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Agreement including, but not limited to, Article 4, ESRI grams to Licensee a personal, nonexclusive, nontransferable license
<br />to
<br />(a) Use the Software, Data, and Documentation as a single package for Licensee's own internal use only; and
<br />(b) Access and use any secure ESRI Web site resources made available to Licensee for Licensee's internal use only,
<br />provided that Licensee follows ESRI's terms of use policy specified therein. All password or controlled access
<br />information provided by ESRI or its authorized distributor shall be treated as ESRI confidential information.
<br />3.2 Beta License—In the event ESRI accepts Licensee into a current Beta Testing program, Licensee may be provided
<br />copies of alpha, beta, and/or prerelease (hereinafter collectively referred to as "Beta ") Software for the limited purpose of
<br />testing the Beta Software in accordance with the Beta testing policies then in effect. Beta Software and Documentation
<br />delivered are confidential and proprietary to ESRI and contain trade secrets, inclusive of unpublished specifications. In
<br />consideration of the rights granted herein, Licensee agrees to retain all Beta Software and Documentation provided to
<br />Licensee in confidence. Licensee shall maintain all results of testing in confidence and agrees not to disclose to any third
<br />party details pertaining to the Beta Software, Documentation, test results, or errors encountered. ESRI reserves the right to
<br />determine which Beta Software and Documentation, subsequent interim beta releme(s), or patch(es) will be made available to
<br />Licensee to test during the term of the License Agreement. Beta Software is subject to change prior to its commercial release
<br />and may never be commercially released. Licensee is advised that such Software is not suitable or licensed for full use and
<br />accepts all responsibility for use of the same and any results generated.
<br />3.3 Evaluation License —ESRI may from time to time extend a limited term evaluation license(s) under the terms of this
<br />License Agreement, for the duration authorized in any supporting documentation supplied by ESRI.
<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 License Agreement.
<br />3.5 Commercial Application Service Provider —Use of ESRI Software, Data, or Documentation in a commercial
<br />Application Service Provider (ASP) business model is subject to execution of a written ASP license agreement and the
<br />payment of the appropriate additional license fees. For purposes of this License Agreement, a commercial ASP means a
<br />Licensee who uses ESRI Software, Data, or Documentation for a site or service, operates the site or the service for a profit,
<br />and generates revenue by charging for access to the site or service (by selling data, pay - per -view, subscription fee, or similar
<br />means).
<br />ARTICLE 4—SCOPE OF USE
<br />4.1 Permitted Uses
<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 1 —Scope of Use and in accordance with the licensed configuration provided at
<br />the time of order, Software registration, or License Manager issuance.
<br />(b) Licensee may make one (1) copy of the Software, Data, and Documentation for archival purposes during the term of this
<br />License 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, (it) 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) Excluding ESRI BIS Data and unless there is a statement to the contrary in the metadata, Licensee may use, copy,
<br />reproduce, publish, publicly display, or redistribute map images derived from ESRI branded Data in hard -copy or static,
<br />electronic formats (i.e., .gif, .tif, etc.) provided that Licensee affixes an attribution statement to the map images
<br />acknowledging ESRI or its licensors as the source of the portion(s) of such Data displayed, printed, or plotted. The ESRI
<br />branded Data shall not be used separately from ESRI Software. Otherwise, Licensee may use the Data only as described
<br />in the Distribution Rights section of the help or metadata files delivered with the Software, Data, and Documentation, or
<br />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 portion(s)
<br />of the Documentation supplied in digital format merged with other software and printed or digital documentation shall
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