To the extent your use of DAP products requires use of products under licence (Licence) from Environmental Systems Research Institute Inc (Esri), you agree:
(a) To restrict use of Esri’s products to executable code, subject to the restrictions provided under the Licence, Esri Partner Network Policies for Sales Authorization (https://www.esri.com/content/dam/esrisites/en-us/media/pdf/esri-partner-network-policies.pdf), and the Click-Through Master Agreement (https://www.esri.com/en-us/legal/terms/full-master-agreement) and consistent with the fees payable.
(b) Not to anything which would amount to (i) transfer of the Esri’s products except for temporary CPU transfer in the event of computer malfunction; (ii) assignment, time-sharing, lending, leasing, distributing, sublicensing, or renting of the Esri’s products or use for commercial network services or interactive cable or remote processing services; (iii) passing title of the Esri’s products to end users or any other party; or (iv) reverse engineering, disassembly, or decompilation or duplication of the Esri’s products except for a single archival copy. Reasonable end user backup copies are permitted.
(c) That to the extent permitted by applicable law, all liability of Esri, its licensors and any other party for any damages or loss of any kind, whether direct, special, indirect, incidental, or consequential, arising from the use of the Esri’s products including, but not limited to, liability for use of Esri’s products in high-risk activities or liability related to any data or other information supplied by Esri or any other party is excluded and disclaimed.
(d) On termination of the Licence, to certify in writing on demand that you have discontinued use and have uninstalled, removed, and destroyed or will return to us all copies of the Esri products.
(e) To comply fully with all relevant export laws and regulations of the United States, including, but not limited to, the Export Administration Regulations (EAR), including prohibited end users and end uses as referenced in Part 44 and Supplement No. 4 to Part 44 of the EAR (https://www.bis.doc.gov/index.php/documents/regulations-docs/2326-supplement-no-4-to-part-744-entity-list-4/file and https://www.bis.doc.gov/index.php/documents/regulations-docs/2341-740-2/file); International Traffic in Arms Regulations (ITAR); and the United States Department of Treasury, Office of Foreign Assets Control (OFAC) regulations, and to ensure that Esri products, or any direct product thereof, are not exported, reexported, transferred, diverted, used, or accessed, directly or indirectly, in violation of any United States export laws and regulations. When applicable, you agree to provide Esri with information about any export and distribution activities as may be required for Esri to meet its obligations under the United States export control laws and regulations.
(f) Not to do anything which would amount to removal or obscuring of any patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Esri products, output, metadata file, or online or hard-copy attribution page of any data or other information with respect to the Esri products.
(g) that your licence to use the DAP product(s) is the sole agreement governing your use of the Esri products and any other agreements (including those listed in clause (a) above) are expressly excluded. You agree that neither Esri not us offers any warranties or indemnities to you for the Esri products.
(h) Not to use the Esri products for any revenue generating activities or otherwise independently from the DAP server. Esri products are for your internal use only.