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DATA EVALUATION AGREEMENT
Esri hereby grants a limited evaluation license to the Licensee, and Licensee hereby accepts the limited evaluation license for use of the Data, including any applicable documentation (hereinafter referred to as "Data"). The Data is provided under a limited evaluation license at no charge; however, should the Data be used for any purpose other than evaluation or beyond preset number of transactions provide for evaluation purposes, the current license fee for a full use license will be due and payable immediately. Esri reserves the right to immediately terminate this limited evaluation license should Licensee use the Data for any use not permitted under this Agreement.
RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: The Data evaluated pursuant to this Agreement, or any other material delivered hereunder, is proprietary to ESRI and contains trade secrets, inclusive of unpublished specifications. All rights, title, ownership in patents, trademarks, copyrights, trade secrets, know-how, and any proprietary rights in the Data remain exclusively with ESRI. The Data is protected by United States copyright laws and applicable international treaties and/or conventions. Licensee acknowledges that the Data is proprietary to ESRI.
a. Use the Data within an internal network environment for Licensee's own internal use.
c. Use the Data only for purposes of evaluation by Licensee and only on the designated equipment.
Licensee may not
a. Sell, lease, lend, assign, cache, sublicense, publish, disclose, display, or otherwise make available the Data or components thereof, in any form, including, but not limited to, the Data, any flowcharts, logic diagrams, object code, source code, or technical documentation, to any person or entity without the written permission of an authorized Esri representative;
b. Export or reexport the Data from the delivery destination without the appropriate United States Export or foreign government license and Esri's prior written approval;
c. Reverse engineer, decompile, or disassemble the Data or the delivery service or mechanism for any purpose, or otherwise attempt to unlock or bypass the access code used or uncover any Esri source code;
d. Publicly disclose results of benchmark testing;
e. Use the Data as a source or resource for any licensee or other competitive product; or
f. Use the Data for commercial or production purposes.
WARRANTY: THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LICENSEE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE DATA.
LIMITATION OF LIABILITY: IN NO EVENT WILL ESRI BE LIABLE TO LICENSEE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE USE BY THE LICENSEE OF THE DATA, OR ANY OTHER MATERIALS DELIVERED HEREUNDER EVEN IF ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Esri reserves the right to make any changes it deems necessary or desirable to the Data.
ASSIGNABILITY: This Agreement is not assignable by Licensee without the prior written consent of Esri.
TERMINATION: This evaluation license expires upon expiration of term or earlier by either party upon written notice to the other. However, Esri reserves the right to immediately terminate this license upon breach of any term of this Agreement by Licensee.
WAIVERS: A failure or delay by Esri in enforcing any right or remedy under this Agreement shall not be construed as a waiver of such right or remedy by Esri.
GOVERNING LAW: This Agreement will be governed by the laws of the United States of America and the State of California without reference to conflict of law 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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