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<br />7. <br /> <br />The ArcGIS Server, ArcIMS, ArcSDE and MapObjects-Java Edition (collectively Server Software) licenses are <br />licensed per Server/CPU and include the right to develop, test, and deploy applications to end users. Additional CPU <br />licenses, Developer licenses, and Development and Testing Server Licenses are available for a fee. All Developer <br />licenses are Single Use licenses. Licensee shall not use a Developer license or a Development and Testing Server license <br />to deploy applications for production use by end users. Licensee may use the Server Software to test and deploy <br />applications on the Internet provided the source and object code are not accessible to users of the application. Except for <br />ArcGIS Server, the Server Software administration tools may be copied and redistributed throughout Licensee's <br />organization. The ArcIMS license includes the right to deploy MapObjects-Windows Edition applications on the <br />Internet or Intranet. Licensee shall not develop client/server solutions with the ArcIMS Java Archive (JAR) files without <br />a license for the MapObjects-Java Edition Developer Kit. <br />ESRI and its licensor(s) grant Licensee a nonexclusive, nontransferable, limited license to use, copy, and prepare <br />derivative works by <br /> <br />8. <br /> <br />(a) Translating "alroute.mld" (hereinafter "Dictionary") from the original text in the English language; <br />(b) Editing Geographic Data Technology (GDT) Data included within ArcLogistics Route; and <br />(c) Adding Data (owned by Licensee or others) to ArcLogistics Route Software. <br /> <br />The license grant is conditioned as follows: <br /> <br />(a) The derivative works are for Licensee's internal use only; <br />(b) ESRI and its licensor(s) retain all exclusive right, title, and interest in and benefits from the derivative works, <br />except Data owned by Licensee or others; and <br />(c) Licensee expressly waives and relinquishes any and all ownership including, but not limited to, copyright, <br />moral rights, or any other statutory or common law claims to the derivative works, except for Data owned by <br />Licensee or others. <br /> <br />Licensee shall not translate, modify, or edit in any way the software name "ArcLogistics Route," software logo, any third <br />party software, any text other than the Dictionary, or any Data other than GDT's. <br /> <br />The amount of Data used by Licensee is limited by Data credits purchased. Additional license fees are required if <br />ArcLogistics Route with Data is to be accessed by more than one (1) ArcLogistics Route license. <br /> <br />9. ArcPad SOFTWARE IS NOT LICENSED FOR NAVIGATIONAL USE. <br />10. This is a "Dual Use License," meaning the Software may be installed on a desktop computer and may be used <br />simultaneously with either a Personal Digital Assistant (PDA) or handheld mobile computer provided that the Software <br />is only used by a single individual at anyone (1) time. <br />l1. Licensee shall not redistribute or disclose the MapObjects developer license file (*.1ic). Developers must attribute as <br />follows: "Portions of this computer program are owned by LizardTech, Inc., and are Copyright «:> 1995-2002 <br />LizardTech, Inc., and/or the University of California. All rights reserved. U.S. Patent No. 5,7l0,835." <br />l2. Redistribution rights for standard or Internet application(s) may be subject to payment of additional license fees. Other <br />restrictions notwithstanding, Licensee may redistribute commercial applications to its sublicensee(s) provided Licensee <br />uses a written sublicense agreement that protects ESRI's rights in its Software, Data, and Documentation to the same <br />extent as the ESRI License Agreement, and that includes the following terms, as a minimum: <br /> <br />(a) Sublicensee may not reverse engineer, decompile, or disassemble the ESRI Software, Data, or Documentation, <br />except to the extent permitted by applicable law, copy for commercial use, transfer, or assign its rights under the <br />license grant; and <br />(b) Sublicensee may not use any ESRI Software, Data, or Documentation, in whole or in part, separate from <br />Licensee's executable application. <br />(c) Third party dependent or required components are redistributable subject to permission from the owner or <br />author. <br /> <br />13. Subject to an annual renewal fee. <br />14. [Reserved] <br />15. For ESRI branded Data, unless there is a statement to the contrary in the metadata, Licensee may use, copy, reproduce, <br />publish, publicly display, or redistribute map images derived from the Data in hard-copy or static, electronic formats <br />(i.e., .gif, .jpeg, etc.), provided that Licensee affixes an attribution statement to the map images acknowledging ESRI or <br />its licensors as the source of the portion( s) of the Data displayed, printed, or plotted. For third-party branded Data, the <br />right to use, reproduce, and redistribute shall be subject to the third-party Data vendor's data license agreement. The <br />Data shall not be used separately from ESRI Software. <br /> <br />Page 2 of4 <br /> <br />E300 5/04 <br />