|
(Desirio EXHIBIT "B„
<br />GENERAL LICENSE TERMS AND CONDITIONS
<br />(E204 07/06/2016)
<br />Esri, 380 New York SL, Redlands, CA 92373-8100 USA • TEL 909-793-2853 - FAX 900-7935953
<br />ARTICLE f—DEFINITIONS
<br />Definitions. The terms used are defined as follows:
<br />"Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation
<br />code, token, account user name and password, or other mechanism required for use of a Product.
<br />"Beta" means any alpha, beta, or prerelease Product.
<br />"Cloud Services" means Online Services.
<br />"Commercial Application Service Provider Use" or "Commercial ASP Use" means generating revenue by
<br />providing access to Software or Online Services through a Value -Added Application, for example, by charging a
<br />subscription fee, service fee, or any other form of transaction fee or by generating more than incidental
<br />advertising revenue.
<br />"Content" means data, images, photographs, animations, video, audio, text, maps, databases, data models,
<br />spreadsheets, user interfaces, software applications, and Developer Tools.
<br />"Customer Content" means any Content that Customer provides, uses, or develops in connection with
<br />Customer's use of Products, including Value -Added Applications. Customer Content excludes any feedback,
<br />suggestions, or requests for improvements that Customer provides to Esri.
<br />"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, Self -Paced E -Learning, and Online
<br />Services or delivered independently.
<br />"Documentation" means all user reference documentation that is delivered with the Software.
<br />"Maintenance" means a subscription program that Esri provides and that entitles Customer to Product updates
<br />and other benefits such as access to technical support and self -paced, web -based learning resources.
<br />"Malicious Code" means software viruses; worms; time bombs; Trojan horses; or any other computer code, files,
<br />denial of service, or programs designed to interrupt, destroy, or limit the functionality of any computer software,
<br />hardware, or telecommunications equipment.
<br />"Online Services" means any Internet -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,
<br />data, and other information.
<br />"Ordering Document(s)" means a sales quotation, purchase order, or other document identifying the Products
<br />that Customer orders.
<br />"Perpetual License" means a license to use a version of a Product for which applicable license fees have been
<br />paid, indefinitely, unless terminated by Esri or Customer as authorized under this License Agreement.
<br />"Product(s)" means Software, Self -Paced E -Learning, Data, Online Services, and Documentation licensed under
<br />the terms of this License Agreement.
<br />"Sample(s)" means sample code, sample applications, add-ons, or sample extensions of Products.
<br />"Self -Paced E-Leaming" means a collection of self -paced learning resources for the ArcGIS platform, accessible
<br />from the Esri Training website.
<br />"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 />"Specificatiorl means the Documentation for Software and Online Services
<br />"Term License" means a license or access provided for use of a Product for a limited time period ("Tenn") or on
<br />a subscription or transaction basis.
<br />'Value -Added Application" means an application developed by Customer for use in conjunction with the
<br />authorized use of any Software, Data, or Online Services.
<br />REV: 07-08-19 DZ
<br />ATTY/AGR.AmendNo. 1/ESRI Page 5of21
<br />
|