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1. "Single Use License." Licensee may permit a single authorized end user to install and use the Software, Data, and <br />Documentation on a single computer for use by that end user on the computer on which the Software is installed. Remote <br />access is not permitted. Licensee may permit the single authorized end user to make a second copy for end user's <br />exclusive use on a portable computer as long as only one (1) copy of the Software, Data, and Documentation is in use at <br />any one (1) time. <br />2. "Concurrent Use License." Licensee may install and use the Software, Data, and Documentation on computer(s) on a <br />network, but the number of simultaneous users may not exceed the number of licenses acquired. <br />3. "Development Server License." Licensee may install and use the Software on a single computer to design and build <br />applications that interface with or utilize server Software as described in the Documentation. <br />4. "Staging Server License." In addition to the Development Server License rights, Licensee may use and install the <br />Software for the following purposes: user acceptance testing, performance testing, load testing of other third-party <br />software, staging new commercial data updates, and training activities. <br />5. "Deployment Server License." In addition to the Staging Server License rights, Licensee may install and use the <br />Software or Data to provide services to multiple users on the same or other computer(s). <br />6. Provided only as a Term License. <br />7. Extensions to Software programs follow the same scope of use as that granted for the corresponding Software programs. <br />8. The administration tools for the Software may be copied and redistributed throughout Licensee's organization. <br />9. User-developed ArcGIS Server administration tools may be copied throughout Licensee's organization, but the <br />ArcCatalog application (found in ArcGIS Desktop) may not be copied. <br />10. The ArcIMS license includes the right to deploy MapObjects Windows Edition applications on the Internet or Intranet. <br />Licensee shall not develop client/server solutions with the ArcIMS Java Archive (JAR) files without a license for the <br />MapObjects-Java Edition Developer Kit. <br />11. The Software is licensed per server. The licensed server is the server on which the Spatial Data Service is installed. <br />Licensee may install and use the Software to provide services to multiple users on the same or other computer(s). <br />12. ArcPad SOFTWARE IS NOT LICENSED FOR NAVIGATIONAL USE. <br />13. "Dual Use License" means the Software maybe installed on a desktop computer and used simultaneously with either a <br />personal digital assistant (PDA) or handheld mobile computer as long as the Software is only used by a single individual <br />at any one (1) time. <br />14. Developers must include the following attribution with any deployed MapObjects application: "Portions of this computer <br />program are owned by LizardTech, Inc., and are Copyright ©1995-2002 LizardTech, Inc., and/or the University of <br />California. All rights reserved. U.S. Patent No. 5,710,835." <br />15. Deployment licenses for desktop or Internet application(s) maybe subject to payment of additional license fees. <br />16. Licensee may deliver applications to its sublicensee(s) provided Licensee uses a written sublicense agreement that <br />protects ESRI's rights in its Software, Data, Web Services, and Documentation to the same extent as the ESRI License <br />Agreement including, but not limited to, the following terms: <br />a. Sublicensee may not reverse engineer, decompile, or disassemble the ESRI Software, Data, Web Services, or <br />Documentation, except to the extent permitted by applicable law; copy for commercial use; transfer; or assign <br />its rights under the license grant; <br />b. Sublicensee may not use any ESRI Software, Data, Web Services, or Documentation, in whole or in part, <br />separate from Licensee's executable application; and <br />c. Third-party dependent or required components are redistributable subject to permission from the owner or <br />author. <br />17. Licensee may use Business Objects Crystal Reports software only with the ArcView 3.x Software with which it was <br />acquired and subject to the Crystal Reports License Agreement available on the media. Licensee may not use a software <br />program or system to cache or queue report requests. <br />18. The deployment license is per application per computer. <br />19. The MapObjects-Java Edition contains Java Archive files, which indicate they are authentic ESRI-certificated files <br />when used over the Internet. Licensee shall not use ESRI certification or reference ESRI as a source of trusted content in <br />any modified MapObjects Java Archive files. Licensee may deploy the unmodified Java class ESRI certified libraries as <br />an integral part of the Licensee's application(s). <br />20. Licensee may reproduce and deploy the Software provided all the following occur: (a) The Software is reproduced and <br />deployed in its entirety; (b) a license agreement accompanies each copy of the Software that protects the Software to the <br />same extent as the ESRI License Agreement, and the recipient agrees to be bound by the terms and conditions of the <br />license agreement; (c) all copyright and trademark attributions/notices are reproduced; and (d) there is no charge or fee <br />attributable to the use of the Software. <br />Page 2 of 4 E300 7/09 <br />