The End User acknowledge that the Products and the data within them are proprietary to, copyrighted by, and may contain trade secrets of, EarthWatch or its suppliers. Unauthorized reproduction, distribution, or display of the Products or preparation of any Derivative Work of the Products in any manner not expressly authorized by paragraphs 2 and 3 above is prohibited. The End User agrees to take reasonable measures to protect the trade secret status. All Government End Users acquire the Products with only those rights set forth herein. The End User shall ensure that in no event shall a government entity acquire any rights other than those provided in this License.
Products come with a limited warranty.
Subject to Section 8 of this License, EarthWatch shall defend any claim asserted against the End User that the Products infringe any United States patents or United States copyrights of any third party. EarthWatch shall have the sole right to control the defense and negotiation of all such claims, and the End User shall fully cooperate in EarthWatch's defense of all such claims. The End User shall not litigate or settle any such claim without EarthWatch's prior written approval. If enjoined from using the Products, EarthWatch may procure the right for the End User to continue to use the Products, replace or modify the Products to make them non-infringing, or terminate this EULA and refund the licensing fees paid for the affected Products. This Section states the entire obligation of EarthWatch to the End User for any claim or infringement relating to the Products.