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<br />. <br />. <br /> <br />from Business Analyst comprises less than twenty percent (20%) of the total content value of the Licensee's <br />client reports, presentation packages, or marketing studies. <br /> <br />Uses Not Permitted: <br /> <br />(a) Licensee shall not sell; rent; lease; sublicense; lend; assign; time-share; or act as a service bureau or <br />Application Service Provider (ASP) of full, complete, stand-alone reports, maps, or data output created <br />from Business Analyst without fIrst entering into an appropriate reseller-type agreement with ESRI. <br />(b) Unless Licensee has separately licensed a copy ofESRI BIS Coder, Community Coder, or ESRI BIS Data <br />that permits appending of the ACORN or Community segmentation codes, Licensee shall not use the Data <br />provided with Business Analyst to assign or append ACORN or Community segmentation codes to <br />addresses or geographical data not included in Business Analyst. <br />(c) Licensee shall not use, copy, redistribute, display, rebroadcast, or otherwise retransmit the Software or Data <br />provided with Business Analyst on the Internet without first entering into an appropriate Internet/Intranet <br />Deployment-type agreement with ESRI. <br />(d) Licensee shall not withhold any substantial right (e.g., extension of credit) from any individual based solely <br />on the ACORN or Community market segmentation systems type of said individual's place ofresidence." <br /> <br />22. [Reserved] <br />23. The ArcGIS Engine Developer Kit grants the right to develop an unlimited number of applications on a single computer <br />and to deliver the applications with or without the Engine Runtime Software to end users. The ArcGIS Engine <br />Developer Kit licenses and Engine Runtime licenses may be licensed independent of the other. Licensee shall not <br />redistribute the Engine Developer Kit authorization file, The Engine Runtime licenses shall not be used for development <br />of Engine applications. Internet Deployment is not permitted. An end user must license either ArcGIS Engine Runtime <br />Software or other ArcGIS Desktop Software (ArcView, ArcEditor, or ArcInfo) to obtain the right to run an unlimited <br />number of ArcGIS Engine Developer Kit applications on one (1) computer. The ArcGIS Engine Runtime Options shall <br />not be used in combination with ArcGIS Software to run ArcGIS Engine applications. Developers must attribute as <br />follows: "Portions of this computer program are owned by LizardT ech, Inc., and are Copyright «:J 1995-2002 <br />LizardTech, Inc., and/or the University of California. All rights reserved. U.S. Patent No.5, 710,835." <br />24. ArcGIS Server requires ArcSDE and an ArcGIS Desktop License (ArcInfo, ArcEditor, or ArcView), licensed separately. <br />The ArcGIS Server Base License includes the GIS Server and the Application Developer Framework (ADF). The <br />ArcGIS Server options or extensions are the ArcGIS Server Spatial Option, ArcGIS Server 3D Option, and the ArcGIS <br />Server StreetMap USA Option. An ArcGIS Server standard license includes the right to install and run the .NET or Java <br />ADF on one (1) developer computer for the purposes of developing Web applications and services. Licensee may <br />deploy Arc GIS Server applications on the Internet provided the source and object code are not accessible to users of the <br />application, and that Licensee does not generate revenue directly by charging for access to the site or service by selling <br />data, pay-per-view, or subscription fee, or similar means by utilization of the Software. <br /> <br />General Notes: <br /> <br />A. Use ofESRI Software, Data, or Documentation in a commercial Application Service Provider (ASP) business model is <br />subject to execution of a written ASP license agreement and the payment of the appropriate additional license fees. For <br />purposes of this Agreement, a commercial ASP means a Licensee who uses ESRI Software, Data, or Documentation for <br />a site or service, operates the site or the service for a profit, and generates revenue by charging for access to the site or <br />service (by selling data, pay-per-view, subscription fee, or similar means). <br />B. ESRI does not permit a Licensee to make the ESRI Software, Data, or Documentation accessible to third parties for <br />remote geoprocessing or on a global server for access by foreign affiliates or other third parties. <br /> <br />Page 4 of 4 <br /> <br />E300 5/04 <br />