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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
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