Proprietary Rights and License

Published in the United States of America by ESRI and distributed in the United States and Canada by the National Geographic Society.

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The information contained in this work is the exclusive property of Environmental Systems Research Institute, Inc. and the third party licensors (hereinafter collectively referred to as the "Parties"). This work is protected under United States copyright law and other international copyright treaties and conventions. The Parties grant the Licensee of the work contained herein the right to freely reproduce, redistribute, rebroadcast, and/or retransmit this work for personal, noncommercial purposes including, teaching, classroom use, scholarship, and/or research, subject to the fair use rights enumerated in Section 107 and 108 of the Copyright Act (Title 17 of the United States Code). All copies, whether in whole or in part, shall affix the appropriate Party's copyright notice. No part of this work may be reproduced or transmitted for commercial purposes, in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, except as expressly permitted in writing by Environmental Systems Research Institute, Inc. All requests should be sent to Attention: Contracts Manager, Environmental Systems Research Institute, Inc., 380 New York Street, Redlands, CA 92373-8100 USA.

The information contained in this work is subject to change without notice.

DATA DISCLAIMER

The data herein have been obtained from sources believed to be reliable, but its accuracy and completeness, and the opinions based thereon, are not guaranteed. Every effort has been made to provide accurate data in this package. The Licensee acknowledges that the data may contain some nonconformities, defects, errors, and/or omissions. The Parties do not warrant that the data will meet Licensee's needs or expectations, that the use of the data will be uninterrupted, or that all nonconformities can or will be corrected. The Parties are not inviting reliance on this data, and Licensee should always verify actual map data and information. The data contained in this package is subject to change without notice.

U.S. GOVERNMENT RESTRICTED/LIMITED RIGHTS

Any software, documentation, and/or data delivered hereunder is subject to the terms of the License Agreement. In no event shall the Government acquire greater than RESTRICTED/LIMITED RIGHTS. At a minimum, use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR §52.227-14 Alternates I, II, and III (JUN 1987); FAR §52.227-19 (JUN 1987) and/or FAR §§12.211/12.212 (Commercial Technical Data/Computer Software); and DFARS §252.227-7015 (NOV 1995) (Technical Data) and/or DFARS §227.7202 (Computer Software), as applicable. Contractor/Manufacturer is Environmental Systems Research Institute, Inc., 380 New York Street, Redlands, CA 92373-8100 USA.

In the United States and in some countries, ESRI and ArcView are registered trademarks; ArcVoyager, ArcExplorer, ArcUSA, ArcWorld, and the ESRI globe logo are trademarks; and www.esri.com and @esri.com are service marks of Environmental Systems Research Institute, Inc.

NATIONAL GEOGRAPHIC, NATIONAL GEOGRAPHIC SOCIETY, and Yellow Border Design, are registered trademarks; and NATIONAL GEOGRAPHIC ONLINE and nationalgeographic.com are trademarks of the National Geographic Society.

Adobe and Acrobat are registered trademarks of Adobe Systems Incorporated. In the United States and other countries, Netscape and Netscape Navigator are registered trademarks of Netscape Communications Corporation.

Other companies and products mentioned herein are trademarks or registered trademarks of their respective trademark owners.

ESRI K–12 Schools and Libraries Site License Agreement

This is a license agreement and not an agreement for sale. This ESRI K–12 Schools and Libraries Site License Agreement (Agreement) is between end user (Licensee) and Environmental Systems Research Institute, Inc. (ESRI), and supplements and/or supersedes in pertinent parts language in the shrink-wrap license agreements enclosed in each package. This Agreement gives Licensee certain limited rights to use the respective proprietary ESRIŽ software, data sets, and related materials (hereinafter called "Software, Data, and Related Materials"). All rights not specifically granted in this Agreement are reserved to ESRI.

Reservation of Ownership and Grant of License: ESRI and its licensor(s) retain all exclusive rights, title, and ownership of the copy of the Software, Data, and Related Materials licensed under this Agreement and, hereby, grants to Licensee a personal, nonexclusive, nontransferable license to use the Software, Data, and Related Materials based on the terms and conditions of this Agreement. Licensee agrees to use reasonable effort to protect the Software, Data, and Related Materials from unauthorized use, reproduction, distribution, or publication.

Copyright: The Software, Data, and Related Materials are owned by ESRI and its licensor(s) and are protected by United States copyright laws and applicable international treaties and/or conventions. Licensee's use of the Software, Data, and Related Materials is subject to the rights enumerated in §107 and §108 of the U.S. Copyright Act (Title 17 of the United States Code), which permits noncommercial and nonprofit use of copyrighted materials for the sole purpose of advancing scholarship, education, and research endeavors.

Permitted Uses

Licensee may install on permanent storage device(s) and thereafter use, copy, reproduce, and distribute the Software, Data, and Related Materials, including documentation, in quantities sufficient to meet their own internal needs on stand-alone computers and/or computers linked via a local area network within the K–12 school and library, university/college library, or public library site(s).
Licensee may make only one (1) copy of the Software, Data, and Related Materials for archival purposes during the term of this Agreement unless the right to make additional copies is granted to Licensee in writing by ESRI.
Licensee shall reproduce all notices appearing on ESRI labels and all copyright and trademark notices on all copies that are produced from the original Software, Data, and Related Materials.
Licensee's K–12 school teacher(s) or library staff may, coterminous with this Agreement and with his/her tenure at the school/library site, have concurrent use of a single copy of the Software, Data, and Related Materials, including documentation, at either the school/library site or his/her primary residence for the specific purpose of learning, becoming proficient with, and developing curricula or research expertise around the Software, Data, and Related Materials.

Limited Warranty: ESRI warrants that the media upon which the Software, Data, and Related Materials are provided and related materials will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt.

EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE, DATA, AND RELATED MATERIALS CONTAINED THEREIN ARE PROVIDED AND LICENSED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Exclusive Remedy and Limitation of Liability: During the warranty period and in accordance with the ESRI Customer Assurance Program, ESRI's and its licensor's(s') entire liability and Licensee's exclusive remedy shall be the return of the license fee paid for the Software, Data, and Related Materials that do not meet ESRI's Limited Warranty and that are returned to ESRI or its resellers with a copy of Licensee's receipt. ESRI and its licensor(s) shall not be liable for indirect, special, incidental, or consequential damages related to Licensee's use of the Software, Data, and Related Materials, even if ESRI and/or its licensor(s) are advised of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Entire Agreement and Amendments: This Agreement and all other terms and conditions from the shrink-wrap license agreements enclosed in each package, which are incorporated and ratified by reference, remain in effect and continue to constitute the sole and entire agreement of the parties as to the matter set forth herein. Except as otherwise expressly provided herein, any amendments to this Agreement must be in writing and signed by an authorized representative of each party.

ESRI Desktop License Agreement

This is a license agreement and not an agreement for sale. This license agreement (Agreement) is between the end user (Licensee) and Environmental Systems Research Institute, Inc. (ESRI), and gives Licensee certain limited rights to use the proprietary ESRIŽ desktop software and software updates, sample data, on-line and/or hard-copy documentation and user guides, including updates thereto, and software keycode or hardware key, as applicable (hereinafter referred to as "Software, Data, and Related Materials"). All rights not specifically granted in this Agreement are reserved to ESRI.

Reservation of Ownership and Grant of License: ESRI and its third party licensor(s) retain exclusive rights, title, and ownership of the copy of the Software, Data, and Related Materials licensed under this Agreement and, hereby, grants to Licensee a personal, nonexclusive, nontransferable license to use the Software, Data, and Related Materials based on the terms and conditions of this Agreement. From the date of receipt, Licensee agrees to use reasonable effort to protect the Software, Data, and Related Materials from unauthorized use, reproduction, distribution, or publication.

Copyright: The Software, Data, and Related Materials are owned by ESRI and its third party licensor(s) and are protected by United States copyright laws and applicable international laws, treaties, and/or conventions. Licensee agrees not to export the Software, Data, and Related Materials into a country that does not have copyright laws that will protect ESRI's proprietary rights. Licensee may claim copyright ownership in the Simple Macro Language (SML™) macros, AutoLISPŽ scripts, AtlasWare™ scripts, and/or Avenue™ scripts developed by Licensee using the respective macro and/or scripting language.

Permitted Uses:

Licensee may use the number of copies of the Software, Data, and Related Materials for which license fees have been paid on the computer system(s) and/or specific computer network(s) for Licensee's own internal use. Licensee may use the Software, Data, and Related Materials as a map/data server engine in an Internet and/or Intranet distributed computing network or environment provided the appropriate, additional license fees are paid. If the Software, Data, and Related Materials contain dual media (i.e., both 3.5-inch diskettes and CD-ROM), then Licensee may only use one (1) set of the dual media provided. Licensee may not use the other media on another computer system(s) and/or specific computer network(s), or loan, rent, lease, or transfer the other media to another user.
Licensee may install the number of copies of the Software, Data, and Related Materials for which license or update fees have been paid onto the permanent storage device(s) on the computer system(s) and/or specific computer network(s).
Licensee may make routine computer backups but only one (1) copy of the Software, Data, and Related Materials for archival purposes during the term of this Agreement unless the right to make additional copies is granted to Licensee in writing by ESRI.
Licensee may use, copy, alter, modify, merge, reproduce, and/or create derivative works of the on-line documentation for Licensee's own internal use. The portions of the on-line documentation merged with other software, hard copy, and/or digital materials shall continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright attribution notice acknowledging ESRI's proprietary rights in the on-line documentation: "Portions of this document include intellectual property of ESRI and are used herein by permission. Copyright Š 199_ Environmental Systems Research Institute, Inc. All Rights Reserved."
Licensee may use the Data that are provided under license from ESRI and its third party licensor(s) as described in the Distribution Rights section of the on-line Data Help files.

Uses Not Permitted:

Licensee shall not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide unlicensed third parties access to prior or present versions of the Software, Data, and Related Materials, any updates, or Licensee's rights under this Agreement.
Licensee shall not reverse engineer, decompile, or disassemble the Software, or make any attempt to unlock or bypass the software keycode and/or hardware key used, as applicable, subject to local law.
Licensee shall not make additional copies of the Software, Data, and/or Related Materials beyond that described in the Permitted Uses section above.
Licensee shall not remove or obscure any ESRI copyright or trademark notices. Term: The license granted by this Agreement shall commence upon Licensee's receipt of the Software, Data, and Related Materials and shall continue until such time that (1) Licensee elects to discontinue use of the Software, Data, and Related Materials and terminates this Agreement or (2) ESRI terminates for Licensee's material breach of this Agreement. Upon termination of this Agreement in either instance, Licensee shall return to ESRI the Software, Data, Related Materials, and any whole or partial copies, codes, modifications, and merged portions in any form. The parties hereby agree that all provisions, which operate to protect the rights of ESRI, shall remain in force should breach occur.

Limited Warranty: ESRI warrants that the media upon which the Software, Data, and Related Materials are provided will be free from defects in materials and workmanship under normal use and service for a period of sixty (60) days from the date of receipt. The Data herein have been obtained from sources believed to be reliable, but its accuracy and completeness, and the opinions based thereon, are not guaranteed. Every effort has been made to provide accurate Data in this package. The Licensee acknowledges that the Data may contain some nonconformities, defects, errors, and/or omissions. ESRI and third party licensor(s) do not warrant that the Data will meet Licensee's needs or expectations, that the use of the Data will be uninterrupted, or that all nonconformities can or will be corrected. ESRI and the respective third party licensor(s) are not inviting reliance on these Data, and Licensee should always verify actual map data and information. The Data contained in this package are subject to change without notice.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, THE SOFTWARE, DATA, AND RELATED MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Exclusive Remedy and Limitation of Liability: During the warranty period, ESRI's entire liability and Licensee's exclusive remedy shall be the return of the license fee paid for the Software, Data, and Related Materials in accordance with the ESRI Customer Assurance Program for the Software, Data, and Related Materials that do not meet ESRI's Limited Warranty and that are returned to ESRI or its dealers with a copy of Licensee's proof of payment.

ESRI shall not be liable for indirect, special, incidental, or consequential damages related to Licensee's use of the Software, Data, and Related Materials, even if ESRI is advised of the possibility of such damage.

Waivers: No failure or delay by ESRI in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by ESRI.

Order of Precedence: Any conflict and/or inconsistency between the terms of this Agreement and any FAR, DFAR, purchase order, or other terms shall be resolved in favor of the terms expressed in this Agreement, subject to the U.S. Government's minimum rights unless agreed otherwise.

Export Regulations: Licensee acknowledges that this Agreement and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders relating to the export of computer software or know-how relating thereto. ESRI Software, Data, and Related Materials have been determined to be Technical Data under United States export laws. Licensee agrees to comply with all laws, regulations, and orders of the United States in regard to any export of such Technical Data. Licensee agrees not to disclose or reexport any Technical Data received under this Agreement in or to any countries for which the United States Government requires an export license or other supporting documentation at the time of export or transfer, unless Licensee has obtained prior written authorization from ESRI and the U.S. Office of Export Control. The countries restricted at the time of this Agreement are Cuba, Iran, Iraq, Libya, North Korea, and Sudan.

U.S. Government Restricted/Limited Rights: Any software, documentation, and/or data delivered hereunder is subject to the terms of the License Agreement. In no event shall the Government acquire greater than RESTRICTED/LIMITED RIGHTS. At a minimum, use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR §52.227-14 Alternates I, II, and III (JUN 1987); FAR §52.227-19 (JUN 1987) and/or FAR §12.211/12.212 (Commercial Technical Data/Computer Software); and DFARS §252.227-7015 (NOV 1995) (Technical Data) and/or DFARS §227.7202 (Computer Software), as applicable. Contractor/Manufacturer is Environmental Systems Research Institute, Inc., 380 New York Street, Redlands, CA 92373-8100 USA.

Governing Law: This Agreement is governed by the laws of the United States of America and the State of California without reference to conflict of laws principles.

Entire Agreement: The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto and is effective, valid, and binding upon the parties.

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