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9.11 Maintenance. Maintenance for qualifying Software or Data consists of updates and other benefits, such as access to <br />technical support, specified in Esri's or its distributor's most current applicable software maintenance policy. <br />9.12 Patents. Licensee may not seek, and may not permit any other user to seek, a patent or similar right worldwide that is <br />based on or incorporates any Esri technology or services. This express prohibition on patenting shall not apply to Licensee's <br />software and technology except to the extent that Esri technology or services, or any portion thereof, are a part of any claim <br />or preferred embodiment in a patent application or a similar application. <br />9.13 Entire Agreement. This License Agreement, including Exhibit 1, constitutes the sole and entire agreement of the <br />parties as to the subject matter set forth herein and supersedes any previous license agreements, understandings, and <br />arrangements between the parties relating to such subject matter. Additional or different terms included with an order or other <br />document shall not be binding on Esri. Any modification(s) or amendment(s) to this License Agreement must be in writing <br />and signed by each party. <br />E204 Page 7 of 7 04/22/2010 <br />25B-14