OpendTect license agreement Copyright (C) dGB Beheer BV, 2002-2007. All Rights Reserved. The Software - named OpendTect - contained on this media is the property of dGB Beheer BV, a company incorporated under the laws of The Netherlands, whose Registered Office is situated at Nijverheidstraat 11-2, 7511 JM Enschede, The Netherlands (hereafter dGB), who has appointed dGB Earth Sciences BV and dGB-USA LLC separately and/or jointly to act as custodians of the Software and to represent dGB Beheer (hereafter: dGB). The following conditions apply: 1. dGB grants you (hereafter, Licensee) a license to use the Software for academic, research and non-commercial purposes only, without a fee. Licensees may distribute the binary and source code to third parties under the terms of this license but must ensure that such distribution is under the terms of this license and this license is distributed along with the binaries and source. 2. dGB imposes no restrictions on any code developed using the Software provided the code is used for non-commercial purposes. 3. Any Licensee wishing to make commercial use of the Software, or Products added to the Software (hereafter: Plugins), or Products derived from the Software (hereafter: Derived Products) is obliged to contact dGB and sign a maintenance & support contract and pay the appropriate annual fee per user. Commercial use means applying Software, Plugins or Derived Products in projects with commercial intent. 4. If Licensee has modified the Software and thus created a Derived Product, Licensee is not obliged to publish the modifications as open source code, so long as the modification is for Licensee's use only. If Licensee decides to publish the modifications as open source code Licensee is obliged to inform dGB. dGB has the right to include any part of the modified Software in subsequent release versions of the Software. Licensee agrees that copyright and title of any modifications that are included in the official release are automatically transferred to dGB. dGB shall include relevant acknowledgements in the source code as and where appropriate. Licensee is not allowed to distribute the Derived Product in such a way that the Derived Product could develop into a new fork of the Software outside the control of dGB. 5. Any Licensee who has created a Plugin has the option to keep such a Plugin proprietary, or to make it available as open source code for the benefit of the Software user community or to commercialize it by themselves, through third parties, or through dGB. 6. Any Licensee who has created Plugins and/or Derived Products and sold, leased or otherwise made available Software under a commercial scheme shall supply dGB within 30 days of closing the deal with contact details of the new license holder. dGB will use the information to collect an annual maintenance and support fee from the new license holder in case Plugins and/or Derived Products are used for commercial purposes as defined under Clause 3. If Plugins are sold to a company that already has a relevant maintenance agreement in place for the Software, then no additional maintenance fee for the Software is due. For example, a company needs to pay to dGB only one annual maintenance fee for each single-user floating license of the Software even if it runs many commercial Plugins bought from different vendors. Licensee is obliged to report any sale to dGB irrespective of the buyer having a maintenance agreement in place with dGB or not. 7. Any Licensee who makes unauthorized commercial use of the Software is liable to a fine of three times the current annual maintenance and support fee per user per event. 8. This software is being provided "AS IS" without warranty of any kind, express, implied or otherwise, including without limitation, any warranty of merchantability or fitness for a particular purpose. 9. In no event shall dGB be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this software. 10. Any queries, comments or bug fixes can be addressed per e-mail to support@dgb-group.com . For general information, software distribution and user group issues, please visit www.opendtect.org . For commercial issues, please contact dGB at one of the following addresses: dGB Earth Sciences BV Nijverheidstraat 11-2 7511 JM Enschede The Netherlands Tel: +31 53 4315 155 Fax: +31 53 4315 104 dGB-USA LLC 1 Sugar Creek Center Blvd. Suite 935 Sugar Land, TX 77478 Tel: +1 281 240 3939 Fax: +1 281 240 3944 dGB India Ltd 304 Gateway Plaza Hiranandani Gardens Powai, Mumbai 400 076 India Tel: +91 22 25704984 Email: info@dgb-group.com Web: www.dgb-group.com