express or implied, including, but not limited to, any warranties of merchantability and fitness for a particular purpose, which are expressly disclaimed.

11. LIMITATION OF LIABILITY

a. Under no circumstances (including in tort, contract, or otherwise) shall the Licensor, its suppliers or resellers be responsible to the Licensee or to any third party for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, loss of business or income, work stoppage, loss of data, computer failure or malfunction, or any and all other commercial damages or losses arising from the use of, or connected in any manner with, the Software.

b. In no event shall the Licensor have, for any reason whatsoever, any monetary liability to the Licensee in excess of the amount the Licensor received from the Licensee for the most recent Licence for the Software, even if the Licensor was informed of the possibility of such damages or of any claim by any third party. For the avoidance of doubt, the above monetary liability limit is a total cumulative amount covering all and any claims against the Licensor.

c. The Licensor provides no warranty in relation to any third party software, hardware, or other goods or services not manufactured or supplied by the Licensor.

d. The Licensee represents and warrants to the Licensor that the Licensee is a sophisticated purchaser and acknowledges and agrees that the allocation of risks in this Agreement is reasonable and appropriate and reflected in the Software Licence Fees, that the Licensor is unable to test the Software under all possible circumstances, and that the Licensor cannot control the manner in which the Licensee uses the Software.

12. SOFTWARE MAINTENANCE SERVICES

a. The Licensee may elect to acquire Software Maintenance Services under this Agreement.

b. The Software Maintenance Services will commence on the date specified in the Licence Details or upon payment of the Software Maintenance Fee (whichever is later), continue a period of 1 year, and may be renewed for further 1 year periods subject to payment by the Licensee of the then-current Software Maintenance Fee.

c. Under the Software Maintenance Services, the Licensor will:

i. rectify Defects in the current version and release of the Software that are notified by the Licensee to the Licensor together with documented evidence describing the Defect;

ii. provide to the Licensee Software Upgrades as they become available;

iii. provide to the Licensee access to support information for the Software via email or the Internet; and

iv. provide to the Licensee up to 10 hours of telephone support per Licence, per year, for the Software at no additional charge (where any additional hours will be charged to the Licensee at the Licensor’s then-current consulting rate).

d. The Licensor is not obliged to provide Software Maintenance Services if the Licensee has not paid all outstanding Licence Fees and Software Maintenance Fees then due, or if Licensee is not using the most current release or version of the Software.

e. Any Software Upgrades will be provided on computer media or via Internet download, and will include any new or revised associated Documentation, a description of the changes and instructions for installation. This Agreement will continue to apply in all respects to any Software Upgrade, which will be deemed to be part of the Software for the purpose of this Agreement.

f. The Licensee may terminate the Software Maintenance Services at any time by providing thirty (30) days written notice to the Licensor of its desire to do so. The Licensee may request a refund of a proportion of the Software Maintenance Fee, calculated on a pro-rata basis considering unused time and services.

g. The Licensor may terminate the Software Maintenance Services if the Licensee fails to pay the Software Maintenance Fee in accordance with clause 5.a.

h. If the Licensee elects to commence receiving Software Maintenance Services, the Licensor may, as a condition of agreeing to provide Software Maintenance Services, require the Licensee to acquire a licence for the latest version or release of the Software and pay any associated licence fees.

13. MONITORING

a. The Licensee acknowledges that the Software is proprietary and may include features that allow the Licensor to remotely and automatically identify, track and analyse certain aspects of the use and performance of the Software (“Monitoring”).

b. Any Monitoring will be conducted for purposes that include assessing compliance with the Licence, improving the Software and/or determining any Licence Fees or Software Maintenance Fees payable by the Licensee (if applicable).

c. The Licensor shall maintain in confidence any and all information obtained through Monitoring.

d. The Licensee hereby consents to any Monitoring.

14. FORCE MAJEURE

a. Neither party will be responsible for any delay or failure to perform its obligations under this Agreement due to a Force Majeure Event.

b. If a delay or failure to perform is caused or anticipated due to a Force Majeure Event, the performance of a party’s obligations will be suspended for so long as the Force Majeure Event prevents such performance.

c. If a delay or failure to perform a party’s obligations due to Force Majeure Event exceeds 14 days, either party may immediately terminate the Agreement by providing written notice to the other party.

15. HIGH RISK ACTIVITIES

a. The Licensee acknowledges and agrees that the Software is not fault-tolerant and is not designed, manufactured or intended for use in control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, where the failure of the Software could lead to death, personal injury, or physical or environmental damage (“High Risk Activities”).

b. Accordingly, the Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

16. NOTICES

a. All notices and demands of any kind which either the Licensor or the Licensee may be required or desire to serve under this Agreement must be in writing and delivered by courier, registered mail, facsimile or email to the address or facsimile number of the receiving party as follows (or as otherwise notified by the receiving party under this clause):

i. for the Licensor, as set forth in the most recent Documentation; and

ii. for the Licensee, to the location where the Software is delivered or which is specified in the Licence Details.

b. Any notice or demand will be deemed to be given:

i. in the case of courier or registered mail, upon receipt by the sending party of an acknowledgement of delivery from the relevant courier or postal body;

ii. in the case of facsimile, upon completion of transmission and receipt of relevant answer back by the sending party’s facsimile machine showing that transmission was successful.; or

iii. in the case of email, at the time of receipt as provided for under the Electronic Transactions Act 1999 (Cth).

17. TERMINATION

a. Either party may terminate this Agreement if the other party breaches any provision of this Agreement and the breach has not been remedied within thirty (30) days of receipt of a written notice specifying the breach.

b. This Agreement will be terminated automatically if the Licensee becomes subject to any Insolvency Event.

c. The Licensor may terminate this Agreement immediately in the event of any attempt to decode or bypass a Dongle in any way.

d. Termination of this Agreement: will not:

i. limit or restrict either party from pursuing any other remedies available to it, including but not limited to injunctive relief where appropriate; or

ii. relieve the Licensee of its obligations to pay all fees and charges which may have accrued prior to such termination.

e. Upon termination, the Licensee must return or destroy or cause to be returned or destroyed, as directed by the Licensor, all of the Software (including all copies), Documentation, and any and all other Proprietary Property in the Licensee’s or any Service Provider’s possession or under its control.

f. Data generated by the Licensee using the Software remains the property of the Licensee.

g. The Licensee must certify, in writing, the Licensee’s compliance with clauses 17.e and 17.f upon request by the Licensor.

18. CONFIDENTIALITY

a. Each party must keep confidential any Confidential Information of the other party that comes into its possession, pursuant to or as a result of or in performance of this Agreement, and must not, without the prior written permission of the other party, disclose such Confidential Information to any third party.

b. This clause shall survive the termination of this Agreement.

19. GENERAL

a.This Agreement:

i. completely and exclusively states the agreement of the parties regarding its subject matter; and

ii. supersedes, and its terms govern, all prior or contemporaneous proposals, agreements or other communications between the parties, oral or written, regarding such subject matter.

b. This Agreement shall not be modified except by a subsequently dated written amendment specifically referring to its subject matter and signed by Licensor and Licensee.

c. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed or severed only to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

d. This Agreement or any rights hereunder shall not be assigned or otherwise transferred by the Licensee to the benefit of any trustee in bankruptcy, receiver, or survivor of the Licensee whether by operation of law or otherwise, without the written consent of the Licensor, and any assignment or transfer thereof without such consent shall be null and void.

e. This Agreement may be assigned by the Licensor to any successor of its business relating to the subject matter of this Agreement.

f. This Agreement shall be governed by the laws of Australia and the state of South Australia, regardless of conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia and courts of appeal from them in respect of any dispute arising in connection with this Contract.

g. Any waiver of any provision of this Agreement, or a delay by either party in the enforcement of any right under this Agreement, must be in writing and will not be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

20. THIRD PARTY SOFTWARE

The Software incorporates third party software which is provided “as is” and without any warranty of any kind by the Licensor, and is subject to any and all limitations and conditions required by such third parties. In particular the Licensor acknowledges the use of the following third party software:

a. crypto++ developed by Wei Dai;

b. ijgjpeg developed by the Independent JPEG Group;

c. zlib developed by Jean-loup Gailly and Mark Adler;

d. HASP HL software sublicensed under the terms and conditions described in the ”HASP HL Software Protection and Licensing Guide”;

e. FreeType developed by the FreeType Project 2006;

f. FFmpeg (http://ffmpeg.org) which has been licensed by the GNU Lesser General Public License (http://www.gnu.org/licenses/lgpl.html);

g. libzip developed by Dieter Baron and Thomas Klausner. Copyright (C) 1999-2008 Dieter Baron and Thomas Klausner. The authors can be contacted at libzip@nih.at. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

i. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

ii. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

iii. The names of the authors may not be used to endorse or promote products derived from this software without specific prior written permission.

iv. THIS SOFTWARE IS PROVIDED BY THE AUTHORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINES INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

h. Universal 3D (U3D) compressed file format, licensed by version 2 Apache license 2004. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.html. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. U3D also makes use of other additional sources, referenced in LicensesAdditional.txt in http://sourceforge.net/projects/u3d/files/.

i. The functionality “Assisted initial positioning” and “Automated initial positioning” from Studio 6.0 onwards was produced in collaboration with the authors of the following publication:

T.-J. Chin, A. Parra Bustos, M. S. Brown and D. Suter, Fast rotation search for real-time interactive point cloud registration, In ACM SIGGRAPH Symposium on Interactive 3D Graphics and Games (I3D) 2014.

j.Point Cloud Library (PCL) www.pointclouds.org

All rights reserved.

Redistribution and use in source and binary forms, with or withoutmodification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the copyright holder(s) nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS" AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THECOPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVERCAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICTLIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING INANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGE.

k. Flann, licenced under BSD License.

THE BSD LICENSE

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

l. Eigen template library, from eigen.tuxfamily.org, licensed under MPL2.

Mozilla Public License Version 2.0

1.1 1. Definition

1.1. “Contributor”

means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.

1.2. “Contributor Version”

means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.

1.3. “Contribution”

means Covered Software of a particular Contributor.

1.4. “Covered Software”

means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.

1.5. “Incompatible With Secondary Licenses”

means

a.that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or

b.that the Covered Software was made available under the terms of version 1.1 or earlier of the License, but not also under the terms of a Secondary License.

1.6. “Executable Form”

means any form of the work other than Source Code Form.

1.7. “Larger Work”

means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.

1.8. “License”

means this document.

1.9. “Licensable”

means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.

1.10. “Modifications”

means any of the following:

a.any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or

b.any new file in Source Code Form that contains any Covered Software.

1.11. “Patent Claims” of a Contributor

means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.

1.12. “Secondary License”

means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.

1.13. “Source Code Form”

means the form of the work preferred for making modifications.

1.14. “You” (or “Your”)

means an individual or a legal entity exercising rights under this License. For legal entities, “You” includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

1.2 2. License Grants and Conditions

1.2.1 2.1. Grants

Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:

a.under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and

b.under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.

1.2.2 2.2. Effective Date

The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.

1.2.3 2.3. Limitations on Grant Scope

The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:

a.for any code that a Contributor has removed from Covered Software; or

b.for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or

c.under Patent Claims infringed by Covered Software in the absence of its Contributions.

This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).

1.2.4 2.4. Subsequent Licenses

No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).

1.2.5 2.5. Representation

Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.

1.2.6 2.6. Fair Use

This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.

1.2.7 2.7. Conditions

Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.

1.3 3. Responsibilities

1.3.1 3.1. Distribution of Source Form

All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.

1.3.2 3.2. Distribution of Executable Form

If You distribute Covered Software in Executable Form then:

a.such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and

b.You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients’ rights in the Source Code Form under this License.

1.3.3 3.3. Distribution of a Larger Work

You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).

1.3.4 3.4. Notices

You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.

1.3.5 3.5. Application of Additional Terms

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.

1.4 4. Inability to Comply Due to Statute or Regulation

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be placed in a text file included with all distributions of the Covered Software under this License. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

1.5 5. Termination

5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.

5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.

5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.

1.6 6. Disclaimer of Warranty

Covered Software is provided under this License on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer.

1.7 7. Limitation of Liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.

1.8 8. Litigation

Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.

1.9 9. Miscellaneous

This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.

1.10 10. Versions of the License

1.10.1 10.1. New Versions

Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.

1.10.2 10.2. Effect of New Versions

You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.

1.10.3 10.3. Modified Versions

If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).

1.10.4 10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses

If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.

1.11 Exhibit A - Source Code Form License Notice

This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed with this file, You can obtain one athttp://mozilla.org/MPL/2.0/.

If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.

You may add additional accurate notices of copyright ownership.

1.12 Exhibit B - “Incompatible With Secondary Licenses” Notice

This Source Code Form is “Incompatible With Secondary Licenses”, as defined by the Mozilla Public License, v. 2.0.

m.HDF5 (Hierarchical Data Format 5) Software Library and Utilities

HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 2006-2015 by The HDF Group.

NCSA HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 1998-2006 by the Board of Trustees of the University of Illinois.

Redistribution and use in source and binary forms, with or without modification, are permitted for any purpose (including commercial purposes) provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or materials provided with the distribution.

3. In addition, redistributions of modified forms of the source or binary code must carry prominent notices stating that the original code was changed and the date of the change.

4. All publications or advertising materials mentioning features or use of this software are asked, but not required, to acknowledge that it was developed by The HDF Group and by the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign and credit the contributors.

5. Neither the name of The HDF Group, the name of the University, nor the name of any Contributor may be used to endorse or promote products derived from this software without specific prior written permission from The HDF Group, the University, or the Contributor, respectively.

DISCLAIMER:
THIS SOFTWARE IS PROVIDED BY THE HDF GROUP AND THE CONTRIBUTORS "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. In no event shall The HDF Group or the Contributors be liable for any damages suffered by the users arising out of the use of this software, even if advised of the possibility of such damage.

Contributors: National Center for Supercomputing Applications (NCSA) at the University of Illinois, Fortner Software, Unidata Program Center (netCDF), The Independent JPEG Group (JPEG), Jean-loup Gailly and Mark Adler (gzip), and Digital Equipment Corporation (DEC).

Portions of HDF5 were developed with support from the Lawrence Berkeley National Laboratory (LBNL) and the United States Department of Energy under Prime Contract No. DE-AC02-05CH11231.

Portions of HDF5 were developed with support from the University of California, Lawrence Livermore National Laboratory (UC LLNL). The following statement applies to those portions of the product and must be retained in any redistribution of source code, binaries, documentation, and/or accompanying materials:

This work was partially produced at the University of California, Lawrence Livermore National Laboratory (UC LLNL) under contract no. W-7405-ENG-48 (Contract 48) between the U.S. Department of Energy (DOE) and The Regents of the University of California (University) for the operation of UC LLNL.

DISCLAIMER:
This work was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor the University of California nor any of their employees, makes any warranty, express or implied, or assumes any liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or the University of California. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or the University of California, and shall not be used for advertising or product endorsement purposes.

C.B. Barber, Arlington, MA and The National Science and Technology Research Center for Computation and Visualization of Geometric Structures (The Geometry Center) University of Minnesota, email: qhull@qhull.org

This software includes Qhull from C.B. Barber and The Geometry Center. Qhull is copyrighted as noted above. Qhull is free software and may be obtained via http from www.qhull.org. It may be freely copied, modified, and redistributed under the following conditions:

1. All copyright notices must remain intact in all files.

2. A copy of this text file must be distributed along with any copies of Qhull that you redistribute; this includes copies that you have modified, or copies of programs or other software products that include Qhull.

3. If you modify Qhull, you must include a notice giving thename of the person performing the modification, the date of modification, and the reason for such modification.

4. When distributing modified versions of Qhull, or other software products that include Qhull, you must provide notice that the original source code may be obtained as noted above.

5. There is no warranty or other guarantee of fitness for Qhull, it is provided solely "as is". Bug reports or fixes may be sent to qhull_bug@qhull.org; the authors may or may not act on them as they desire.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

i. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

iii. Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.