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Environmental Systems Research Institute,Inc.,380 New York St.,Redlands,CA 92373-8100 USA• TEL 909-793-2853• FAX 909-793-5953 <br /> ESRI SOFTWARE LICENSE AGREEMENT <br /> COMMERCIAL and STATE GOVERNMENTS <br /> Contract No.99S 1436 <br /> This is a license agreement and not an agreement for sale. This license agreement(Agreement)is between City of <br /> Pleasanton(Licensee)and Environmental Systems Research Institute,Inc.(ESRI),and gives Licensee certain limited rights <br /> to use the proprietary ARC/INFO®software,extensions,and related materials(Software and Related Materials). All rights <br /> not specifically granted in this Agreement are reserved to ESRI. <br /> Reservation of Ownership and Grant of License: ESRI retains exclusive rights,title,and ownership of any copy of the <br /> Software and Related Materials licensed under this Agreement and,hereby,grants to Licensee a personal,nonexclusive, <br /> nontransferable license to use the Software and Related Materials pursuant to the terms and conditions of this Agreement. <br /> From the date of receipt,Licensee agrees to use reasonable effort to protect the Software and Related Materials from <br /> unauthorized use,reproduction,distribution,or publication. <br /> Copyright: The Software and Related Materials are owned by ESRI and its third party licensor(s)and are protected by <br /> United States copyright laws and applicable international treaties and/or conventions. Licensee agrees not to export the <br /> Software and Related Materials into a country that does not have copyright laws that will protect ESRI's proprietary rights. <br /> Definitions: As used herein,the following words,phrases,or terms in this Agreement shall have the following meanings: <br /> • "Software"means the actual copy of all or any portion of the computer programs delivered on the Software Media Kit, <br /> inclusive of backups,updates,or merged copies permitted hereunder or subsequently supplied by ESRI. <br /> • "Related Materials"means all of the printed materials,user documentation,training documentation,sample data, <br /> confidential software activation code,and hardware key as applicable,as supplied by ESRI under this Agreement. <br /> • "License Manager"is the installed software program that administers the distribution of the licensed number of Software <br /> copies to requesting end users. <br /> Permitted Uses: <br /> • ESRI employs a nondestructive License Manager to limit use of the licensed Software to the number of licenses for each <br /> computer operating system(s). Licensee agrees to conform Licensee's use of the Software to the Software system <br /> configuration licensed from ESRI. Said configuration is incorporated herein by this reference,inclusive of any written <br /> modifications approved by ESRI. <br /> • Licensee may install the Software onto the licensed computer systems. <br /> • Licensee may make backup copies of the Software as part of Licensee's routine backup procedure for the purpose of <br /> preventing loss or inadvertent destruction of Licensee's data. Backup copies are not intended for creating additional <br /> working copies of the Software. <br /> • Licensee may use,copy,alter,modify,merge,reproduce,and/or create derivative works of the online documentation for <br /> Licensee's own internal use. The portions of the online documentation merged with other software,hard copy,and/or <br /> digital materials shall continue to be subject to the terms and conditions of this Agreement and shall provide the <br /> following copyright attribution notice acknowledging ESRI's proprietary rights in the online documentation: "Portions <br /> of this document include intellectual property of ESRI and are used herein by permission. Copyright© 199_ <br /> Environmental Systems Research Institute,Inc. All Rights Reserved." <br /> • Licensee may use the data that are provided under license from ESRI and its third party licensor(s)as described in the <br /> Distribution Rights section of the online Data Help files. <br /> • Licensee may use the Software and Related Materials as a map/data server engine in an Internet and/or Intranet <br /> distributed computing network or environment provided the appropriate license fees are paid. <br /> Uses Not Permitted: <br /> • Licensee shall not sell,rent,lease,sublicense,lend,time-share or transfer,in whole or in part,or provide unlicensed <br /> third parties access to prior or present versions of the Software and Related Materials,any updates,or Licensee's rights <br /> under this Agreement. <br /> • Licensee shall not reverse engineer,decompile,or disassemble the Software,or make any attempt to unlock or bypass <br /> the hardware key or the License Manager software program used. <br /> • Licensee shall not alter,modify,or create any derivative works of the Software and Related Materials. <br /> • Licensee shall not make additional copies of the Software and Related Materials except as permitted herein. <br /> ARC/INFO is a registered trademark of Environmental Systems Research Institute,Inc. <br /> CA 99-S1436/wlj 1 4/26/99 <br />