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Earl, 380 New York St., Redlands, CA 92373 -8100 USA • TEL 909 - 793 -2853 • FAX 909- 793 -5953 <br />IMPORTANT —READ CAREFULLY <br />Unless superseded by a signed license agreement between you and Esri, Esri is willing to license Products to you only <br />if you accept all terms and conditions contained in this License Agreement. Please read the terms and conditions <br />carefully. You may not use the Products until you have agreed to the terms and conditions of the License Agreement. <br />If you do not agree to the terms and conditions as stated, click "I do not accept the license agreement" below; you <br />may then request a refund of applicable fees paid. <br />LICENSE AGREEMENT <br />(E204 04/26/2013) <br />This License Agreement is between you ( "Licensee ") and Environmental Systems Research Institute, Inc. ( "Esri"), a <br />California corporation with a place of business at 380 New York Street, Redlands, California 92373 -8100 USA. <br />GENERAL LICENSE TERMS AND CONDITIONS <br />ARTICLE I— DEFINITIONS <br />Definitions. The terms used are defined as follows: <br />a. "Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation code, <br />token, account user name and password, or other mechanism required for use of a Product. <br />b. "Beta" means any alpha, beta, or prerelease Product. <br />c. "Commercial Application Service Provider Use" or "Commercial ASP Use" means generating revenue by providing <br />access to Software or Online Services through a Value -Added Application, for example, by charging a subscription <br />fee, service fee, or any other form of transaction fee or by generating more than incidental advertising revenue. <br />d. "Content" has the meaning provided in Addendum 3. <br />e. "Data" means any Esri or third -party digital dataset(s) including, but not limited to, geographic vector data, raster <br />data reports, or associated tabular attributes, whether bundled with Software and Online Services or delivered <br />independently. <br />f "Deployment License" means a license that allows Licensee to sublicense select Software and associated <br />Authorization Codes to third parties. <br />g. "Documentation" means all user reference documentation that is delivered with the Software. <br />It. "Online Services" means any Intemet -based geospatial system, including applications and associated APIs, but <br />excluding Data or Content, hosted by Esri or its licensors, for storing, managing, publishing, and using maps, data, <br />and other information. <br />i. "Ordering Document(s)" means a sales quotation, purchase order, or other document identifying the Products that <br />Licensee orders. <br />j. "Perpetual License" means a license to use a version of a Product for which applicable license fees have been paid, <br />indefinitely, unless terminated by Esri or Licensee as authorized under this Agreement. <br />k. "Product(s)" means Software, Data, Online Services, and Documentation licensed under the terms of this License <br />Agreement. <br />1. "Sample(s)" means sample code, sample applications, add -ons, or sample extensions of Products. <br />m. "Service Credit(s)" means a unit of exchange that is allocated with an Online Services subscription in an amount <br />specified in the Ordering Document. Each Service Credit entitles Licensee to consume a set amount of Online <br />Services, the amount varying depending on the Online Services being consumed. As Online Services are consumed, <br />Service Credits are automatically debited from Licensee's account, up to the maximum number of Service Credits <br />available. Additional Service Credits can be purchased as described in Addendum 3 (also available at <br />http://www.esri.com/legal), <br />E204 Page t of 7 04/26/2013 <br />