Use of Data Restrictions

Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions
If Subscriber's use of the Service(s) includes Third-Party Data owned and provided by CustomWeather, Subscriber may not store CustomWeather Data (Data) for any amount of time exceeding twenty-one (21) days from the date of first receipt of the Data hereunder.

Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions
If Subscriber's access to Service(s) includes Third-Party Data owned and provided by Meteorlogix, LLC (Meteorlogix), then Subscriber's use of Meteorlogix Data shall be subject to the following terms and conditions:

Subscriber may not store Meteorlogix Data for any amount of time exceeding a five (5)-day period from the date of receipt of such Data.

Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions
If Licensee's access to the Service(s) includes Third-Party Data owned and provided by ESRI Italia, Licensee's use of ESRI Italia data in conjunction with Service(s) known as Map Image, Address Finder, and Query is strictly prohibited in any Personal and In-Vehicle Navigation systems that use Global Positioning Systems (GPS) real-time data.

Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions
If Licensee's use of the Service(s) includes Third-Party Data owned and provided by GlobeXplorer, LLC, and Licensee is either a Developer or an End User, then Licensee may not access any GlobeXplorer Data for the purposes of any service bureau activities without the express written permission of GlobeXplorer. Additional license fees may apply.

Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions
If Licensee's access to the Service(s) includes Third-Party Data owned and provided by infoUSA Inc., then Licensee's use of the infoUSA Database is limited as follows:

1. SEARCHES BY NAME OF REVERSE-SEARCHES BY TELEPHONE NUMBER
   1. Licensee may use the infoUSA Database in the Services to permit End Users to search by a business name or by telephone number in a city or in a state.
   2. In response to a search by name or telephone number, the Licensee's Service will display a Page of listings of businesses with the same or similar names that show business name, street address, city, and state but may not show ZIP Code or phone number.
   3. An End User may click a Listing displayed without ZIP Code or phone number in order to view a Page showing a single record, which includes phone number and ZIP Code, with each such record hereinafter referred to as a "Record."
   4. No Page shall show more than twenty (20) Listings at one time.
2. SEARCHES BY BUSINESS CATEGORY
   1. Licensee may use the infoUSA Database in the Services to permit End Users to view data elements of businesses by one business in one city at a time, arranged alphabetically or by proximity to an End User predefined location.
   2. In response to a selected business category, the Licensee's Service will display a Page of listings of businesses which may include infoUSA data pertaining to business name, street address, city, and state but may not show ZIP Code or phone number. Each such listing is hereinafter referred to as a "Listing."
   3. An End User may click a Listing displayed without ZIP Code or phone number in order to view a Page showing a single record, which includes phone number and ZIP Code, with each such record hereinafter referred to as a "Record."
   4. No Page shall show more than twenty (20) records at one time.
3. Licensee may allow End Users to export the infoUSA Database into other applications on the End User's mobile device, provided that Licensee shall restrict End Users from exporting no more than ten (10) records at any one time, up to a maximum of one hundred (100) records.
4. IN NO EVENT SHALL SUBSCRIBER OR ITS END USERS USE THE infoUSA DATABASE FOR DIRECT MARKETING PURPOSES IN CONJUNCTION WITH ANY OF THE SERVICE(S) DELIVERED HEREUNDER.

This page outlines restrictions for using MDS data. Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions
If Licensee's access to Service(s) includes Third-Party Data owned and provided by MapData Sciences Pty Ltd. (MDS), Licensee's use of the MDS Data shall be subject to the following terms and conditions:

1. ESRI reserves the right to, upon ten (10) days' notice to Licensee, suspend or terminate Service(s) that include any such MDS data.
2. Copyright notice: Copyright in all of the mapping-based materials on this Web site and any associated Web sites, including, but not limited to, information, artwork, text, maps, images, driving directions, and pictures, derived from the Australian mapping data, (herein referred to as "Content"), is either owned or administered by MapData Sciences Pty Ltd ("MDS") ACN 45 053 437 282 (for the purpose of this notice, MDS shall include MDS and its employees, servants, and agents) for and on behalf of, variously, the following:
   • MapData Sciences Pty Ltd;
   • The Public Sector Mapping Agencies (PSMA)
   • State Governments of New South Wales, Victoria, Queensland, Tasmania, South Australia, and Western Australia;
   • The Territory Governments of Australian Capital Territory and Northern Territory;
   • Land Information New Zealand
   • Statistics New Zealand
3. MDS does not warrant or make any representations regarding the accuracy, reliability, completeness, or correctness in relation to the Content presented on this Web site or any associated Web sites. Licensee accepts sole responsibility and risk associated with the use and results of information contained in this Web site or any associated Web sites.
4. In no event shall MDS be liable for any loss or damages, including special, indirect, or consequential damages, however caused, which may arise from or in connection with the use or performance of MDS Data or Materials used for this service or Content contained on this Web site or any associated Web site. Further, the State, Territory, and Commonwealth Governments of Australia and PSMA Australia Limited do not make any representations or warranties about the Data acquired hereunder regarding accuracy, reliability, completeness, or suitability for any particular purpose and, to the extent permitted by law (but subject to any liability that cannot be excluded under the Trade Practices Act 1974 and equivalent State and Territory legislation), the above government bodies disclaim all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage), and costs that might be incurred as a result of the Data acquired hereunder being inaccurate or incomplete in any way and for any reason.
5. If Licensee cannot comply with or does not agree with all the terms and conditions of the above disclaimers, do not use this Web site or access MDS Data.

This page outlines restrictions for using NAVTEQ data. Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions
If Licensee's access to Service(s) includes Third-Party Data owned and provided by NAVTEQ North America LLC (NAVTEQ), then Licensee's use of NAVTEQ Data shall be subject to the following terms and conditions:

1. General Terms
   In no event shall NAVTEQ Data be used to provide dynamic or real-time route guidance directions and/or alerts, including, without limitation, derived locations pursuant to a request for roadside assistance, automatic collision notification and reporting triggered by an accident, and notification that an asset or person has breached the boundary or perimeter of a defined geographic area, or Route Optimization through the Service(s) or otherwise. For the purposes of this Addendum, Route Optimization means calculating the order of destinations, waypoints, and or routes thereto for people, devices, and or transportation means, based on availability, positioning, and/or routing of at least one other person, device, or transportation.
   
   In no event shall the Points of Interest (POI) data (i.e., business listings) included in any NAVTEQ Data be used for sales lead generation where sales lead generation means an application specifically designed to generate sales lead information in the form of ASCII or other text-formatted lists of category-specific business listings that (i) originate from the NAVTEQ Data and (ii) include complete mailing addresses for each business. Sales lead generation shall not include any application permitted hereunder where mailing addresses or phone numbers are provided in bitmap graphic images or in another nontext form.
   
   Restrictions against sales leads. When utilizing NAVTEQ Data known as NAVTEQ Premium POI, POIs included in the NAVTEQ Data for North America may not be used to generate sales lead information in the form of ASCII or other text-formatted lists of category-specific business listings that (i) include complete mailing address for each business and (ii) contain a substantial portion of such listings for a particular county, city, state, or ZIP Code region, provided however, that the foregoing restriction shall not include any application where mailing addresses or phone numbers are provided in a bitmap graphic image or in another nontext format.
2. Canada
   The following provisions apply to NAVTEQ Data for the coverage area of Canada, which may include or reflect data from third-party licensors ("Third-Party Data"), including Her Majesty the Queen in Right of Canada ("Her Majesty") and Canada Post Corporation ("Canada Post"):
   1. Disclaimer and Limitation: Licensee use of the Third-Party Data is subject to the following provisions:
      1. Disclaimer: The Third-Party Data is licensed on an "as is" basis. The licensors of such data, including HER MAJESTY AND CANADA POST, make no guarantees, representations, or warranties respecting such data, either express or implied, arising by law or otherwise, including, but not limited to, effectiveness, completeness, accuracy, or fitness for a particular purpose.
      2. Limitation on liability: The Third-Party Data licensors, including Her Majesty and Canada Post, shall not be liable (a) in respect of any claim, demand, or action, irrespective of the nature of the cause of the claim, demand, or action alleging any loss, injury, or damages, direct or indirect, which may result from the use or possession of such data, or (b) in any way for loss of revenues or contracts or any other consequential loss of any kind resulting from any defect in the data.
   2. Copyright Notice: In connection with each copy of all or any portion of the NAVTEQ Data for the coverage area of Canada, Licensee shall affix in a conspicuous manner the following copyright notice on at least one of the following: (i) the label for the storage media of the copy, (ii) the packaging for the copy, or (iii) other materials such as user manuals or end user license agreements: "This data includes information taken with permission from Canadian authorities, including © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post, GeoBase®."
   3. The LICENSED data may include or reflect data of licensors, including Her Majesty AND CANADA POST. Such data is licensed on an "as is" basis. The licensors, including Her Majesty AND CANADA POST, make no guarantees, representations, or warranties respecting such data, either express or implied, arising by law or otherwise, including, but not limited to, effectiveness, completeness, accuracy, or fitness for a particular purpose.
      
      The licensors, including Her Majesty AND CANADA POST, shall not be liable in respect of any claim, demand, or action, irrespective of the nature of the cause of the claim, demand, or action alleging any loss, injury, or damages, direct or indirect, which may result from the use or possession of the data or the LICENSED data. The licensors, including Her Majesty AND CANADA POST, shall not be liable in any way for loss of revenues or contracts or any other consequential loss of any kind resulting from any defect in the data or the LICENSED data.
      
      End User shall indemnify and save harmless the licensors, including Her Majesty, the Minister of Natural Resources, and Canada Post, and their officers, employees, and agents from and against any claim, demand, or action, irrespective of the nature of the cause of the claim, demand, or action, alleging loss, costs, expenses, damages, or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Licensed Data.
3. European Supplier Terms
   The following provisions apply to the NAVTEQ Data for and to the extent indicated respecting any territory including any country of Europe, which may include or reflect data from third-party licensors:
   1. OS Enforcement. With respect to NAVTEQ Data for the territory of Great Britain, Licensee acknowledges and agrees that the Ordnance Survey ("OS") may bring a direct action against Licensee to enforce compliance with the OS copyright notice (see Section 4 below).
   2. Traffic Codes. The following provisions apply to the grant of license for use of NAVTEQ Data that includes Traffic Codes.
      1. General Restrictions Applicable to Traffic Codes. Licensee acknowledges and agrees that in certain countries of the Territory of Europe, Licensee shall be responsible for obtaining rights directly from third-party RDS-TMC code providers to use the Traffic Codes in the Data and to deliver to end users information, data, applications, products, and/or services in any way derived from or based on such Traffic Codes.
      2. Display of Third-Party Rights Legend for Belgium. Licensee shall, for each provision of information, data, applications, products, and/or services that uses Traffic Codes for Belgium, provide the following notice to the End User: "Traffic Information is provided by the Ministerie van de Vlaamse Gemeenschap and the Ministèrie de l'Equipement et des Transports."
4. Third-Party Notices
   Any and all copies of the NAVTEQ Data and/or packaging shall include the respective Third-Party Notices set forth below and used as described below corresponding to the territory (or portion thereof) included in such copy:
   

   Territory	Notice
   Austria	© Bundesamt für Eich- und Vermessungswesen
   France	The following notice must appear on all copies of the Data and may also appear on packaging: "source: Géoroute® IGN France & BD Carto® IGN France"
   Germany	"Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen" or "Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen."
   Great Britain	Until 12/31/05: "Based on Ordnance Survey electronic data and used with the permission of the Controller of Her Majesty's Stationary Office © Crown Copyright, 1995." After 12/31/05: "Based upon Crown Copyright material."
   Italy	"La Banca Dati Italiana è stata prodotta usando quale rifermento anche cartografia numerica ed al tratto prodatta e fornita dalla Regione Toscane."
   Norway	"Copyright © 2000; Norwegian Mapping Authority"
   Portugal	"Source: IgeoE-Portugal"
   Spain	"Información geográfica propiedad del CNIG"
   Sweden	"Based upon electronic data © National Land Survey Sweden."
   Switzerland	"Topografische Grundlage: © Bundesamt für Landestopographie."

5. Gaming
   The Data may not be used for or with a software application involving a predefined set of rules and goals built for End-User participation, focused primarily on competition and/or amusement ("Game") that uses the Data in the operation of a Game.
6. When using Address Manager End Users or Developers may store geocoded results generated in connection with Geocoding Service transactions and Reverse Geocoding Service transactions ("Stored Geocodes") provided, however, the following restrictions apply to Stored Geocodes: (i) the geocoded results may not be used with any geographic street map data from direct competitors of Supplier (except for use with world view at 1:250000; (ii) the End User or Developer may not in any way sublicense or distribute the geocoded results to any third party; and (iii) the geocoded results may not be used for Web crawling, search engines such as yellow pages, or product or consumer-based Web sites (except that an End User may utilize the location of their own assets, such as store locations, for determining geographic information.)
7. Government End Users
   If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, [insert "NAVTEQ Data" or such other name that Client uses specifically to refer to NAVTEQ Data] (hereinafter "Data") is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with [insert the name of the terms/conditions in which this notice is included], and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use," and shall be treated in accordance with such Notice:
   NOTICE OF USE
Contractor (Manufacturer/ Supplier) Name: NAVTEQ
Contractor (Manufacturer/Supplier) Address: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654

These [insert "NAVTEQ Data" or such other name that Client uses specifically to refer to NAVTEQ Data] are commercial items as defined in FAR 2.101 and are subject to [insert the name of the terms/conditions in which this notice is included] under which this data was provided.

© 200X NAVTEQ-All rights reserved.
   If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the Data.

Please review the ArcWeb Services Subscription Agreement [PDF] (G-560) or E200 of your Master License Agreement [PDF] for complete licensing terms for ArcWeb Services.

Restrictions

1. If Subscriber utilizes Third-Party Data owned and provided by Tele Atlas North America, Inc. (TANA), as part of Subscriber's access to the Service(s), then Subscriber's use of TANA Data shall be subject to the following terms and conditions:
   1. Section B, Article 2 (c), Limitations is hereby supplemented to include the following:
      1. The use of TANA Data or its derivatives is strictly prohibited in any On-board Navigation System. For the purposes of this Addendum, an "On-board Navigation System" includes at least the following components installed in or on a vehicle: (a) storage medium to store at least a portion of the TANA Data or a certain database derived there from, (b) a gyroscope, and (c) a device to detect the wheel rotation of a vehicle.
      2. The use of TANA Data for routing capabilities is limited to a driving directions service that enables Subscriber to generate multipoint driving directions between user-defined locations utilizing ESRI software accessing TANA Data.
2. If Subscriber utilizes Third-Party Data owned and provided by TANA and Subscriber is accessing ArcWeb Services for Address Manager, Subscriber's use of TANA Data shall be subject to the following terms and conditions:
   1. Section B, Article 2 (c) Limitations, is hereby supplemented to include the following:
      1. Geocodes utilizing the TANA Data may be delivered in single or batch mode when associated with the Service(s).
      2. TANA Data utilized in the Service(s) may be used for the purpose of returning a list of geocodes.
      3. Geocoded results may be downloaded and stored onto Subscriber's computer for Subscriber's internal business use and only when utilizing the Service known as Address Manager.
      4. In no event shall the geocodes from the address point files be displayed with any street data other than TANA data.
      5. If Subscriber is an end user, Subscriber may not modify or create any derivative works of the TANA Data or the Service(s), except Subscriber may use the results of the Service(s) (e.g., the shapefile of a route, but not the underlying road network) for internal business or personal use only.
3. If Subscriber's access to ArcWeb Services includes Third-Party Data owned and provided by Tele Atlas North America, Inc. (TANA), Subscriber's use of TANA Data shall be subject to the following terms and conditions:
   1. Section A, Article 9, General Information of the Subscription Agreement, is hereby supplemented to include the following:
      1. TANA is a third-party beneficiary of ESRI's rights under this Subscription Agreement with Subscriber in order to enforce its intellectual property rights, but is not a party thereto and shall have no obligations thereunder.
      2. U.S. GOVERNMENT RIGHTS. If Subscriber is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States government, then use, duplication, reproduction, release, modification, disclosure, or transfer of this commercial product and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. Contractor/Manufacturer is Tele Atlas North America, Inc., 1605 Adams Drive, Menlo Park, California 94025; Telephone: 650-328-3825. The TANA Data is ©1984—2003 by Tele Atlas North America, Inc., and Tele Atlas N.V. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state, or local law, it is agreed that the products are a trade secret and a proprietary commercial product and not subject to disclosure.
      3. If Subscriber is an agency, department, or other entity of any state government, the United States Government or any other public entity, or funded in whole or in part by the United States Government, then Subscriber hereby agrees to protect the TANA Data as contained in the Service(s) from public disclosure and to consider the TANA Data as contained in the Service(s) exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Products. In the event such exemption is challenged under any such laws, this Addendum to the Subscription Agreement shall be considered breached and any and all right to retain any copies or to use any of the TANA Data as contained in the Authorized Derivative Services shall be terminated and considered immediately null and void. Any copies of the TANA Data as contained in the Authorized Service(s) held by Subscriber shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this Addendum to the Subscription Agreement shall be considered terminated and null and void, in its entirety, and any and all copies of the TANA Data in the Service(s) shall immediately be destroyed.
4. If Subscriber's access to the Service(s) requests TANA European Data, then the following conditions shall apply:
   1. The following terms shall apply if Subscriber accesses the TANA GB Data:
      1. All warranties of Ordnance Survey, whether express or implied, including, but not limited to, the implied warranties of noninfringement, merchantability, completeness, accuracy, and fitness for a particular purpose are hereby disclaimed and shall not apply. Subscriber acknowledges that Ordnance Survey makes no warranty and gives no representation that the TANA GB Data is complete, accurate, and/or up-to-date and is an essential condition of the Subscription Agreement and that Subscriber accepts the TANA GB Data on that basis.
      2. In no event shall ESRI, Ordnance Survey, or TANA have any liability to Subscriber with respect to Subscriber's use of the TANA GB Data.
      3. Subscriber may not use the TANA GB Data in any printed, published form that results in products being distributed freely or sold to the public without the prior permission of Ordnance Survey.
      4. Subscriber shall indemnify Ordnance Survey from and against all claims, demands, or actions, irrespective of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries (including injuries resulting from death) arising out of the use of the TANA GB Data.
5. The following term shall apply if Subscriber accesses the TANA Data of Denmark:
   1. Subscriber is prohibited from using the TANA Data of Denmark to create maps within telephone books, or other products similar to telephone books (e.g., directories), including such products in digital form.
6. The following term shall apply if Subscriber accesses the TANA Data of Norway:
   1. Subscriber is prohibited from using the TANA Data of Norway to create general-purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority. (Any Derivative Product of the TANA Data of Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such Derivative Product has a regional or national coverage, and at the same time has a content, scale, and format similar to the basic national products of the Norwegian Mapping Authority.)
7. The following term shall apply if Subscriber accesses the TANA Data of Poland:
   1. Subscriber is prohibited from using the TANA Data of Poland to create commercial printed maps or map products.
8. If Subscriber is a Developer providing Web-enabled applications for Subscriber's customers and Subscriber is accessing TANA Data, the following terms shall apply:
   1. Subscriber is granted the right to use the Service(s) only for the purpose of creating Derivative Product(s) that shall not remove or disengage the Data from the Service(s), and for no other purpose unless otherwise agreed to by TANA.
   2. Subscriber shall notify ESRI immediately if Subscriber learns of any misappropriation, unauthorized use, or public disclosure of the Service(s) or TANA Data and Subscriber shall cooperate with ESRI's efforts to prevent such misappropriation, misuse, or public disclosure.
   3. If the Service(s), TANA Data, or any portion thereof are modified, merged, or combined into or with any software, hardware, other programs, or other data, such modifications, mergers, or combinations shall continue to be subject to the provisions of this Subscription Agreement, and TANA retains ownership of its spatial map database contained in the Service(s) or TANA Data and all such portions.
   4. In no event may Subscriber translate and/or convert the TANA Data into another data format.
   5. In no event shall Subscriber (a) extract data from the TANA Data or the Service(s) in any digital, vector-based form; (b) deliver any TANA Data in its original form to any third party, but may only combine the TANA Data with substantial added value to create the authorized ArcWeb Service(s); (c) use the TANA Data to provide any competitive information about TANA or the TANA Data to any third parties; (d) create Derivative Products that compete with the TANA Data; or (e) create Derivative Products other than the specific authorized ArcWeb Service(s).
   6. Subscriber may not provide access to the Data other than through the Service(s).
   7. Subscriber agrees that attributes in the TANA Data of (a) Functional Road Class, Speed Category, Access Restrictions and Conditions, Internal Intersections Links, Maneuvers, Indescribable Links, Special Explication, and House Number Ranges, shall be used by the Service(s) for calculation purposes only, and such attributes may not be displayed or otherwise disclosed to end users, consumers, or any third party, provided, however, that specific house numbers may be derived from House Number Ranges and displayed to end users and/or consumers to identify correlating locations satisfying search queries of such end users and/or consumers; and (b) TANA Data attributes of Sign Text may only be displayed or otherwise revealed in connection with a specific route for which driving directions and/or route guidance is provided to an end user and/or consumer.
   8. Subscriber may not disclose, sublicense, distribute, transmit, or in any manner otherwise provide the TANA Data to Navigation Technologies, Inc. (NAVTEQ).
   9. This Agreement may terminate twelve months after any termination of the ESRI/TANA Agreement concerning the use of the TANA Data hereunder.
   10. Subscriber must destroy (and provide certification of such destruction) or return to ESRI all copies of the TANA Data that Subscriber is in the possession or control of upon termination or expiration of this Subscription Agreement.