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2021-131
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2021-131
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Last modified
10/15/2021 2:18:46 PM
Creation date
9/24/2021 12:55:18 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/14/2021
Control Number
2021-131
Agenda Item Number
8.N.
Entity Name
Environmental Systems Research Institute, Inc. (esri)
Subject
Small Municipal and County Government Enterprise Agreement
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1.0—ADDITIONAL DEFINITIONS 2.0—ADDITIONAL GRANT OF LICENSE <br /> In addition to the definitions provided in the Master 2.1 Grant of License.Subject to the terms and <br /> Agreement,the following definitions apply to this conditions of this Agreement,Esri grants to <br /> Agreement: Customer a personal, nonexclusive, <br /> nontransferable license solely to use, copy, and <br /> "Case"means a failure of the Software or Online Deploy quantities of the Products listed in <br /> Services to operate according to the Documentation Table A—List of Products for the Term of <br /> where such failure substantially impacts operational Agreement(i)for the applicable Fee and(ii)in <br /> or functional performance. accordance with the Master Agreement. <br /> "Deploy","Deployed"and "Deployment" mean to 2.2 Consultant Access. Esri grants Customer the <br /> redistribute and install the Products and related right to permit Customer's consultants or <br /> Authorization Codes within Customer's contractors to use the Products exclusively for <br /> organization(s). Customer's benefit. Customer will be solely <br /> responsible for compliance by consultants and <br /> "Fee"means the fee set forth in the Quotation. contractors with this Agreement and will ensure <br /> that the consultant or contractor discontinues <br /> "Maintenance"means Tier 2 Support, Product use of Products upon completion of work for <br /> updates, and Product patches provided to Customer Customer.Access to or use of Products by <br /> during the Term of Agreement. consultants or contractors not exclusively for <br /> Customer's benefit is prohibited.Customer may <br /> "Master Agreement" means the applicable master not permit its consultants or contractors to install <br /> agreement for Esri Products incorporated by this Software or Data on consultant,contractor,or <br /> reference that is(i)found at https://www.esri.com/en- third-party computers or remove Software or <br /> us/legal/terms/full-master-agreement and available in Data from Customer locations,except for the <br /> the installation process requiring acceptance by purpose of hosting the Software or Data on <br /> electronic acknowledgment or(ii)a signed Esri Contractor servers for the benefit of Customer. <br /> master agreement or license agreement that <br /> supersedes such electronically acknowledged <br /> master agreement. 3.0—TERM,TERMINATION,AND EXPIRATION <br /> "Product(s)"means the products identified in 3.1 Term.This Agreement and all licenses <br /> Table A—List of Products and any updates to the list hereunder will commence on the Effective Date <br /> Esri provides in writing. and continue for the duration identified in the <br /> Term of Agreement,unless this Agreement is <br /> "Quotation"means the offer letter and quotation terminated earlier as provided herein.Customer <br /> provided separately to Customer. is only authorized to use Products during the <br /> Term of Agreement.For an Agreement with a <br /> "Technical Support" means the technical limited term, Esri does not grant Customer an <br /> assistance for attempting resolution of a reported indefinite or a perpetual license to Products. <br /> Case through error correction, patches, hot fixes, <br /> workarounds, replacement deliveries,or any other 3.2 No Use upon Agreement Expiration or <br /> type of Product corrections or modifications. Termination.All Product licenses,all <br /> Maintenance,and Esri User Conference <br /> "Tier 1 Help Desk" means Customer's point of registrations terminate upon expiration or <br /> contact(s)to provide all Tier 1 Support within termination of this Agreement. <br /> Customer's organization(s). <br /> 3.3 Termination for a Material Breach. Either party <br /> "Tier 1 Support" means the Technical Support may terminate this Agreement for a material <br /> provided by the Tier 1 Help Desk. breach by the other party.The breaching party <br /> will have thirty(30)days from the date of written <br /> "Tier 2 Support" means the Esri Technical Support notice to cure any material breach. <br /> provided to the Tier 1 Help Desk when a Case <br /> cannot be resolved through Tier 1 Support. 3.4 Termination for Lack of Funds. For an <br /> Agreement with government or government- <br /> Page 3 of 6 September 25,2020 <br />
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