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d. Beta is subject to change prior to its commercial release or may never be commercially released. Licensee
<br />acknowledges that Beta is not suitable or licensed for full use in any production system and accepts all responsibility
<br />for use and any results generated.
<br />3.3 Evaluation License. ESRI may from time to time offer Term License(s) for Software, Data, Web Services, or
<br />Documentation for Licensee's evaluation only.
<br />3.4 Consultant or Contractor Access. Subject to Section 3.1, ESRI grants Licensee the right to provide access to and use of
<br />Software, Data, Web Services, or Documentation to any consultant or contractor of Licensee exclusively for the benefit of
<br />Licensee. Licensee shall be solely responsible for compliance by consultants and contractors with this License Agreement.
<br />Access to or use of Software, Data, Web Services, and Documentation by consultants or contractors not exclusively for the
<br />benefit of Licensee is prohibited.
<br />ARTICLE 4-SCOPE OF USE
<br />4.1 Permitted Uses
<br />a. Licensee may install and store Software, Data, and Documentation on electronic storage device(s).
<br />b. Licensee may make one (1) copy of Software, Data, and Documentation for archival purposes. Licensee may make
<br />routine computer backups.
<br />c. Licensee may customize Software using any (i) macro or scripting language, (ii) published application programming
<br />interface (API), or (iii) source or object code libraries, but only to the extent that such customization is described in
<br />Documentation.
<br />d. Licensee may use, copy, or prepare derivative works of Documentation supplied in digital format and thereafter
<br />reproduce, display, and redistribute the customized documentation only for Licensee's own internal use. Portion(s) of
<br />Documentation supplied in digital format merged with other software and printed or digital documentation are subject to
<br />this License Agreement. Licensee shall include the following copyright attribution notice acknowledging the proprietary
<br />rights of ESRI and its licensors: "Portions of this document include intellectual property of ESRI and its licensors and are
<br />used herein under license. Copyright ©[Insert the nctual copyright date(s) from the source materials] ESRI and its
<br />licensors. All rights reserved."
<br />4.2 Uses Not Permitted
<br />a. Except as provided herein, Licensee shall not sell, rent, lease, sublicense, lend, assign, or time-share Software, Data,
<br />Web Services, or Documentation. Licensee shall not act as a service bureau or commercial application service provider
<br />(ASP) that allows khird-party access to Software, Data, Web Services, and Documentation. A commercial ASP means a
<br />Licensee who uses Software, Data, Web Services, or Documentation for a site or service and operates the site or the
<br />service for a profit or generates revenue by charging for access to the site or service.
<br />b. Licensee shall not redistribute Software, Data, or Web Services to unauthorized third parties, in whole or in part,
<br />including, but not limited to, extensions, components, or DLLs without the prior written approval of ESRI.
<br />c. Licensee shall not reverse engineer, decompile, or disassemble Software, Data, Web Services, or Documentation except
<br />to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction.
<br />d. Except to the extent that applicable law prohibits this restriction, Licensee shall not make any attempt to circumvent the
<br />technological measure(s) that controls access to or use of Software, Data, Web Services, and Documentation.
<br />e. Licensee shall not redistribute Software registration number/license authorization file(s), developer license file(s), or
<br />Web Services access codes to unauthorized third parties without the prior approval of ESRI.
<br />f Licensee shall not use Software or Web Services to transfer or exchange any material where such transfer or exchange is
<br />prohibited by intellectual property laws or any other applicable laws.
<br />g. Licensee shall not remove or obscure any ESRI or its licensors' patent, copyright, trademark, or proprietary rights notices
<br />contained in or affixed to Software, Data, Web Services, or Documentation.
<br />h. Licensee shall not unbundle individual or component parts of Software or Data for independent use.
<br />ARTICLE 5-TERM AND TERMINATION
<br />This License Agreement is effective upon acceptance. This License Agreement and any licenses granted hereunder shall
<br />continue until (i) such time that Licensee elects in writing to discontinue use of Software, Data, Web Services, or
<br />Documentation and terminates the license; (ii) expiration of a Term License; or (iii) either party terminates the license for a
<br />material breach that is not cured within ten (10) days of written notice to the other party, except that termination is immediate
<br />for a material breach of a nature that is impossible to cure. Upon termination of a license, Licensee shall (i) cease access and
<br />use of Web Services and clear Web Services client-side data cache and (ii) uninstall, remove, and destroy all Software, Data,
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