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n. "Software" means all or any portion of Esri's proprietary software technology, excluding Data, accessed or <br />downloaded from an Esri- authorized website or delivered on any media in any format including backups, updates, <br />service packs, patches, hot fixes, or permitted merged copies. <br />o. "Term License" means a license or access provided for use of a Product for a limited time period ( "Term ") or on a <br />subscription or transaction basis. <br />p. "Value -Added Application" means an application developed by Licensee for use in conjunction with the authorized <br />use of any Software, Data, or Online Services. <br />ARTICLE 2— INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP <br />Products are licensed, not sold. Esri and its licensors own Products and all copies, which are protected by United States and <br />applicable international laws, treaties, and conventions regarding intellectual property and proprietary rights including trade <br />secrets. Licensee agrees to use reasonable means to protect Products 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 Products. <br />ARTICLE 3 —GRANT OF LICENSE <br />3.1 Grant of License. Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use the Products as <br />set forth in the applicable Ordering Documents (i) for which the applicable license fees have been paid; (ii) in accordance <br />with this License Agreement and the configuration ordered by Licensee or as authorized by Esri or its authorized distributor; <br />and (iii) for the applicable Term or, if no Term is applicable or identified, until terminated in accordance with Article 5. In <br />addition to the Scope of Use in Article 4, Exhibit 1 —Scope of Use (E300) applies to specific Products. Addendum 1, <br />Addendum 2, Addendum 3, and Addendum 4 collectively comprise Exhibit 1 —Scope of Use (E300) and are also available at <br />http://www.esri.com/legLI/softwLare-liccLnse. Addendums only apply to Products specifically identified within an Addendum. <br />Exhibit 1 —Scope of Use (E300) includes Addendums for the following Product types, which are incorporated by reference: <br />a. Software. Terms of use for specific Software products are set forth in Addendum 1. <br />b. Data. Data terms of use are set forth in Addendum 2. <br />c. Online Services. Terms of use for Online Services are set forth in Addendum 3. <br />d. Limited Use Programs. Terms of use for noncommercial, nonprofit, educational, or other limited -use programs are <br />set forth in Addendum 4. <br />3.2 Evaluation and Beta Licenses. Products acquired under an evaluation license or under a Beta program are intended for <br />evaluation and testing purposes only and not for commercial use. Any such use is at Licensee's own risk, and the Products do <br />not qualify for Esri or distributor maintenance. <br />ARTICLE 4 —SCOPE OF USE <br />4.1 Permitted Uses <br />a. For Products delivered to Licensee, Licensee may <br />1. Install and store Products on electronic storage device(s); <br />2. Make archival copies and routine computer backups; <br />3. Install and use a newer version of Software concurrently with the version to be replaced during a reasonable <br />transition period not to exceed six (6) months, provided that the deployment of either version does not exceed <br />Licensee's licensed quantity; thereafter, Licensee shall not use more Software in the aggregate than Licensee's <br />total licensed quantity; <br />4. Move the Software in the licensed configuration to a replacement computer; and <br />5. Distribute to third parties Software and any associated Authorization Codes required for use of a Deployment <br />License. <br />b. Commercial Application Service Provider Use. Licensee may use the Product for Commercial ASP Use provided that <br />Licensee (i) acquires a Commercial ASP Use license, or (ii) is a governmental or not - for -profit organization that operates <br />a website or offers an Internet service on a cost recovery basis and not for profit. <br />E204 Page 2 of 7 04/26/2013 <br />