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S� GENERAL LICENSE TERMS AND CONDITIONS <br /> ES � es r i, <br /> (E204 07/06/20 I 6) <br /> Esti, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 - FAX 909-793.5953 <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 /> fce, service fee, or any other form of transaction fee or by generating more than incidental advertising revenue. <br /> d. "Content" means data, images, photographs, animations, video, audio, text, maps, databases, data models, <br /> spreadsheets, user interfaces, software applications, and Developer Tools. <br /> e. "Data" means any Esri or third-party d_gital dataset(s) including, but not limited to, geographic vector data, raster <br /> data reports, or associated tabular attributes, whether bundled with Software, Self-Paced E-Learning, and Online <br /> Services or delivered independently. <br /> I "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 /> h. "Online Services" means any Internet-based geospatiai 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 License Agreement, <br /> k. "Product(s)" means Software, Self-Paced E-Learning, Data Online Services, and Documentation licensed under the <br /> terms of this License Agreement. <br /> I. "Sample(s)" means sample code, sample applications, add-ons. or sample extensions of Products. <br /> m. "Self-Paced E-Learning" means a collection of self-paced learning resources for the ArcGIS platform, accessible <br /> from the Esri Training website. <br /> n. "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. <br /> 0. "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 /> p. "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 /> q. "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 /> REV: 07-15-16 RL <br /> f 24 <br /> ATTY/AGR.2016.189/ESRI Software License A rea hte 2 <br /> g en� <br />