|
<br />3.3 Evaluation License--ESRI may from time to time extend a limited term evaluation licensees) under the terms of this
<br />Agreement, for the duration authorized in any supporting documentation supplied by ESRI. Any evaluation license
<br />subsequently converted to a full use license is also subject to the terms of this Agreement.
<br />
<br />3.4 Consultant Access-Licensee may provide access to the Software, Data, or Documentation to any consultant or
<br />contractor of Licensee, provided that the consultant or contractor is using the Software, Data, or Documentation exclusively
<br />for the benefit of Licensee. Licensee shall be responsible for compliance by consultants or contractors with the terms and
<br />conditions of this Agreement.
<br />
<br />ARTICLE 4-SCOPE OF USE
<br />
<br />4.1 Permitted Uses
<br />
<br />(a) Licensee may (i) install and store copies onto electronic storage device(s) and (ii) only use the Software, Data, and
<br />Documentation as described in Exhibit I set forth herein and in accordance with the licensed configuration on file with
<br />ESRI Customer Service.
<br />(b) Licensee may make one (l) copy of the Software, Data, and Documentation for archival purposes during the term of this
<br />Agreement. Additionally, Licensee may make routine computer backups and implement a redundant Software
<br />installation for failover operations during the period the primary site is not operational. The redundant Software
<br />installation shall remain dormant except for system maintenance and updating of databases while the primary site is
<br />operational.
<br />(c) Licensee may customize the Software using any (i) macro or scripting language, (ii) open application programming
<br />interface (API), or (iii) source or object code libraries, but only to the extent that such customization is described in the
<br />Documentation.
<br />(d) Licensee may use the Data only as described in the Distribution Rights section of the help or metadata files delivered
<br />with the Software, Data, and Documentation, or subject to the third party Data vendor's terms.
<br />(e) Licensee may use, copy, or prepare derivative works of the Documentation supplied in digital format and thereafter
<br />reproduce, display, and redistribute the customized documentation only for Licensee's own internal use. The portiones)
<br />of the Documentation supplied in digital format merged with other software and printed or digital documentation shall
<br />continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright attribution
<br />notice acknowledging the proprietary rights ofESRI and its licensor(s) in the Documentation supplied in digital format:
<br />"Portions of this document include intellectual property ofESRI and its licensor(s) and are used herein under license.
<br />Copyright «:J [Insert the actual copyright daters) from the source materials] ESRI and its licensor(s). All rights
<br />reserved. "
<br />
<br />4.2 Uses Not Permitted
<br />
<br />(a) Licensee shall not sell; rent; lease; sublicense; lend; assign; time-share; or act as a service bureau or Application Service
<br />Provider (ASP) that allows third party access to the Software, Data, and Documentation except as provided herein; or
<br />transfer, in whole or in part, access to prior or present versions of the Software, Data, or Documentation, any updates, or
<br />Licensee's rights under this Agreement.
<br />(b) Licensee shall not redistribute the Software developer license authorization file( s).
<br />(c) Licensee shall not redistribute the Software, in whole or in part, including, but not limited to, extensions, components, or
<br />DLLs without the prior written approval ofESRI as set forth in an appropriate redistribution license agreement.
<br />(d) Licensee shall not reverse engineer, decompile, or disassemble the Software, Data, or Documentation, except to the
<br />extent that such activity is expressly permitted by applicable law notwithstanding this restriction in order to protect ESRI
<br />and its licensor(s) trade secrets and proprietary information contained in the Software, Data, or Documentation.
<br />(e) Licensee shall not make any attempt to circumvent the technological measure(s) (e.g., License Manager, etc.) that
<br />controls access to or use of the Software, Data, and Documentation, except to the extent that such activity is expressly
<br />permitted by applicable law notwithstanding this restriction.
<br />(f) Licensee shall not use the Software to transfer or exchange any material where such transfer or exchange is prohibited by
<br />copyright or any other law.
<br />(g) Licensee shall not remove or obscure any ESRI or its licensor(s) patent, copyright, trademark, or proprietary rights
<br />notices contained in or affixed to the Software, Data, or Documentation.
<br />(h) After a reasonable transition period for updating to the most current version of the Software, Licensee shall cease using
<br />all prior version(s) of the Software that Licensee has elected to update to the most current version(s) of the Software.
<br />When the transition to the most current version(s) of the Software is complete, the quantity of Software licenses in use
<br />by Licensee at any given time shall not exceed the total quantity licensed by ESRI in accordance with the licensed
<br />configuration on file with ESRI Customer Service.
<br />
<br />Page 2 of5
<br />
<br />E200 5/04
<br />
|