ESRI License Agreement for use of Selected Coastline and Country Boundaries Data Layers from ESRI ArcWorld™ Data Set, ArcWorld Supplement, and Digital Chart of the World For Use With ARC/INFO® database

ESRI DATA LICENSE AGREEMENT

This is a license agreement, and not an agreement for sale, between the end user (Licensee) and Environmental Systems Research Institute, Inc. (ESRI).  This License Agreement (Agreement) gives Licensee certain limited rights to use the proprietary selected data layers from the ESRI® ArcWorld™ 1:3M Data Set and Digital Chart of the World in database (Data Layer) and Related Materials.. All rights not specifically granted in this Agreement are reserved to ESRI.

Reservation of Ownership and Grant of License: ESRI retains exclusive ownership of the Data Layer licensed under this Agreement and, hereby, grant to Licensee a personal, nonexclusive, nontransferable license to use the Data Layer based on the terms and conditions of this Agreement. Licensee agrees to use reasonable effort to protect the Data Layer from unauthorized use, reproduction, distribution, or publication.

Copyright: The Data Layer is owned by ESRI and is protected by United States copyright laws and applicable international copyright treaties and/or conventions.

Proprietary Rights: Licensee acknowledges that the Data Layer contains proprietary and confidential property of ESRI.  All published hard-copy renditions of the Data Layer, of any portion of the Data Layer, or of derived versions of the Data Layer shall include a statement acknowledging Environmental Systems Research Institute, Inc. as the source of the portion of the Data Layer that is displayed, printed, or plotted.

Permitted Uses: 
*	Licensee may modify the Data Layer and merge with other data sets with the Data Layer for Licensee's own internal use. The portions of the Data Layer that are merged with other data sets will continue to be subject to the terms and conditions of this Agreement. 
*	Licensee may install the Data Layer or portions of the Data Layer onto permanent storage device(s) for access by a user or users within your organization, as per the version licensed.
*	Licensee may make only one (1) copy of the original Data for archival purposes unless the right to make additional copies is granted to Licensee in writing by ESRI. 
*	Licensee may sell, market, or otherwise distribute published hard-copy renditions of the Data Layer or portions of the Data Layer, provided that Licensee acknowledges ESRI’s property rights in the Data Layer. 

Uses Not Permitted:
*	Licensee shall not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide unlicensed Third Parties access to the Data Layer or Licensee's rights under this Agreement. 
*	Licensee shall not remarket or redistribute the Data Layer or any derived Data Layer product in digital form to unlicensed Third Parties. 
*	Licensee shall not remove or obscure any copyright, proprietary, or trademark notices. 

Term: The license granted by this Agreement shall commence upon Licensee's receipt of the Data Layer and shall continue until such time that (1) Licensee elects to discontinue use of the Data Layer and terminates the Agreement or (2) ESRI terminates for Licensee's material breach of this Agreement. Upon termination of this Agreement in either instance, Licensee shall then return to ESRI the Data and Related Materials. The parties hereby agree that all provisions that operate to protect the rights of ESRI shall remain in force should breach occur.

Limited Warranty: Licensee acknowledges that the Data Layer may contain some nonconformities, defects, or errors. ESRI does not warrant that the Data Layer will meet Licensee's needs or expectations, that the use of the Data Layer will be uninterrupted, or that all nonconformities can or will be corrected. ESRI is not inviting reliance on these data, and Licensee should always verify actual data.

THE DATA LAYER IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE DATA LAYER.

ESRI shall not be liable for indirect, special, incidental, or consequential damages related to Licensee’s use of the Data Layer, even if ESRI is advised of the possibility of such damage.

U.S. Government Restricted/Limited Rights: At a minimum, use, duplication, and disclosure by the Government are subject to restrictions as set forth in FAR §52.227-14 Alternate I, II, and III (JUN 1987); FAR §52.227-19 (JUN 1987), and/or FAR §12.211/12.212 (Commercial Technical Data/Computer Software), and DFARS §252.227-7015 (NOV 1995) [Technical Data] and/or DFARS §252.7202 [Computer Software], as applicable. Contractor/Manufacturer is Environmental Systems Research Institute, Inc., 380 New York Street, Redlands, CA 92373-8100 USA.