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ESRI Europe2 hypsometric palette license: |
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http://soliton.vm.bytemark.co.uk/pub/cpt-city/esri/copying.html |
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ARTICLE 1. DEFINITIONS |
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The terms used herein are defined as follows: |
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(a) Materials mean all or any portion of ESRI's proprietary scripts, |
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software, data, documentation, or related materials supplied by |
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ESRI, regardless of the format or content provided under this |
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Agreement. |
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(b) Derivative Works mean any products, services, or methods created |
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using, incorporating, or derived from the Materials or from other |
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Derivative Works. Derivative Works may consist of collective works |
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of authorship. |
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ARTICLE 2. INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP |
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Materials supplied under this Agreement are licensed and not sold. ESRI |
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solely owns all Materials, which are protected by United States laws and |
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applicable international laws, treaties, and conventions regarding |
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intellectual property or proprietary rights. You agree to keep all |
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attribution, copyright, and ownership notices included in the Materials |
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wholly intact. |
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ARTICLE 3. GRANT OF LICENSE |
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3.1 Grant of License. The Agreement is intended to promote the free |
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exchange of Materials related to ESRI products and services. Subject to |
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the terms and conditions of this Agreement, ESRI grants You a worldwide, |
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royalty-free, nonexclusive, perpetual, nontransferable license: |
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(a) To use, execute, display, perform, and transmit the Materials; |
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(b) To reproduce and distribute the Materials consistent with the |
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terms of Section 5.1; |
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(c) To produce Derivative Works of the Materials; |
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(d) To redistribute Derivative Works subject to terms and conditions |
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of this Agreement; and |
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(e) To use, execute, display, perform, and transmit Derivative Works. |
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All other rights are reserved to ESRI. Nothing in this Agreement shall |
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abridge ESRI's rights in the Materials. |
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3.2 Express Prohibition on Patenting. You may not incorporate the Materials |
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into any product, process, or method to be patented or protected by similar |
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rights granted in a foreign jurisdiction. Sublicensees of any Derivative |
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Works are likewise prohibited from seeking such patent or similar right on |
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any product, process, or method incorporating the Materials or Derivative |
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Works. Additionally, Materials shall not be used in any preferred |
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embodiments of patented products, processes, or methods. Any attempts to |
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seek a patent or similar right incorporating Materials shall render this |
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Agreement void and all rights granted under this License shall be immediately |
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revoked. |
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3.3 Technology Neutrality. The rights granted herein apply in any media or |
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format, whether presently used or hereafter devised. These rights include |
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the right to make any modifications necessary in order make use of Materials |
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on platforms for which it was not intended. If such modifications are made, |
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any attribution and copyright notices included in the Materials shall be |
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included and left wholly intact. |
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ARTICLE 4. DISCLAIMERS AND LIMITATION OF LIABILITY |
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4.1 Disclaimer of Certain Types of Liability. ESRI DISCLAIMS ALL WARRANTIES |
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OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED |
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. |
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4.2 Disclaimer of Indemnity. ESRI SHALL NOT BE LIABLE TO YOU FOR COSTS OF |
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PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, SALES, OR |
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BUSINESS EXPENDITURES; LOST INVESTMENTS; COMMITMENTS IN CONNECTION WITH |
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ANY BUSINESS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, |
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OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR |
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USE OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, |
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WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
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THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL |
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PURPOSE OF ANY LIMITED REMEDY. |
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ARTICLE 5. GENERAL PROVISIONS |
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5.1 Distribution of Materials. |
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(a) License and Distribution. You may redistribute the Materials under |
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this Agreement to non parties to this agreement ("Sublicensee") |
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only if (1) a complete copy of this license is provided to and |
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expressly agreed upon by the Sublicensee or (2) the Material is |
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included in a deliverable in such a manner that the Material is |
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not accessible, usable, or extractable by the Sublicensee without |
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the use of extraordinary measures. This License is specific to the |
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Materials provided and is not attached to any other ESRI products |
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or services. Sublicensees are also subject to terms and conditions |
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of use for the Materials and Derivative Works. |
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(b) Export Control Regulations. You expressly acknowledge and agree to |
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not export, reexport, or provide the Materials, in whole or in part, |
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to (i) any country to which the United States has embargoed goods; |
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(ii) any person on the U.S. Treasury Department's list of Specially |
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Designated Nationals; (iii) any person or entity on the U.S. Commerce |
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Department's Table of Denial Orders; or (iv) any person or entity |
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where such export, reexport, or provision violates any U.S. export |
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control laws or regulations, including amendments and supplemental |
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additions as they may occur from time to time. You shall not export |
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the Materials or any underlying information or technology to any |
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facility in violation of these or other applicable laws and |
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regulations, including but not limited to the terms of any export |
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license or licensing provision. You represent and warrant that You |
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and Your employees, consultants, or customers who gain access to |
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the Materials are not a national, resident, located in or under the |
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control of, or acting on behalf of any person, entity, or country |
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subject to such U.S. export controls. |
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5.2 Severability. The parties mutually agree that if any provision of this |
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Agreement is held to be unenforceable for any reason, such provision shall |
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be reformed only to the extent necessary to make the intent of the language |
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enforceable. |
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5.3 Successor and Assigns. You shall not assign or transfer Your rights or |
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delegate its obligations under this Agreement without ESRI's prior written |
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consent. Any attempt to do so without prior written consent shall be void. |
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5.4 Equitable Relief. You agree that Your breach of this Agreement may |
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cause irreparable harm and that, in the event of such breach, in addition |
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to any and all remedies at law, ESRI shall have the right to seek an |
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injunction, specific performance, or other equitable relief in any court of |
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competent jurisdiction without the requirement of posting a bond or |
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undertaking or proving injury as a condition for relief. |
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5.5 Governing Law. This Agreement shall be governed by and construed in |
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accordance with the laws of the State of California. Actions arising under |
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this Agreement shall be filed in San Bernardino County, California. |
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5.6 Entire Agreement. This Agreement constitutes the sole and entire |
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agreement of the parties as to the Materials provided hereunder. Additional |
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or different terms included with an order or other document shall not be |
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binding upon ESRI. Any modification(s) or amendment(s) to this Agreement |
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must be in writing and signed by each party. This Agreement shall have |
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no effect on interpretation, application, or the rights and obligations |
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associated with any other agreements between You and ESRI whether agreed |
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to before or after the date of this Agreement. |
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Palette modification license (RGB value rounding and addition of a water color) |
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Licensed under the same terms as required by the original license. |