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2,2 Provision of Subscription Online Services. For subscription Online Services, Esri will
<br /> a. Provide Online Services to Licensee in accordance with the Documentation;
<br /> b. Provide customer support in accordance with Esri's standard customer support policies and any additional support
<br /> Licensee may purchase; and
<br /> c. Use commercially reasonable efforts to ensure that Online Services will not transmit to Licensee any Malicious
<br /> Code, provided Esri is not responsible for Malicious Code that was introduced to Online Services through Licensee's
<br /> account or through third-party Content.
<br /> 2.3 Licensee's Responsibilities.
<br /> a. Licensee shall be responsible for Named Users' compliance with this Agreement. Licensee and Licensee's Named
<br /> Users or Anonymous Users (if applicable) are the only persons authorized to access Online Services through
<br /> Licensee's accounts. Named Users' login credentials are for designated Named Users only and may not be shared
<br /> among multiple individuals. Named Users' login credentials may be reassigned to new Named Users if the former
<br /> users no longer require access to Online Services.
<br /> b. Licensee and Licensee's Named Users are responsible for maintaining the confidentiality of Authorization Codes,
<br /> Access Codes, Named Users' login credentials, or any other method that is provided that enables access to Online
<br /> Services and for ensuring that unauthorized third parties do not access Licensee's account. Licensee will
<br /> immediately notify Esri if Licensee becomes aware of any unauthorized use of Licensee's account or any other
<br /> breach of security.
<br /> c. Licensee is solely responsible for the development and operation of Licensee's Content and Value-Added
<br /> Applications and the manner in which it chooses to allow or provide use, access, transfer, transmission,
<br /> maintenance, or processing ability to or by others, including any use and access to Products. and any subsequent end
<br /> user, end use, and destination restrictions issued by the US government and other governments.
<br /> 2.4 Prohibited Uses of the Online Services. In addition to the prohibited uses or except as provided under the License
<br /> Agreement, Licensee shall not (i) attempt to gain unauthorized access to the Online Services or assist others to do so; (ii) use
<br /> Online Services for spamming, to transmit junk e-mail or offensive or defamatory material, or for stalking or making threats
<br /> of physical harm; (iii) use Online Services to store or transmit software viruses, worms, time bombs, Trojan horses, or any
<br /> other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software,
<br /> hardware, or telecommunications equipment ("Malicious Code"); (iv) mirror, reformat, or display Online Services in an
<br /> attempt to minor and/or make commercial use of Online Services except to the degree that Online Services directly enable
<br /> such functionality; (v) share the client-side data cache derived from Online Content with other licensed end users or third
<br /> parties; (vi) distribute the client-side data cache derived from Online Services to third parties; (vii) manually or
<br /> systematically collect or scrape (screen or web scraping) Content from Online Services; (viii) use ArcGIS Online Map
<br /> Services, Geocoding Services, or Routing Services in communication with any in-vehicle navigation system installed in a
<br /> vehicle (this does not include portable navigation devices) or that provides real-time, dynamic routing to any device (for
<br /> instance, these services may not be used to alert a user about upcoming maneuvers such as warning of an upcoming turn or to
<br /> calculate an alternate route if a turn is missed); or (ix) incorporate any portion of Online Services into a commercial product
<br /> or service unless the commercial product adds material functionality to Online Services. Licensee shall not use Online
<br /> Services to (a) infringe or misappropriate any third-party proprietary rights or privacy rights; (b) process, store, transmit, or
<br /> enable access to any information, data, or technology controlled for export under the International Traffic in Arms (ITAR)
<br /> regulations; (c) violate any export law; or (d) store or process Licensee's Content that is Covered Defense information (COI)
<br /> under DFARS 204.73, or is protected health information (PHI) under the Health Insurance Portability and Accountability Act
<br /> (HIPAA). Licensee shall not attempt to (a) probe, scan, or test the vulnerability of the Online Services or to breach any
<br /> security or authentication measures used by the Online Services; or (b) benchmark the availability, performance, or
<br /> functionality of Online Services for competitive purposes. Licensee is responsible for any fines, penalties, or claims against
<br /> Esri, including reasonable attorneys' fees, arising out of Licensee's noncompliance with any of the foregoing prohibitions.
<br /> 2,5 Evaluations. Esri may provide licenses to use certain Services for Licensee's internal evaluation purposes. Such licenses
<br /> continue until the stated evaluation period expires or until Licensee purchases a subscription, whichever occurs first. IF
<br /> LICENSEE DOES NOT CONVERT LICENSEE'S EVALUATION LICENSE TO A SUBSCRIPTION PRIOR TO
<br /> EXPIRATION OF THE EVALUATION TERM, ANY CONTENT AND CUSTOMIZATIONS THAT LICENSEE
<br /> UPLOADED OR MADE DURING THE EVALUATION TERM WILL BE PERMANENTLY LOST. IF LICENSEE DOES
<br /> NOT WISH TO PURCHASE A SUBSCRIPTION, LICENSEE MUST EXPORT SUCH CONTENT BEFORE THE END
<br /> OF LICENSEE'S EVALUATION PERIOD.
<br /> REV: 07-15-16 RL
<br /> ATTY/AGft2016.189/ESRI Software License Agreement f 24
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