5. ESRI End User License Agreement

The University of Louisville has entered into a license agreement with Environmental Systems Research Institute, Inc. ("ESRI" or "LICENSOR"), the licensor of various GIS/mapping software, which permits the University of Louisville ("UofL" or "LICENSEE") the ability to license discounted copies of the software to UofL faculty and staff.

 

I certify that I am currently an employee of UofL, ("USER"). I understand that I am only authorized to use this software (1) while I am an employee and (2) in accordance with the provisions outlined below, the ESRI license agreement (99U1335) between UofL and ESRI and the associated attachments (which includes pertinent sections of the ESRI License Agreement.)

 

  1. USER acknowledges that the Programs (as defined in section 1.7 of the ESRI License Agreement) are owned by ESRI and its third party licensor(s) and that USER is being granted a personal, nonexclusive, nontransferable license to use the Programs pursuant to the provisions outlined in this ESRI End-User Agreement. Attachment A provides a list of the particular Programs to which USER is authorized to use under this ESRI End-User Agreement.

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  2. USER acknowledges that the Programs are protected by U.S. copyright laws and applicable international treaties and/or conventions. USER is only authorized to make machine-readable copies of the Programs as necessary (1) to use the Programs in accordance with the provisions of this ESRI End-User License Agreement and (2) to backup the Programs for archive (e.g., disaster recovery) purposes. All information appearing in or on the original Software or Data labels, including the copyright notice, must be included in the backup copies and via internal labels. Making additional printed copies of the Related Materials (see section 1.8 of ESRI License Agreement) is not authorized and additional printed copies must be purchased from ESRI.

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  3. USER understands and agrees that the term of this ESRI End-User License Agreement will be concurrent with the term of the annually renewable ESRI License Agreement. As such USER’s initial term will coincide with the end of the current term of the ESRI License Agreement, which renews on the first of December each year. USER understands and agrees to pay a license fee as specified on Attachment A for use of the Programs while USER is an employee of UofL. USER understands that he/she is obligated to pay this license fee annually and that it is subject to increase should ESRI increase its fees to UofL in future renewals.

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  4. USER agrees to use the Programs only on a computer which is owned or leased by UofL or personally owned computer of the USER. USER agrees that the Programs must remain under the USER’s control and that resale or other transfer is not permitted without written authorization by UofL and/or ESRI.

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  5. USER agrees that his/her use of the Programs will only be for educational, academic and research purposes by employees. Use of the Programs for profit, private gain, or other Commercial Use is an express violation of this ESRI End-User Agreement and will subject the USER to any and all remedies available in equity or law to ESRI as well as payment in full for standard license fees. USER further acknowledges that certain specific uses are prohibited as outlined in Attachment B (which are excerpted from the ESRI License Agreement.)

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  6. USER agrees to take reasonable efforts to protect the Programs from loss or theft and to notify UofL within three (3) working days after discovering that any components are missing.

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  7. USER agrees that, with the exception of Bundled Packages, USER may only install one (1) software license on one (1) computer. Furthermore, a representative of the LICENSEE's Center for GIS expressly reserves the right at all reasonable times to enter into and upon the property of USER for the purpose of inspecting adherence to software license installation.

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  8. USER acknowledges that Programs are subject to applicable U.S. laws, regulations, or orders relating to the export and the Software and Related materials have been determined to be Technical Data under U.S. export laws. USER agrees that he/she will not take or send the Programs to any countries for which the U.S. government requires an export license or other supporting documentation at the time of export or transfer, unless USER has obtained prior written authorization from ESRI or the U.S. Office of Export Control.

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  9. USER agrees to notify UofL of any changes (1) of computer on which Programs are installed and (2) of any other applicable contact information contained in the signature section below.

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  10. USER acknowledges and understands that he/she is not entitled to obtain any technical support or other assistance directly from ESRI in the use of the Programs. USER may contact the appropriate UofL designated contacts for technical support and assistance as outlined in Attachment A. Only authorized UofL contacts (i.e., GIS Specialist) may obtain support directly from ESRI as provided by ESRI under the provisions of the ESRI License Agreement.

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  11. USER acknowledges and agrees that ESRI only provides a limited warranty for media and that neither UofL nor ESRI provides a warranty for the software or data. (See Article 8 of the ESRI License Agreement.) UofL is providing the Programs to USER "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. Neither UofL nor ESRI will be liable for ANY INDIRECT, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES RELATED TO THE USE BY USER OF THE SOFTWARE, DATA, OR RELATED MATERIALS, ALONE OR IN ANY COMBINATION, EVEN IF UOFL OR ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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  12. This End-User License Agreement is terminated (1) should USER’s relationship as an employee with UofL end, (2) the ESRI License Agreement be terminated in accordance with section 3.2 of the ESRI License Agreement, or (3) by USER’s failure to abide by the provisions of this ESRI End-User License Agreement. USER acknowledges that his/her authorization to continue use of the Programs ceases at this time. USER agrees to remove any and all copies from USER’s computer system and to not thereafter use the Programs (unless USER has obtained a valid license to use Programs from ESRI or its authorized third party distributor(s).) USER further agrees that should USER have made any archive (e.g., backup copies) of Programs that USER will retain such additional copies for only a temporary time following termination of this End-User License Agreement and that such temporary copies will not be used to use Programs after termination of this End-User License Agreement.

 

 

The following Attachments are included as a part of this End-User License Agreement:

Attachment A: Authorized Licensed Programs and End-User Fees Order Form

Attachment B: Specific Prohibitions on Use (excerpted from ERSI License Agreement)

Attachment C: ESRI License Agreement (99U1335)

Agreed to:________________________________

User Signature ____________________________ Date_______________

User Name (Print name) _______________________

E-mail Address______________________________

Address___________________________________

Work Phone________________ Home Phone_________________

Department/Unit________________________________

Purchasing Account Number______________________

Account Name_________________________

 

Computer on which Programs to be installed( Mfgr/Model Serial Number/UofL Asset Tag Number):

___________________________________________________________________________

 

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