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E204 April 1, 2022
<br />REV: 09-20-2022 SK
<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 commercially available, Internet-based geospatial system that Esri provides,
<br />including applications and associated APIs for storing, managing, publishing, and using maps, data, and other
<br />information. Online Services exclude Data and Content.
<br />"Ordering Document(s)" means a sales quotation, Maintenance renewal quote, purchase order, proposal, Task
<br />Order, or other document identifying Esri Offerings, updates, or Services that Customer orders.
<br />"Perpetual License" means a license to use a version of the Esri Offering for which applicable license fees have
<br />been paid, indefinitely, unless terminated by Esri or Customer as authorized under this Agreement.
<br />"Product(s)" means Software, Data, and Online Services.
<br />"Professional Services" means any development or consulting services that Esri provides to Customer.
<br />"Sample(s)" means sample code, sample applications, add-ons, or sample extensions of Products.
<br />"Service(s)" means Maintenance. If Esri provides Esri Managed Cloud Services, Training, or Professional Services
<br />directly to Customer, then Services also include Esri Managed Cloud Services, Training, and Professional Services.
<br />"Software" means any proprietary commercial off-the-shelf software, excluding Data, accessed or downloaded
<br />from an Esri-authorized website or that Esri delivers on any media in any format including backups, updates, service
<br />packs, patches, hot fixes, or permitted merged copies.
<br />"Specification(s)" means (i) the Documentation for Software and Online Services, (ii) the scope of work set forth
<br />in any Task Order, or (iii) Esri's published course descriptions for Training.
<br />"Task Order(s)" means an Ordering Document for Services.
<br />"Term License" means a license for use of an Esri Offering for a limited time period ("Term").
<br />"Third-Party Content" means any Content that Customer may obtain from a third-party website or that persons
<br />other than Esri employees, suppliers, or contractors may directly contribute to Esri's website.
<br />"Training" means (i) Product training or (ii) related training that Esri provides under this Agreement.
<br />"Training Materials" means digital or printed Content required to complete Training, which may include, but is not
<br />limited to, workbooks, data, concepts, exercises, assessments, and exams.
<br />"Value-Added Application(s)" means an application developed by Customer for use in conjunction with the
<br />authorized use of any Software, Data, or Online Services.
<br />ATTY/AGR.2022.349/ESRI (Page 15 of 25)
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