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continue to be subject to the terms and conditions of this License Agreement and shall provide the following copyright
<br />attribution notice acknowledging the proprietary rights of ESRI and its licensor(s) in the Documentation supplied in
<br />digital format: "Portions of this document include intellectual property of ESRI and its licensor(s) and are used herein
<br />under license. Copyright C [Insert the actual copyright dates) from the source materials] ESRI and its licensor(s). All
<br />rights reserved."
<br />(f) Licensee may include ESRI BIS reports and other output in presentation packages or marketing studies for subsidiaries
<br />and customers where the value of the ESRI BIS report or other Data output is less than twenty percent (20 %) of
<br />Licensee's total value of the presentation package or marketing study. Full, complete, stand -alone reports created from
<br />the ESRI BIS Software or Data cannot be resold without prior written permission of ESRI BIS. Licensee's third party
<br />customer may only receive reports and maps generated by Licensee and may only use the maps and reports received
<br />from Licensee for internal purposes.
<br />4.2 Uses Not Permitted
<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 License Agreement.
<br />(b) Licensee shall not redistribute the Software registration number /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 of ESRI m 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 or ESRI's authorized distributor.
<br />(i) With the exception of Server Software application licenses for which such licensed use are contemplated, Licensee shall
<br />not provide access to or allow affiliates or other third parties to use the Software, Data, or Documentation in a distributed
<br />computing environment. This restriction shall not apply to Section 3.4, Consultant Access.
<br />Q) Licensee may not distribute or post Dam, reports, or other output from ESRI BIS Software or Data or services on the
<br />Internet without the express written consent of ESRI BIS.
<br />ARTICLE 5— MAINTENANCE
<br />Maintenance consists of Software, Data, or Documentation updates and access to technical support and other benefits
<br />specified in the most current applicable ESRI or its distributor's Support Services Policy.
<br />ARTICLE (r –TERM AND TERMINATION
<br />The license granted to Licensee by this License Agreement shall commence upon the acceptance of this License Agreement
<br />and shall continue until such time that (i) Licensee elects in writing to discontinue use of the Software, Data, or
<br />Documentation and terminates this License Agreement or (it) either party terminates this License Agreement for a material
<br />breach that is not cured within ten (10) days of written notice to the other party, except that termination is immediate for a
<br />material breach of a nature that it is impossible to cure. Upon termination of this License Agreement, Licensee shall
<br />uninstall, remove, and destroy all Software, Data, and Documentation, and any whole or partial copies, modifications, or
<br />merged portions in any form and execute and deliver evidence of such deinstallation and destruction to ESRI or its authorized
<br />distributor.
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