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Environmental Systems Research Institute,Inc. <br /> 380 New York Street + <br /> Redlands,CA 92373 <br /> (909)793-2853 <br /> recurring loss or theft of Software, Data, and Related Materials shall constitute a serious violation <br /> of this Agreement and may, at ESRI's discretion, terminate this Agreement and exclude the <br /> University from further participation in the ESRI ArcView–University LAB KIT program. <br /> 6. By participating in the ESRI ArcView–University LAB KIT program, the University <br /> acknowledges that the Software, Data, and Related Materials are copyrighted and embody trade <br /> secret and proprietary information or technology of ESRI. Accordingly, the University agrees <br /> not to disclose any technical, business, or marketing information about or related to the Software, <br /> Data, and Related Materials to other entities involved in the development and/or sale of <br /> geoprocessing software. <br /> 7. Upon notice from ESRI that the University has failed to abide by the terms of this Agreement, the <br /> University promises to immediately return, at its own expense and without refund, all Software, <br /> Data, and Related Materials, including archive copies, in its possession. The University further <br /> acknowledges that its obligation not to disclose ESRI trade secret and proprietary information or <br /> technology shall survive termination of this Agreement. <br /> 8. The University understands that thirty (30) day Software Support is included in the initial license <br /> fee and that such support is provided by ESRI or the ArcView Distributor as applicable. The <br /> University shall negotiate the terms and conditions directly with the local ArcView Distributor for <br /> Software Support beyond the initial thirty (30) day period. <br /> This Agreement and the ESRI Software and Data License Agreements that are incorporated by <br /> reference constitute the sole and entire agreement of the parties as to the matter set forth herein and <br /> supersede any previous agreements, understandings, and arrangements between the parties relating <br /> hereto. Except as otherwise expressly provided herein, any Amendments to this Agreement must be <br /> in writing and signed by an authorized representative of each party. <br /> Addendum 3—ESRI ArcUSA/ArcWorld/ArcScene USA Tour Database License Agreement <br /> Addendum 4—ESRI Software License Agreement—Desktop Software <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective, valid, and <br /> binding upon the parties as of the date below as executed by their duly authorized representatives. <br /> ACCEPTED AND AGREED: <br /> (University) <br /> By: <br /> Authorized Signature <br /> Printed Name: <br /> Title: <br /> Date: <br /> A92-P 1291-A 1/RB D-8 7/7/95 <br />