|
(d) There is no charge or fee attributable to the use of the AmReader or AmExplorer Software; and
<br />(e) Sourcebook America may not be redistributed.
<br />19. Data provided with ArePad StreetMap may be used for mapping, geocoding, and routing purposes but may not be used
<br />for dynamic routing purposes. Dynamic routing or "real -time guidance" is predictive routing and is not included in the
<br />Arc Pad StreetMap functionality. For instance, ArePad StreetMap may not be used to alert a user about upcoming
<br />maneuvers (such as warning of an upcoming turn) or calculating an alternate route if a turn is missed.
<br />20. Notwithstanding the Tenn and Termination provision of the General License Terms and Conditions, Tapestry and
<br />Community Coder are term licenses. ESRI Software, Data, and Documentation shall be subject to the Permitted Uses
<br />and Uses Not Permitted described below
<br />"Permitted Uses:
<br />(a) Licensee is granted permission to include resultant maps, reports, or other data output derived from ESRI
<br />Software, Data, and Documentation only as part of Licensees value -added products and/or services (e.g.,
<br />Licensee's client reports, presentation packages, marketing studies, etc.) to current or prospective clients, so
<br />long as the resultant maps, reports, or other data output derived from ESRI Software, Data, and
<br />Documentation comprises less than twenty percent (20 %) of the total value of Licensee's client reports,
<br />presentation packages, or marketing studies.
<br />(b) If Licensee orders a license for ArcGIS Business Analyst with a subset of the national data set (i.e., Region,
<br />State, Local), Licensee may use only the licensed subset, and may not use any other portion of the national
<br />data set.
<br />Uses Not Permitted:
<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 ESRI Software, Data, and Documentation without first entering into an appropriate reseller -type
<br />agreement with ESRI.
<br />(b) Unless Licensee has separately licensed a copy of Community Coder, or ESRI Data that permits appending
<br />of the Community Tapestry market segmentation system codes ( "Tapestry Codes "), Licensee shall not use
<br />the ESRI Data to assign or append Tapestry Codes to addresses or geographical data not included with
<br />ESRI Software, Data, and Documentation. If Licensee is granted the right to assign Tapestry Codes to
<br />Licensee's own files or records (i.e., profiling), Tapestry Codes shall not be disclosed to or used for the
<br />benefit of third parties nor shall Licensee provide any third party with mapping, indexing or delivery
<br />services made possible through the use of the deliverables without ESRI's express written permission.
<br />(c) Licensee shall not use, copy, redistribute, publicly display, rebroadcast, or otherwise retransmit the ESRI
<br />Software, Data, and Documentation on the Internet without first entering into an appropriate
<br />Intemeb'Intranet 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 Community Tapestry market segmentation systems type of said individual's place of residence.
<br />21. The AtcGIS 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 and Server development and deployment is not permitted. An end user must license
<br />either ArcGIS Engine Runtime Software or other ArcGIS Desktop Software (Arc View, ArcEditor, or Arclnfc) to obtain
<br />the right to run an unlimited number of applications built from the ArcGIS Engine Developer Kit on one (1) computer.
<br />The ArcGIS Engine Runtime Extensions shall not be used in combination with ArcGIS Desktop Software to run ArcGIS
<br />Engine applications. Developers must attribute as follows: "Portions of this computer program are owned by
<br />LizardTech, Inc., and are Copyright D 1995 -2002 LizardTech, Inc., and /or the University of California. All rights
<br />reserved. U.S. Patent No. 5,710,835."
<br />22. Server Sofiware may be used in logical, virtual, and "on- demand" server configurations. When counting the number of
<br />CPU licenses required for each type of server configuration, ESRI counts all the physical CPUs in a server where the
<br />Server Software is installed and/or running. In logical server configurations each Server Software license may be
<br />installed on up to two (2) CPUs in one (l) logical server. For "on- demand computing" dormant CPUs do not need to be
<br />licensed until they are activated. In virtual server configurations all CPUs in the server must be licensed.
<br />Page 4 of 4 E300 9/05B
<br />
|