I have included language from ESRI regarding reproducing thier imagery, as well as a disclaimer reguarding the use of non-esri imagery that may be copyrighted information. This tool is mainly for the use of a users own raster data that they would like to view or share using GE, or other tools that read KML. While that does not stop someone from using ESRI imagery, it contains the original ESRI copyright infomation seen in ArcGIS Explorer, so does not remove that copyright information. This label remains even with the users raster data and will identify that the data was derived using this tool. I have posted it, so hopefully everything is A.O.K.
Thanks for the replys, let me know what you think of the tool. Follow the instructions, or it will not work correctly.