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Agmt16 ESRI
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Agmt16 ESRI
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Last modified
8/7/2019 8:02:37 AM
Creation date
7/28/2016 5:23:22 PM
Metadata
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Template:
Agreement
Contractor Name
ESRI Environmental Systems Research Institute, Inc.
PROJECT NAME
Software license 3 yrs for GIS
RMP File Number
304
Date
7/28/2016
MO Ref
13-133
Amendment
Yes
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If Licensee accesses Online Services with an application provided by a third party, Esri may disclose Licensee's Content to <br /> such third party as necessary to enable interoperation between the application, Online Services, and Licensee's Content. Esri <br /> may disclose Licensee's Content if required to do so by law or pursuant to the order of a court or other government body, in <br /> which case Esri will reasonably attempt to limit the scope of disclosure. It is Licensee's sole responsibility to ensure that <br /> Licensee's Content is suitable for use with Online Services and for maintaining regular of line backups using the Online <br /> Services export and download capabilities. <br /> 4.2 Removal of Licensee's Content. Licensee will provide information and/or other materials related to Licensee's Content <br /> as reasonably requested by Esri to verify Licensee's compliance with this License Agreement. Esri may remove or delete any <br /> portions of Licensee's Content if there is reason to believe that uploading it to, or using it with. Online Services violates this <br /> License Agreement. If reasonable under these circumstances, Esri will notify Licensee before Licensee's Content is removed. <br /> Esri will respond to any Digital Millennium Copyright Act take-down notices in accordance with Esri's Copyright Policy. <br /> available at http:i/www.esri.com/legal/dmca j,o1icy. <br /> 4.3 Sharing Licensee's Content. If Licensee elects to share Licensee's Content using Sharing Tools, then Licensee <br /> acknowledges that it has enabled third parties to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Licensee's <br /> Content through Online Services. ESRI IS NOT RESPONSIBLE FOR ANY LOSS, DELETION, MODIFICATION, OR <br /> DISCLOSURE OF LICENSEE'S CONTENT RESULTING FROM USE OR MISUSE OF SHARING TOOLS OR ANY <br /> OTHER SERVICE COMPONENTS. LICENSEE'S USE OF SHARING TOOLS IS AT LICENSEE'S SOLE RISK. <br /> 4.4 Retrieving Licensee's Content upon Termination. Upon termination of the License Agreement or any trial. evaluation, <br /> or subscription, Esri will make Licensee's Content available to Licensee for download for a period of thirty (30) days unless <br /> Licensee requests a shorter window of availability or Esri is legally prohibited from doing so. Thereafter, Licensee's right to <br /> access or use Licensee's Content with Online Services will end, and Esri will have no further obligations to store or return <br /> Licensee's Content. <br /> ARTICLE 5—LIMITS ON USE OF ONLINE SERVICES; SERVICE CREDITS <br /> Esri may establish limits on the Online Services available to Licensee. These limits may be controlled through Service <br /> Credits. Service Credits are used to measure the consumption of ArcGIS Online services made available through Licensee's <br /> account. The maximum Service Credits provided with Licensee's ArcGIS Online account will be addressed in the applicable <br /> Ordering Document. Esri will notify Licensee's account administrator when Licensee's Service Credit consumption reaches <br /> approximately seventy-five percent (75%) of the Service Credits allocated to Licensee through Licensee's subscription. Esri <br /> will notify Licensee's account administrator if Licensee's Service Credit consumption reaches or exceeds one hundred percent <br /> ( 100%). If Licensee's account exceeds one hundred percent (100%) of the available Service Credits, Licensee may continue <br /> to access its account; however, Licensee's access to services that consume Service Credits will be suspended. Licensee's <br /> access to the services that consume Service Credits will be restored immediately upon the completion of Licensee's purchase <br /> of additional Service Credits. <br /> ARTICLE 6—ONLINE CONTENT; THIRD-PARTY CONTENT AND WEBSITES <br /> 6.1 Online Content. ArcGIS Online Data is included as a component of Online Services and is licensed under the terms of <br /> the License Agreement. <br /> 6.2 Third-Party Content and Websites. Online Services and ArcGIS Website may reference or link to third-party websites <br /> or enable Licensee to access, view, use, and download third-party Content. This Agreement does not address Licensee's use <br /> of third-party Content, and Licensee may be required to agree to different or additional terms in order to use third-party <br /> Content. Esri does not control these websites and is not responsible for their operation, content, or availability; Licensee's use <br /> of any third-party websites and third-party Content is as is, without warranty, and al iicensee's sole risk. The presence of any <br /> Iinks or references in Online Services to third-party websites and resources does not imply an endorsement, affiliation, or <br /> sponsorship of any kind. <br /> REV: 07-15-16 RL <br /> ATTY/AGR2016.189IESRI Software License Agreement of 24 <br />
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