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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 or its authorized distributor. <br />b. Access and use any secure Esri website 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 or its authorized distributor shall be treated as Esri confidential information. <br />3.2 Beta License. Licensee may be accepted into a current Beta Testing Program. <br />a. If Licensee is accepted into the Beta Testing Program, Esri will provide to Licensee access to Beta and will grant <br />Licensee a personal, nonexclusive, nontransferable, royalty-free Term License to use Beta at the authorized and <br />identified test sites solely for the purpose of testing Beta as delivered, in accordance with the Beta Testing Program <br />guidelines and the terms of this License Agreement. This grant of license is effective from the date Licensee is <br />accepted into the program or date of receipt of any Beta until the date of the commercial release of Software from <br />Esri Customer Service or the date of termination of the Beta Testing Program for the specific Beta, whichever is <br />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. <br />c. Licensee grants to Esri the right to freely use, share, disclose, reproduce, license, distribute and otherwise publicly <br />display and perform any Feedback provided to Esri by Licensee. Licensee will not provide Feedback that Licensee <br />knows or reasonably should have known contains content subject to license or use restrictions. <br />d. Beta and Feedback contain confidential information and trade secrets that are proprietary to Esri. Licensee agrees to <br />use commercially reasonable means (at least as great as those used by Licensee for-its own confidential information) <br />to maintain the integrity, confidentiality, and Esri proprietary rights in Beta and Feedback. Licensee may not share <br />or release Feedback or results of Beta testing with any third party. <br />e. 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 />3.5 Educational Program License. If Licensee has been qualified by Esri or its authorized distributor to participate in an <br />educational program, the following additional terms apply: <br />a. Educational Use License. Licensee agrees to use Software, Data, Web Services, and Documentation solely for <br />educational, research, and academic purposes that are noncommercial in nature. Licensee shall not use Software, <br />Data, Web Services, and Documentation for any Administrative Use or profit-generating activities. <br />b. Administrative Use Term License. Licensee may use the Software, Data, Web Services, and Documentation for <br />administrative activities that are not directly related to instruction or education, such as asset mapping, facilities <br />management, demographic analysis, routing, campus safety, and accessibility analysis ("Administrative Use"). <br />Licensee shall not use the Software, Data, Web Services, or Documentation for any profit-generating activities. <br />3.6 Grant Program License. If Licensee has been qualified to participate in an Esri grant program, Licensee may only use <br />the type and number of copies of the Software, Data, Web Services, and Documentation permitted in the Esri grant document <br />E204 Page 2 of 7 04/22/2010 <br />25B-9