<?xml version="1.0"?>
<copying>
  <authors>
    <author>
      <name>Environmental Systems Research Institute, Inc.</name>
    </author>
  </authors>
  <license>
    <informal>Derivative works permitted under the same licence.
      Disclaimer, patent prohibition, and US export restrictions
      apply</informal>
    <year>2011</year>
    <text>
ARTICLE 1. DEFINITIONS

The terms used herein are defined as follows:

    (a) Materials mean all or any portion of ESRI's proprietary scripts, 
        software, data, documentation, or related materials supplied by 
        ESRI, regardless of the format or content provided under this 
        Agreement.
    (b) Derivative Works mean any products, services, or methods created 
        using, incorporating, or derived from the Materials or from other 
        Derivative Works. Derivative Works may consist of collective works 
        of authorship.

ARTICLE 2. INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP

Materials supplied under this Agreement are licensed and not sold. ESRI 
solely owns all Materials, which are protected by United States laws and 
applicable international laws, treaties, and conventions regarding 
intellectual property or proprietary rights. You agree to keep all 
attribution, copyright, and ownership notices included in the Materials 
wholly intact.

ARTICLE 3. GRANT OF LICENSE

3.1 Grant of License. The Agreement is intended to promote the free 
exchange of Materials related to ESRI products and services. Subject to 
the terms and conditions of this Agreement, ESRI grants You a worldwide, 
royalty-free, nonexclusive, perpetual, nontransferable license:

    (a) To use, execute, display, perform, and transmit the Materials;
    (b) To reproduce and distribute the Materials consistent with the 
        terms of Section 5.1;
    (c) To produce Derivative Works of the Materials;
    (d) To redistribute Derivative Works subject to terms and conditions 
        of this Agreement; and
    (e) To use, execute, display, perform, and transmit Derivative Works.

All other rights are reserved to ESRI. Nothing in this Agreement shall 
abridge ESRI's rights in the Materials.

3.2 Express Prohibition on Patenting. You may not incorporate the Materials 
into any product, process, or method to be patented or protected by similar 
rights granted in a foreign jurisdiction. Sublicensees of any Derivative 
Works are likewise prohibited from seeking such patent or similar right on 
any product, process, or method incorporating the Materials or Derivative 
Works. Additionally, Materials shall not be used in any preferred 
embodiments of patented products, processes, or methods. Any attempts to 
seek a patent or similar right incorporating Materials shall render this 
Agreement void and all rights granted under this License shall be immediately 
revoked.

3.3 Technology Neutrality. The rights granted herein apply in any media or 
format, whether presently used or hereafter devised. These rights include 
the right to make any modifications necessary in order make use of Materials 
on platforms for which it was not intended. If such modifications are made, 
any attribution and copyright notices included in the Materials shall be 
included and left wholly intact.

ARTICLE 4. DISCLAIMERS AND LIMITATION OF LIABILITY

4.1 Disclaimer of Certain Types of Liability. ESRI DISCLAIMS ALL WARRANTIES 
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED 
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4.2 Disclaimer of Indemnity. ESRI SHALL NOT BE LIABLE TO YOU FOR COSTS OF 
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, SALES, OR 
BUSINESS EXPENDITURES; LOST INVESTMENTS; COMMITMENTS IN CONNECTION WITH 
ANY BUSINESS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR 
USE OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, 
WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL 
PURPOSE OF ANY LIMITED REMEDY.

ARTICLE 5. GENERAL PROVISIONS

5.1 Distribution of Materials.

    (a) License and Distribution. You may redistribute the Materials under 
        this Agreement to non parties to this agreement ("Sublicensee") 
        only if (1) a complete copy of this license is provided to and 
        expressly agreed upon by the Sublicensee or (2) the Material is 
        included in a deliverable in such a manner that the Material is 
        not accessible, usable, or extractable by the Sublicensee without 
        the use of extraordinary measures. This License is specific to the 
        Materials provided and is not attached to any other ESRI products 
        or services. Sublicensees are also subject to terms and conditions 
        of use for the Materials and Derivative Works.
    (b) Export Control Regulations. You expressly acknowledge and agree to 
        not export, reexport, or provide the Materials, in whole or in part, 
        to (i) any country to which the United States has embargoed goods; 
        (ii) any person on the U.S. Treasury Department's list of Specially 
        Designated Nationals; (iii) any person or entity on the U.S. Commerce 
        Department's Table of Denial Orders; or (iv) any person or entity 
        where such export, reexport, or provision violates any U.S. export 
        control laws or regulations, including amendments and supplemental 
        additions as they may occur from time to time. You shall not export 
        the Materials or any underlying information or technology to any 
        facility in violation of these or other applicable laws and 
        regulations, including but not limited to the terms of any export 
        license or licensing provision. You represent and warrant that You 
        and Your employees, consultants, or customers who gain access to 
        the Materials are not a national, resident, located in or under the 
        control of, or acting on behalf of any person, entity, or country 
        subject to such U.S. export controls.

5.2 Severability. The parties mutually agree that if any provision of this 
Agreement is held to be unenforceable for any reason, such provision shall 
be reformed only to the extent necessary to make the intent of the language 
enforceable.

5.3 Successor and Assigns. You shall not assign or transfer Your rights or 
delegate its obligations under this Agreement without ESRI's prior written 
consent. Any attempt to do so without prior written consent shall be void.

5.4 Equitable Relief. You agree that Your breach of this Agreement may 
cause irreparable harm and that, in the event of such breach, in addition 
to any and all remedies at law, ESRI shall have the right to seek an 
injunction, specific performance, or other equitable relief in any court of 
competent jurisdiction without the requirement of posting a bond or 
undertaking or proving injury as a condition for relief.

5.5 Governing Law. This Agreement shall be governed by and construed in 
accordance with the laws of the State of California. Actions arising under 
this Agreement shall be filed in San Bernardino County, California.

5.6 Entire Agreement. This Agreement constitutes the sole and entire 
agreement of the parties as to the Materials provided hereunder. Additional 
or different terms included with an order or other document shall not be 
binding upon ESRI. Any modification(s) or amendment(s) to this Agreement 
must be in writing and signed by each party. This Agreement shall have 
no effect on interpretation, application, or the rights and obligations 
associated with any other agreements between You and ESRI whether agreed 
to before or after the date of this Agreement. 
    </text>
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