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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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4.2.2 License and Subscription Types. Esri provides Software Products under one or more of the license or <br />subscription types identified in the definitions above. The Documentation and Ordering Documents identify which <br />license or subscription type(s) applies to the ordered Products <br />4.3 Software Permitted Uses <br />a. For Products delivered to Customer, Customer may <br />1. Install and store Products on electronic storage device(s); <br />2. Make archival copies and routine computer backups; <br />3. Install and use a newer version of Software concurrently with the version to be replaced during a <br />reasonable transition period not to exceed six (6) months, provided that the deployment of either version <br />does not exceed Customer's licensed quantity; thereafter, Customer shall not use more Software in the <br />aggregate than Customer's total licensed quantity; <br />4. Move the Software in the licensed configuration to a replacement computer; and <br />5. Distribute to third parties Software and any associated Authorization Codes required for use of a <br />Deployment License. <br />b. Commercial Application Service Provider Use. Customer may use the Product for Commercial ASP Use <br />provided that Customer (i) acquires a Commercial ASP Use license, or (ii) is a governmental or not-for-profit <br />organization that operates a website or offers an Internet service on a cost recovery basis and not for profit. <br />c. Customer may customize Software using any (i) macro or scripting language, (ii) published application <br />programming interface (API), or (iii) source or object code libraries, but only to the extent that such <br />customization is described in Documentation. <br />d. Customer may use, copy, or prepare derivative works of Documentation supplied in digital format and <br />thereafter reproduce, display, and distribute the customized documentation only for Customer's own internal <br />use. Portions of Documentation supplied in digital format merged with other software and printed or digital <br />documentation are subject to this License Agreement. Customer shall include the following copyright <br />attribution notice acknowledging the proprietary rights of Esri and its licensors: "Portions of this document <br />include intellectual property of Esri and its licensors and are used herein under license. Copyright <br />[Customer will insert the actual copyright date(s) from the source materials] Esri and its licensors. All rights <br />reserved." <br />e. Font Components. All fonts provided with a Product may be used with the authorized use of any Products. <br />Esri fonts may also be separately used to print any output created by Products. Additional use restrictions for <br />third -party fonts included with a Product are set forth in the font file itself. <br />f. Consultant or Contractor Access. Esri grants Customer the right to permit Customer's consultants or <br />contractors to use the Products, provided that (i) use is for the exclusive benefit of Customer, (ii) Customer is <br />solely responsible for consultant and contractor compliance with this License Agreement, and (iii) consultant <br />or contractor discontinues use of Products upon completion of work for Customer. Access to or use of <br />Products by consultants or contractors not exclusively for Customer's benefit is prohibited. <br />g. Customer may use, copy, reproduce, publish, publicly display, or redistribute map images and reports <br />containing map images derived from the use of Esri Product(s) in hard copy or static, electronic formats (e.g., <br />PDF, GIF, JPEG) to third parties subject to restrictions set forth in this License Agreement, provided that <br />Customer affixes an attribution statement to the map images acknowledging Esri and/or its applicable <br />licensor(s) as the source of the portion(s) of the Data used for the map images. For avoidance of doubt, any <br />data that is supplied or used by Customer in its use of the Product(s) that is not Data shall be and remain the <br />property of Customer or its third -party licensor(s). <br />h. Product -specific Software terms of use are found in Exhibit B.1—Product-Specific Terms of Use. <br />4.4 Named User Licenses. The following terms apply to Software and Online Services for which Customer <br />acquires Named User Licenses. <br />a. Named Users <br />1. Named User login credentials are for designated users only and may not be shared with other individuals. <br />2. Customer may reassign a Named User License to another user if the former user no longer requires <br />access to the Software or Online Services. <br />REV: 07-08-19 DZ <br />ATTY/AGR.Amend No. 1/ESRI Pages of 21 <br />
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