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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
<br />States and applicable international laws, treaties, and conventions regarding intellectual property and proprietary
<br />rights including trade secrets. Customer agrees to use reasonable means to protect Products from unauthorized
<br />use, reproduction, distribution, or publication. Esri and its third -party licensors reserve all rights not specifically
<br />granted in this License Agreement including the right to change and improve Products.
<br />ARTICLE 3—GRANT OF LICENSE
<br />3.1 Grant of License. Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use the
<br />Products as set forth in the applicable Ordering Documents and Documentation (i) for which the applicable
<br />license fees have been paid; (ii) in accordance with this License Agreement and the configuration ordered by
<br />Customer or as authorized by Esri or its authorized distributor; and (iii) for the applicable Term or, if no Term is
<br />applicable or identified, until terminated in accordance with Article 5. In addition to the Scope of Use in Article 4,
<br />Exhibit 1—Product-Specific Terms of Use (E300) applies to specific Products.
<br />3.2 Evaluation and Beta Licenses. Products acquired under an evaluation license or under a Beta program are
<br />intended for evaluation and testing purposes only and not for commercial use. Any such use is at Customer's own
<br />risk, and the Products do not qualify for Esri or distributor maintenance.
<br />ARTICLE 4—SCOPE OF USE
<br />4.1 Uses Not Permitted. Except to the extent that applicable law prohibits or overrides these restrictions, or as
<br />provided elsewhere in this License Agreement, Customer shall not
<br />a. Sell, rent, lease, sublicense, lend, time-share, or assign Products;
<br />b. Use Products for Commercial ASP Use or service bureau purposes;
<br />c. Provide third parties with direct access to Products so that the third parties may use the Product directly,
<br />develop their own GIS applications, or create their own solutions in conjunction with the Product;
<br />d. Distribute Software, Self -Paced E -Learning, Data, or Online Services to third parties, in whole or in part,
<br />including, but not limited to, extensions, components, or DLLs;
<br />e. Distribute Authorization Codes to third parties;
<br />f. Reverse engineer, decompile, or disassemble Products;
<br />g. Make any attempt to circumvent the technological measure(s) that controls access to or use of Products;
<br />h. Store, cache, use, upload, distribute, or sublicense Content or otherwise use Products in violation of
<br />Esri's or a third party's rights, including intellectual property rights, privacy rights, nondiscrimination laws,
<br />or any other applicable law or government regulation;
<br />i. Remove or obscure any Esri (or its licensors') patent, copyright, trademark, proprietary rights notices,
<br />and/or legends contained in or affixed to any Product, Product output, metadata file, or online and/or
<br />hard -copy attribution page of any Data or Documentation delivered hereunder;
<br />j. Unbundle or independently use individual or component parts of Software, Self -Paced E -Learning, Online
<br />Services, or Data;
<br />k. Incorporate any portion of the Product into a product or service that competes with any Product;
<br />I. Publish or in any other way communicate the results of benchmark tests run on Beta without the prior
<br />written permission of Esri and its licensors; or
<br />m. Use, incorporate, modify, distribute, provide access to, or combine any computer code provided with any
<br />Product in a manner that would subject such code or any part of the Product to open source license terms
<br />that require computer code to be (i) disclosed in source code form to third parties, (ii) licensed to third
<br />parties for the purpose of making derivative works, or (iii) redistributable to third parties at no charge.
<br />4.2 Software and Online Services
<br />4.2.1 Definitions. The following supplement the definitions provided above in Article 1—Definitions:
<br />a. "Anonymous Users" means all who have public access (i.e., without having to provide a Named User
<br />Credential) to any part of Customer Content or Customer's Value -Added Applications.
<br />REV: 07-05-19 DZ
<br />ATTY/AGR.AmendNo. 1/ESRI Page 6of21
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