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M . <br /> Environmental Systems Research Institute,Inc. <br /> t 380 New York Street <br /> Redlands,CA 92373 <br /> n (909)793-2853 <br /> ATTACHMENT D—Addendum 2 <br /> ESRI ArcView–University LAB KIT <br /> Campus License Agreement <br /> Contract No. <br /> Notice: Environmental Systems Research Institute,Inc.(ESRI),will not distribute or release <br /> University LAB KITS for use at your institution unless ESRI receives a signed copy of this <br /> Agreement with your order. <br /> 1. The University agrees to the terms and conditions of this Campus License Agreement <br /> (Agreement) for the ESRI ArcView—University LAB KIT and the attached ESRI Software and <br /> Data License Agreements, respectively, which are herein incorporated by reference and are <br /> supplemented and/or modified by this Agreement. <br /> 2. The University understands that the ESRI ArcView—University LAB KIT software, data, and <br /> related materials,including,but not limited to, the ArcView®software, ArcUSA"', ArcWorle, <br /> and ArcScenel" USA Tour data sets, user documentation, videotapes, and instructional materials <br /> (Software, Data, and Related Materials), as specified in the then current ESRI ArcView—University <br /> LAB KIT Order Form (Order Form), are licensed to the University under the terms of this <br /> Agreement and remain the sole and exclusive property of ESRI. <br /> 3. The University understands that the purpose of the Software, Data, and Related Materials is to <br /> provide an instructional tool in a computer lab and/or academic research environment. Once the <br /> University has licensed the original ArcView Master LAB KIT, the University may order, without <br /> signed amendments, additional copies of ArcView software, ArcUSA, ArcWorld, and ArcScene <br /> USA Tour data sets and associated Related Materials as described on the Order Form for <br /> dissemination throughout the University's entire campus. <br /> Please note: ESRI will expedite filling future order(s) provided that the following language is <br /> Incorporated in the signed Purchase Order: "By accepting this order,both parties agree to <br /> amend the ESRI ArcView—University LAB KIT Campus License Agreement [INSERT ESRI <br /> CONTRACT NUMBER] between [INSERT UNIVERSITY NAME] and Environmental <br /> Systems Research Institute,Inc.(ESRI),dated [INSERT ORIGINAL AGREEMENT DATE], <br /> which is incorporated herein by reference, to include the above ordered items,which are <br /> hereby licensed under the same terms and conditions." <br /> No right to copy and/or reproduce any of the Software, Data, or Related Materials is granted, and <br /> the University agrees not to make any copies but rather place orders for said Software, Data, and <br /> Related Materials from the Order Form. <br /> 4. The University understands that the Software, Data, and Related Materials are only to be used for <br /> instructional and/or academic research purposes of the University's students and faculty. Use of <br /> the Software, Data, and Relatedr Materials for private gain shall be an express violation of the <br /> terms expressed herein, and ESRI shall be entitled to seek all remedies available for such breach <br /> whether in equity, law, or both. The University agrees not to allow anyone other than students <br /> and faculty of the University to use the Software, Data, and Related Materials without ESRI's prior <br /> written permission. <br /> 5. The University agrees to protect from loss and theft all Software, Data, and Related Materials, and <br /> agrees to report all losses in writing to ESRI within five (5) working days after discovering <br /> components are missing. The University acknowledges that any time it wishes to replace lost or <br /> stolen items the University must license such components at their then current licensing fees. All <br /> orders for replacement components are to be placed in writing on the form provided by ESRI <br /> accompanied by a valid purchase order. The University understands that unreasonable or <br /> ArcView is a registered trademark of Environmental Systems Research Institute,Inc. <br /> ArcUSA,ArcWorld,and ArcScene are trademarks of Environmental Systems Research Institute,Inc. <br /> A92-P 1291-A 1/RB D-7 7/7195 <br />