The Client expressly accepts to be bound by and comply with the following means Environmental Systems Research Institute, Inc., a California corporation with a place of business at 380 New York Street, Redlands, California 92373-8100 USA (“Esri”) flow-down terms and conditions:
- To the extent permitted by applicable law, liability of Esri, Esri Nederland B.V., and its licensors’ is disclaimed for any damages or loss of any kind, whether direct, special, indirect, incidental, or consequential, arising from the use of Leidraad Viewer including, but not limited to, liability for use of Leidraad Viewer in high-risk activities or liability related to any commercially available digital dataset(s) including, but not limited to, geographic vector data, raster data reports, or associated tabular attributes that ESRI bundles with other ESRI offerings or delivers independently (“Data”) supplied by Esri.
- Users are required at the time of termination of the contractual relationship between Leidraad and Esri or use of Leidraad Viewer to (i) cease access and use of ArcGIS Online in Leidraad Viewer, and (ii) clear any client-side data cache derived from ArcGIS Online as part of the Leidraad Viewer offering.
- All Users are required 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/2343-part-744-control-policy-end-userand-end-use-based-2/file and https://www.bis.doc.gov/index.php/documents/regulations-docs/2347-744-supp-4-6/file); International Traffic in Arms Regulations (ITAR); and the United States Department of the Treasury, Office of Foreign Assets Control (OFAC) regulations, 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, Leidraad and any Users will provide Esri with information about Leidraad’s and Users’ export and distribution activities as may be required for Esri to meet its obligations under the United States export control laws and regulations.
- It is prohibited to remove or obscure any patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any ArcGIS Online, output, metadata file, or online or hard-copy attribution page of any Data with respect to ArcGIS Online.
- All terms in the master agreement that is found at https://www.esri.com/en-us/legal/terms/full-master-agreement (”Master Agreement”) included with ArcGIS Online. Esri and its licensors do not warrant that Data and ArcGIS Online will meet the User’s needs or expectations; that the use of Data, ArcGIS Online, and Leidraad Viewer will be uninterrupted; or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on Data in ArcGIS Online, and User should always verify actual Data in ArcGIS Online. Any warranty offered by Leidraad for Leidraad Viewer shall only apply between Leidraad and its Users. Esri does not offer any warranties or indemnities to User for the ArcGIS Online.
- Users are prohibited from using ArcGIS Online for any revenue-generating activities. The use of ArcGIS Online as part of the Leidraad Viewer offering is for the internal use of Users only for their exclusive benefit.
- Users are prohibited from using ArcGIS Online independently of Leidraad Viewer or in any other product or service.
- User is prohibited from storing, caching, using, uploading, distributing, or sublicensing content or otherwise using ArcGIS Online in violation of Esri’s or a third party’s rights, including intellectual property rights, privacy rights, nondiscrimination laws, export laws, or any other applicable law or regulation.
- It is prohibited to share login credentials of Leidraad’s User’s employee, agent, consultant, or contractor to whom Leidraad’s User has assigned a unique, secure login credential (identity) enabling access to Leidraad Viewer that requires such identity in order to access identity-managed capabilities within Leidraad Viewer for Leidraad’s User’s exclusive benefit. These are for designated User individuals only and may not be shared with other individuals. A license may be reassigned to another User if the former user no longer requires access to Leidraad Viewer.
Client shall also comply with any additional terms of use and use restrictions in the Master Agreement that may be applicable to ArcGIS Online as part of the Leidraad Viewer offering as authorized under the quote approved by Esri.
