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,'~~ ~ GENERAL LICENSE TERMS AND CONDITIONS
<br />(E200 6/08)
<br />ESRI, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953
<br />ARTICLE 1-DEFINITIONS
<br />Definitions. The terms used are defined as follows:
<br />a. "Beta" means any alpha, beta, or prerelease Software, Data, Documentation, or Web Services.
<br />b. "Data" means any ESRI or third-party digital dataset(s) including, but not limited to, geographic vector data
<br />coordinates, raster, reports, or associated tabular attributes, licensed under this License Agreement.
<br />c. "Documentation" means all printed and digital materials including, but not limited to, help files, user reference
<br />documentation, training documentation, or technical information and briefings.
<br />d. "Samples" means sample code, sample applications, add-ons, or sample extensions of Software, Data,
<br />Documentation, or Web Services.
<br />e. "Software" means all or any portion of ESRI's proprietary software technology accessed or downloaded from an
<br />authorized ESRI Web site or delivered on any media in any format including backups, updates, service packs,
<br />patches, hot fixes, or permitted merged copies.
<br />f. "Term License" means licenses provided for use in a limited time period or on a subscription or transaction basis.
<br />g. "Web Services" means software services or ESRI or third-party data provided by ESRI that perform geographic
<br />information system (GIS) functions, tasks, or data services and are accessed over the Internet.
<br />ARTICLE 2-INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP
<br />Software, Data, Web Services, and Documentation are licensed and not sold. ESRI and its licensors own Software, Data,
<br />Web Services, and Documentation, which are protected by United States and applicable international laws, treaties, and
<br />conventions regarding intellectual property and proprietary rights including trade secrets. Licensee agrees to use reasonable
<br />means to protect Software, Data, Web Services, and Documentation from unauthorized use, reproduction, distribution, or
<br />publication. ESRI and its third-party licensors reserve all rights not specifically granted in this License Agreement including
<br />the right to change and improve Web Services.
<br />ARTICLE 3-GRANT OF LICENSE
<br />3.1 Grant of License. Subject to the terms of this License Agreement, ESRI grants to Licensee a personal, nonexclusive,
<br />nontransferable license solely to
<br />a. Use the type and number of copies of Software, Data, and Documentation and access Web Services (i) for which the
<br />applicable license fees have been paid, (ii) for Licensee's own internal use, and (iii) in accordance with Exhibit 1 and
<br />the licensed configuration on file as authorized by ESRI.
<br />b. Access and use any secure ESRI Web site resources made available to Licensee for Licensee's own internal use,
<br />provided that Licensee follows ESRI's terms of use policy specified therein. All password or controlled access
<br />information provided by ESRI shall be treated as ESRI confidential information.
<br />3.2 Beta License. Licensee maybe accepted into a current Beta Testing Program.
<br />a. If accepted into the Beta Testing Program, ESRI will provide to Licensee access to Beta and will grant Licensee a
<br />personal, nonexclusive, nontransferable, royalty-free license to use Beta at the authorized and identified test sites
<br />solely for the purpose of testing Beta as delivered, in accordance with the Beta Testing Program guidelines and the
<br />terms of this License Agreement. This grant of license is effective from the date accepted into the program or date of
<br />receipt of any Beta until the date of the commercial release of Software from ESRI Customer Service or the date of
<br />termination of the Beta Testing Program for the specific Beta, whichever is sooner.
<br />b. Licensee agrees to provide suggestions or comments regarding performance, usability or effectiveness, bug reports,
<br />test reports, or other feedback (collectively, "Feedback") to ESRI with respect to Beta. ESRI retains title to such
<br />comments and may freely use, disclose, reproduce, license, distribute, and otherwise commercialize any Feedback.
<br />c. Beta and Feedback contain confidential information and trade secrets that are proprietary to ESRI. Licensee agrees
<br />to use commercially reasonable means (at least as great as those used by Licensee for its own confidential
<br />information) to maintain the integrity, confidentiality, and ESRI proprietary rights in Beta and Feedback.
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