ESRI
SITE LICENSE AGREEMENT
ESRI Contract No. 2000U1992
This Software Site License Agreement ("Agreement") is entered into as of the Effective Date, between Environmental Systems Research Institute, Inc. ("ESRI"), a California corporation with principal place of business located at Redlands, California, and the State University of New York ("SUNY"), with a principal place of business located at State University Plaza, Albany, NY 12246.
WHEREAS, ESRI owns, or has licensed from the owner(s), copyrights and other rights to the Software;
WHEREAS, SUNY desires to receive a non-exclusive license to use such Software at the Participating Institutions; and
WHEREAS, ESRI is willing to grant such non-exclusive license to SUNY on the terms and conditions set forth below;
NOW, THEREFORE, the parties agree as follows:
Affiliated Institutions: State University Construction Fund, the Research Foundation of the State University of New York, and the Nelson A. Rockefeller Institute of Government, and educational opportunity centers and other organizations, such as campus-related foundations and auxiliary service corporations located at SUNY facilities and which directly support the mission of the SUNY institutions.
Authorized Duplicates: Duplicate copies of the Programs consistent with the rights granted to SUNY under this Agreement.
Authorized User: Any SUNY employee, faculty member, or student, and any volunteer or agent performing work for SUNY’s benefit at a PI or an Affiliated Institution.
Documentation: All printed and digital materials, including, but not limited to, user documentation, training documentation, or technical information and briefings supplied under this Agreement.
Effective Date: March 1, 2001
ITEC: The Information Technology Exchange Center of the State University of New York.
Licensed Processor: Equipment (Processor) configuration under the control of SUNY or an Authorized User.
Master Copies: Master copies of the Software, Data, and Documentation identified in Attachment A, provided to SUNY by ESRI.
Participating Institution (PI): An institution of SUNY listed on Attachment B which has signed a Participating Institution Agreement.
Programs: Any and all copies of the Software, Data Sets(s) or Related Materials licensed hereunder.
Related Materials: All of the printed materials delivered inclusive of online or hard-copy documentation, user documentation, training documentation, sample data, confidential support activation code, media, and hardware key(s), as supplied by ESRI for use with ESRI Software.
Replacements: Updates and upgrades to existing Software. Not New Titles.
Services: Standard services as ESRI generally provides to customers.
Site License: A non-exclusive, non-transferable license to use the Software listed in Attachment A on any and all Licensed Processors.
Software: The actual copy of all or any portion of ESRI’s proprietary GIS software technology, computer software code, components, dynamic link libraries (DLLs), and programs delivered on any media including, but not limited to, alpha, beta, prerelease, restricted version(s), or final commercial release provided in source, object, or executable code format(s), inclusive of backups, updates, or merged copies permitted hereunder or subsequently supplied under this Agreement, for which SUNY is granted a license or sublicense pursuant to this Agreement
a. Subject to the terms of this Agreement, ESRI grants SUNY a non-transferable, non-exclusive Site License to
i. use the Programs only at the PI’s for research and instruction by Authorized Users, as described in Exhibit 1 hereto, and in accordance with the applicable documentation provided by ESRI. At no additional License fee, the Affiliated Institutions are entitled to the benefits of use under this Site License, provided that such participating Affiliated Institutions agree in writing to be bound in such usage by the terms and conditions of this Agreement, thereby becoming a PI;
ii. grant an unlimited number of sublicenses of the Programs for use by the PI’s in accordance with the applicable documentation and the Participating Institution Agreement set forth on Attachment C. Each PI may access the Programs from a central SUNY server farm and/or implement servers on campus, as well as distribute CD’s to Authorized Users. Authorized Users may install the Programs on (1) their workstations at work, (2) their workstations at home, and (3) their portable (i.e., laptop) computers, as well as access the Programs on line from a Licensed Processor. If the Authorized User is a student, SUNY shall maintain Programs accessible by students with their personally-owned computers under Keyserver control, or under the control of software of comparable functionality
iii. make Authorized Duplicates, provided that such Authorized Duplicatesare used only at the Participating Institutions. Any copies of the Programs made in violation of this Agreement shall be deemed copyright infringement. SUNY may install the Programs onto, and use the Programs on, any Licensed Processor; and
iv. use both the prior version of the Programs and the Replacements.
b. SUNY shall maintain complete records that set forth all Participating Institutions and the date on which the Programs were first deployed at a Participating Institution. SUNY shall provide ESRI with copies of all such records within 90 days of request from ESRI. Such request shall not be made more often than once during each calendar year.
c. ESRI and its licensor(s) own and retain all exclusive right, title and interest in and to the Software, Documentation, and all trademarks, service marks or tradenames associated with the Programs (the “Trademarks”), including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Except as expressly granted herein, ESRI does not grant to SUNY any right or license, either express or implied, in the Software, Data, Documentation or Trademarks.
d. SUNY shall use the same efforts as it uses to protect its own proprietary information to prevent unauthorized execution, use, copying, transmission, disclosure and dissemination of the Programs by its Authorized Users. Access and use of any secure ESRI Web site resources made available to SUNY is for SUNY’s internal use only, provided that SUNY follows any and all of ESRI’s terms of use policy specified therein. All password or controlled access information provided by ESRI shall be treated as ESRI confidential information. Should SUNY's best efforts fail to prevent unauthorized execution, use, copy transmission, disclosure and dissemination of the Programs, ESRI shall immediately notify SUNY of the violation. SUNY shall stop execution of the Programs on the SUNY processor where the violation occurred and remove the Programs from such processor.
e. ESRI shall deliver to SUNY at the ten (10) delivery sites designated by SUNY in Attachment D one Master Copy of each of the Programs listed in Attachment A. SUNY shall be responsible for copying the software media and installing the Programs in accordance with this Agreement.
Restrictions
a. Under no circumstances shall SUNY
i. distribute or allow others to distribute copies of the Programs , in whole or in part, including, but not limited to, extensions, components, or DLLs without the prior written approval of ESRI.
(1) outside of the PI, and
(2) to any person who is not an Authorized User at a PI;
ii. provide, lend, sell, lease, time-share, or act as a service bureau or Application Service Provider (ASP) that allows third party access to the Programs except as provided herein; or transfer, in whole or in part, access to prior or present versions of the Programs, any updates, or SUNY’s rights under this Agreement; or use the Programs for commercial purposes;
iii. remove or allow others to remove the Master Copies or any copies from the PI, except as expressly permitted by this Agreement;
iv. use, modify, or copy the Software except as expressly permitted by this Agreement, or as permitted by ESRI in writing;
v. decompile, disassemble, or otherwise reverse engineer the Programs, or attempt to discover any source code, underlying ideas, underlying design techniques, underlying user interface techniques or algorithms of the Software or allow any other party to do the same; or
vi. remove or obscure any ESRI or its licensor(s) patent, copyright, trademark, or proprietary rights notices contained in or affixed to the Programs.; or
vii. make any attempt to circumvent the technological measure(s) (e.g., License Manager, etc.) that controls access to or use of the Programs, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction.
b. U.S. Government Use: The Software is deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227-7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the software and accompanying documentation by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
Orders under this Agreement shall be initiated by SUNY and reference the State of New York, Comptroller Contract number assigned to this Agreement. Orders may not contradict the terms and conditions of this Agreement unless accepted in writing by SUNY and ESRI.
a. Technical Support: SUNY shall provide all technical support with respect to the Software requested by PI’s, subject to ESRI’s generally applicable technical support policies, as they may be revised from time to time, provided SUNY remains current on its payment of the annual License Fee. SUNY may nominate up to twenty-one (21) persons knowledgeable in the operation and use of the Software who shall be authorized to contact ESRI support personnel for technical support. SUNY’s authorized support contacts are identified in Attachment D as the GIS Specialists. Such authorized individuals shall seek technical support from ESRI's support personnel in accordance with such guidelines and procedures as ESRI may establish from time to time and provide to its customers. ESRI support personnel shall use reasonable efforts to promptly respond to requests for technical assistance.
b. Upgrades: During the general commercial release, ESRI will deliver to SUNY at the delivery sites designated by SUNY in Attachment D one (1) upgrade package for each of the Programs included in the site license.
c. Virtual Campus: SUNY shall receive an annual four hundred (400) seat ESRI Virtual Campus Education Subscription that gives access to all asynchronous, auto-attended Virtual Campus courses authored by ESRI. Unused seats will be forfeited at the end of each term.
a. License Fee: In consideration of SUNY's receipt of the Site License, SUNY shall pay to ESRI an annual fee equal to $2,000 per PI plus $0.64 per student FTE based on the total student FTE at all PIs. This calculation shall be based on the PIs as of July 1 each year. Notwithstanding the above, in no event shall SUNY’s annual license fee to ESRI exceed $100,000.
b. Annual Maintenance Fee: There is no additional fee for ESRI's provision of maintenance as set forth in Section 5 above, during the periods for which SUNY subscribes to a Site License, and remains current on its payment of the annual License Fee.
c. Additional Products
i. SUNY may license any other ESRI products subject to terms mutually agreeable to both parties and provided that such terms are at least as advantageous as those offered by ESRI to similar customers.
ii. In addition to the pricing described herein, ESRI may from time to time offer special allowances by the way of grants, special discounts, quotations, and special pricing to SUNY. SUNY shall have the option to acquire access to additional products under these allowances if more favorable than the terms described herein.
d. Notice of Price Increases
ESRI shall notify SUNY by December 31 of each year of any increases in prices for annual recurring costs (not license fee), such as increases for maintenance and software support charges, that shall become effective in the coming SUNY fiscal year beginning July 1 and running through June 30.
e. Delivery Charges
Delivery of Products shall be FOB destination, however SUNY agrees to pay for all reasonable costs of shipping, insurance in transit, and rigging. ESRI shall prepay these charges and then invoice SUNY for these charges. ESRI shall be notified in writing if SUNY elects to provide its own insurance or be self-insured.
All invoices as a result of this Agreement shall be paid in accordance with Article XI-A of the New York State Finance Law.
Taxes: SUNY certifies that as a public institution of the State of New York, it is currently exempt from excise, use and sales tax; if this situation should change in the future, SUNY agrees to reimburse ESRI for any applicable sales and use taxes.
a. Initial: The initial term of this Agreement shall commence on March 1, 2001, and end on August 1, 2006, unless terminated earlier pursuant to the terms set forth in Section 10 below. The first contract “year” shall be from March 1, 2001, through July 31, 2002. Thereafter, each contract year shall be from August 1 through July 31 of the following year.
b. Renewal: This Agreement may be extended for one additional five (5) year term at the option of SUNY, and subject to the approval of the New York State Comptroller.
a. ESRI or SUNY has the right to terminate this Agreement in whole or in part and any orders hereunder if
i. the other party assigns this Agreement or any of its rights hereunder, except as provided in this Agreement
ii. the other party makes an assignment for the benefit of creditors; or
iii. a receiver or similar officer is appointed for the other party or for a substantial part of the other party's property.
b. SUNY or ESRI may terminate this Agreement if the other party neglects, fails to perform, or observe any of the material terms of this Agreement and such condition is not remedied within forty-five(45) days after written notice thereof has been given to the nonperforming party.
c. Upon termination by either SUNY or ESRI, SUNY shall cease to use the Software and shall certify in writing to ESRI that it has done so.
a. ESRI will defend and indemnify SUNY against any claim that Software furnished and used within the scope of this Agreement infringes a United State copyright or patent, provided that
i. SUNY notifies ESRI in writing within 30 days of the claim;
ii. ESRI has sole control of the defenses and all related settlement negotiations; and
iii. SUNY provides ESRI with the assistance, information, and authority necessary to perform the above. Reasonable out-of-pocket expenses incurred by SUNY in providing such assistance shall be reimbursed by ESRI.
b. ESRI shall have no liability for any claim of infringement based on
i. use of a superseded or altered release of Software if such infringement would have been avoided by the use of a current unaltered release of the Software that ESRI provides to SUNY; or
ii. the combination, operation or use of any Software furnished under this Agreement with programs or data not furnished by ESRI if such infringement would have been avoided by the use of the Software without such programs or data.
c. In the event the Software is held or believed by ESRI to infringe, ESRI shall have the option, at its expense, to
i. modify the Software to be noninfringing;
ii. obtain for SUNY a license to continue using the Software; or
iii. terminate the license for the infringing Software and refund the license fees paid for that Software for the period of time that has not expired but for which fees were paid. This section states ESRI’s entire liability for infringement.
a. Program Warranties: ESRI warrants that the unmodified Software will perform substantially in accordance with the published Documentation for a period of ninety (90) days from the latter of the date of keycode issuance or date of delivery of the Software, Data, or Documentation to SUNY.
b. Media Warranty: ESRI warrants the tapes, diskettes or other media to be free of defects in materials and workmanship under normal use for 90 days from the date of keycode issuance or date of delivery of the Software, Data, or Documentation to SUNY.
c. Limitation on Warranties: The warranties above are exclusive and in lieu of all other warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, noninterference, system integration and noninfringement.
ESRI does not warrant that the Software will operate in combinations other than as specified in the Documentation, or that the functions contained in the Software will meet SUNY’s requirements, or that the operation of the Software will be uninterrupted or error-free, or that all nonconformities will be corrected.
This warranty does not cover any media or documentation that has been subjected to damage or abuse by SUNY.
ESRI is not responsible for problems caused by unauthorized changes in the operating characteristics of the Software after installation of the Software.
Pre-production releases of Software and computer-based training products are distributed "AS IS."
Data included in this Agreement has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. The Data may contain some nonconformities, defects, errors, or omissions. ESRI and its licensor(s) make no warranty with respect to the data. Without limiting the generality of the preceding sentence, ESRI and its licensor(s) do not warrant that the Data will meet SUNY’s needs or expectations, the use of the Data will be uninterrupted or that all nonconformities can or will be corrected. ESRI and its licensor(s) are not inviting reliance on these Data, and SUNY should always verify actual data including, but not limited to, map, spatial, raster, and tabular information.
e. Exclusive Remedies: For any breach of the warranties contained in this section, SUNY’s exclusive remedy, and ESRI’s entire liability shall be, at ESRI’s sole discretion:
i. For Software: The correction, repair or workaround for the Software errors that cause breach of the warranty, subject to the ESRI Support Services Policy, or if ESRI is unable to make the Software operate as warranted, SUNY shall be entitled to terminate the Software license and recover all fees paid to ESRI for the license for the inoperable title(s) from the date on which the problem occurred, provided that SUNY uninstalls, removes, and destroys all copies of the Software, Data, or Documentation that do not meet ESRI’s Limited Warranty, and executes and delivers to ESRI a Certification of Destruction in a form acceptable to ESRI.
ii. For Media: The replacement of defective media returned within 90 days of the Effective Date will be free of charge. Subsequently, ESRI will replace any media at SUNY’s expense.
a. Notwithstanding anything in this Agreement to the contrary, ESRI shall be liable for any personal injury and property damages arising directly from the negligence of ESRI, its officers, agents, and employees in connection with this Agreement or performance under this Agreement. Nothing herein shall be construed to impair or limit any right of SUNY or ESRI at any claim of offset, contribution, or compromise. ESRI's liability under this subparagraph shall be limited to actual damages.
b. In all situations involving performance or nonperformance of Software furnished hereunder, SUNY's remedy is
i. repair or replacement by ESRI (at ESRI’s sole option) of defective Software if notified by SUNY of the defect within the warranty period; or
ii. remedy, by ESRI of a nonconformance of Software to the applicable Software product description during the stated warranty period.
c. If ESRI fails to perform its warranty or service responsibilities, or if SUNY has any other claim related to the Programs licensed from ESRI, SUNY shall be entitled to recover only direct damages and only up to the limits set forth below.
d. ESRI’s entire liability to SUNY for any cause whatsoever shall be limited to one hundred thousand dollars ($100,000) or the actual damages that are the subject of SUNY’s claim, whichever is lower. This limitation shall apply regardless of the form of action whether contract or tort, including without limitation negligence.
e. In no event shall ESRI or its licensor(s) be liable to SUNY for costs of procurement of substitute goods or services; or for any indirect, special, incidental or consequential damages including loss of use of data or lost profits
f. These limitations will apply even if ESRI has been informed of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy in this Agreement.
SUNY hereby acknowledges that it shall not export any ESRI Products or technical data (e.g., any technical information relating to Products, written or otherwise), or any product incorporating Products or ESRI technical data, without first obtaining required U.S. Government export licenses. SUNY further acknowledges that it is knowledgeable about U.S. Government export licensing requirements or that it shall become so prior to engaging, directly or indirectly, in any export transaction involving Products or ESRI technical data.
a. Amendment: This Agreement may only be amended in writing, signed by both parties, and approved by the Attorney General of the State of New York and the Office of the State Comptroller.
b. Sublicense: SUNY may not sublicense the license granted as a result of this Agreement without the prior written consent of ESRI; any attempt to do so shall be void.
c. Notice: Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed to have been effectively given
i. immediately upon personal delivery or facsimile transmission to the parties to be notified;
ii. one (1) day after deposit with a commercial overnight courier with tracking capabilities; or
iii. three (3) days after deposit with the United States Postal Service, by registered or certified mail, postage prepaid to the respective addresses of the parties as set forth above.
d. Waiver: The waiver by either party of any default or breach of this Agreement or any right hereunder shall not constitute a waiver of any subsequent default or breach of this Agreement; nor shall any delay by either party to exercise any right under this Agreement operate as a waiver of any such right.
e. Severability: If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
f. Equitable Relief: SUNY agrees that any breach of this Agreement by SUNY may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, ESRI shall have the right to an injunction or other equitable relief in any court of competent jurisdiction to prevent violation of these terms.
g.. Governing Law: This Agreement shall be construed pursuant to the laws of the State of New York and the United States. To the extent that Electronic Commerce law is applicable, the restriction on reverse engineering is limited to prohibit such activity to the maximum extent without violating the Electronic Commerce Directive on the legal protection on computer programs.
h. Exhibits A and A-1: SUNY Exhibits A and A-1 are attached hereto and made a part hereof.
i. Entire Agreement: Both parties agree that this Agreement, including Exhibits A, A-1 and 1, and Attachments A, B, C and D, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement as of the dates set forth below.
Environmental Systems Research Institute, Inc. State University of New York
By: ____________________________________ By: _______________________________
Name: _________________________________ Name: __Peter D. Salins______________
Title: __________________________________ Title: ___Provost____________________
Date: __________________________________ Date: _____________________________
Approved as to form: Approved and filed:
STATE OF NEW YORK STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE STATE
COMPTROLLER
BY:______________________ BY:________________________
(AUTHORIZED SIGNATURE) (AUTHORIZED SIGNATURE)
________________________ __________________________
(TYPED OR PRINTED NAME) (TYPED OR PRINTED NAME)
TITLE:___________________ TITLE:_____________________
DATE:___________________ DATE:_____________________
Corporate Acknowledgement Form
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )SS.:
On this __________________ day of ______________, 2001___,
before me personally came ______________________________,
to me known, who being duly sworn, did depose and say that he/she is the
___________________________________________; of ESRI , the corporation described in and which executed the foregoing instrument; that he / she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, that it was so affixed by the order of the Board of Directors of said corporation, and that he / she signed his / her name thereto by like order.
___________________________________
Notary Public
EXHIBIT 1
Scope
of Use
|
ESRI® Software and Data |
Single Use License1 |
Concurrent Use License2 |
Server License3 |
|
ArcInfo™ |
ü4 |
ü |
|
|
ArcInfo Extensions |
ü4 |
ü |
|
|
ArcSDE™ Server5 |
|
|
ü |
|
ArcSDE Connections5 |
|
ü |
|
|
SDE® Server5 |
|
|
ü |
|
SDE Connections5 |
|
ü |
|
|
ArcIMS™ |
|
|
ü6 |
|
ArcView® |
ü |
ü |
|
|
ArcView GIS |
ü |
|
|
|
ArcView Extensions |
ü |
|
|
|
ArcLogistics™ Route7 |
ü |
|
|
|
ü |
|
|
|
|
ArcCAD® |
ü |
|
|
|
Atlas GIS™ |
ü |
|
|
|
BusinessMAP® |
ü |
|
|
|
ArcPad™ 8 |
ü9 |
|
|
|
MapObjects® 10 |
ü |
|
|
|
NetEngine™ |
ü |
|
|
|
Data Sets11 |
ü |
|
|
1 "Single use license" means a license must be
dedicated for each single processing unit on the computer system(s) or
network(s) that have access and use rights to the Software, Data, or
Documentation.
2 "Concurrent use license" means a license that
permits a number of simultaneous/concurrent users as controlled by License
Manager to access and use the Software, Data, or Documentation.
3 "Server license" means the serverside Software that
resides on a per computer server basis and provides services to multiple users
in a client/server distributed computing environment.
4 Node-locked license (UNIX only) is a dedicated license that
allows the quantity of authorized network users to use the software
concurrently on
one (1) computer.
5 Institute may use the
Software for Internet access provided that the source and object code are not
accessible to users of the application.
6 ArcIMS administration and management tools may be copied and distributed throughout the Institute's organization for its own internal use. Institute may establish a redundant server for failover operations in the event the primary site fails.
7 ESRI and its licensor(s)
grant Institute a nonexclusive, nontransferable, limited license to use, copy,
and prepare derivative works by
(a) Translating
"alroute.mld" (hereinafter "Dictionary") from the original
text in the English language;
(b) Editing Geographic Data Technology (GDT) Data included within ArcLogistics Route; and
(c) Adding Data (owned by Institute or others) to ArcLogistics Route Software.
The license grant is conditioned as follows:
(a) The
derivative works are for Institute's internal use only;
(b) ESRI and its licensor(s) retain all exclusive right, title, and interest in and benefits from the derivative works, except Data owned by Institute or others; and
(c) Institute expressly waives and relinquishes any and all ownership including, but not limited to, copyright, moral rights, or any other statutory or common law claims to the derivative works, except for Data owned by Institute or others.
Institute shall not translate, modify, or edit in any way the software name "ArcLogistics Route," software logo, any third party software, any text other than the Dictionary, or any Data other than GDT's.
The amount of Data used by Institute is limited by
Data credits purchased. Additional
license fees are required if ArcLogistics Route with Data is to be accessed by
more than one(1) ArcLogistics Route license.
8 ArcPad software is currently GPS-enabled for use with Trimble,
Magellan, and Ashtech brand GPS receivers within the territory of the United
States. Beginning one degree in
latitude and longitude outside any United States' territorial border, ArcPad
software is GPS-enabled for all compatible GPS receiver brands. ArcPad SOFTWARE IS NOT LICENSED FOR
NAVIGATIONAL USE OR FOR USE ON U.S. REGISTERED AND OPERATED VESSELS.
9 This is a "Dual Use License," meaning the Software may be
installed on a desktop computer and either a Personal Digital Assistant (PDA)
or handheld mobile computer.
10 Developers shall not deploy or allow to be deployed the MO20.LIC or
WEBLINK.LIC files or related updates.
Developers must attribute as follows:
"Portions of this computer program are owned by LizardTech, Inc.,
and are Copyright © 1995–1999 LizardTech, Inc., and/or the University of
California. All rights reserved. U.S. Patent No. 5,710,835."
11 Unless there is a statement to the contrary in the metadata, Institute
may use, copy, reproduce, publish, publicly display, or redistribute map images
derived from the Data in hard-copy or static, electronic formats (i.e., .gif,
.jpeg, etc.), provided that Institute affixes an attribution statement to the
map images acknowledging ESRI or its licensors as the source of the portions(s)
of the Data displayed, printed, or plotted.
General Note: Use of ESRI software, Data, or Documentation in an Application Service Provider (ASP) business model is subject to execution of a written ASP license agreement and the payment of the appropriate additional license fees.
ATTACHMENT A
The following is a complete list of ESRI products for which SUNY is licensed under this Agreement.
ArcInfo™
ArcEditor (when commercially
available)
ArcIMS™
ArcLogistics™
Route
ArcPad™
ArcPress™ for
ArcView® for UNIX
ArcPress for ArcView for Windows
ArcView 3D Analyst™ Extension for UNIX
ArcView 3D Analyst Extension for Windows
ArcView GIS 3 for Macintosh
ArcView GIS for UNIX
ArcView GIS for Windows
ArcView Image Analysis
ArcView Internet Map Server
for UNIX
ArcView Internet Map Server
for Windows
ArcView Network Analyst
Extension for UNIX
ArcView Network Analyst
Extension for Windows
ArcView Spatial Analyst
Extension for UNIX
ArcView Spatial Analyst
Extension for Windows
BusinessMAP® Pro
ESRI® Data
Package Master LAB KIT
Geostatistical Analyst
Extension for ArcInfo, ArcEditor and ArcView (when commercially available)
MapObjects®
MapObjects Internet Map
Server
NetEngine™
University Developer Kit
PC ARC/INFO®
Notes:
• ArcInfo
includes the following Software: Arc
Network™, Arc Tin™, Arc COGO™, Arc GRID™, ArcScan™,
ArcPress, ArcSDE™, ArcStorm™, and ArcFM™
Water.
• The ESRI Data
Package Master LAB KIT includes the following data sets: ArcUSA™, ArcWorld™,
ArcScene™ World Tour, Digital Chart of the World, and ESRI U.S.
Street Database.
ATTACHMENT B
CAMPUSES OF THE STATE UNIVERSITY OF NEW YORK
University Centers
Albany
Binghamton
Buffalo
Stony Brook
University Colleges
Brockport
Buffalo
Cortland
Empire State
Fredonia
Geneseo
New Paltz
Old Westbury
Oneonta
Oswego
Plattsburgh
Potsdam
Purchase
Health Science Centers
Brooklyn
Syracuse
Colleges of Technology
Alfred
Canton
Cobleskill
Delhi
Morrisville
Specialized Colleges
Environmental Sciense and Forestry
Farmingdale
Maritime College
Optometry
Utica/Rome
Statutory Colleges
Ceramics
Cornell College of Agriculture and Life Sciences
Cornell College of Human Ecology
Cornell College of Veterinary Medicine
Cornell School of Industrial and Labor Relations
Community Colleges
Adirondack
Broome
Cayuga County
Clinton
Columbia-Greene
Corning
Dutchess
Erie
Fashion Institute of Technology
Finger Lakes
Fulton-Montgomery
Genesee
Herkimer County
Hudson Valley
Jamestown
Jefferson
Mohawk Valley
Monroe
Nassau
Niagara County
North Country
Onondaga
Orange County
Rockland
Schenectady County
Suffolk County
Sullivan County
Tompkins Cortland
Ulster County
Westchester
Other
SUNY System
Administration
ATTACHMENT C
PARTICIPATING INSTITUTION AGREEMENT
Software License
ESRI Contract CM00XXX
Participating Institution (“PI”): _________________________________________
SUNY and ESRI Systems USA, Ltd. (“ESRI”) have concluded an agreement under which PI’s may obtain ESRI Software The above-named PI agrees to the following.
1. Adherence to ESRI Agreement: PI acknowledges that appropriate parties at the institution are familiar with and the institution agrees to comply with the terms and conditions as set forth in the SUNY-wide ESRI contract, CM00XXX. PI agrees to be bound by and comply with all terms and conditions of the ESRI/SUNY Agreement as applicable to PI’s.
2. Term: This Agreement shall take effect on the date of execution and shall remain in effect for the life of the ESRI/SUNY Agreement, unless terminated.
3. Contact Person: PI designates the following individual as the campus software coordinator for all activity under this Agreement. PI will immediately notify SUNY of any change in the designation of a coordinator.
Name:
Title:
Campus:
Street address:
City/State/Zip:
Phone:
Fax:
E-mail:
4. Software: PI is entitled to ESRI Software as specified in ESRI/SUNY Contract CM00XXX.
5. License Fees: PI is responsible for license fees for access to the Software described above. The annual license fee is $XXXX for each year in which PI participates.
6. Maintenance/Support: PI is required to subscribe to maintenance/support, through the designated SUNY-wide support facility.
7. Reports and Inspections: PI shall, promptly upon request, furnish to SUNY a listing of the locations and number of licenses installed, in accordance with the ESRI/SUNY Agreement. PI shall provide any other information reasonably requested by SUNY in connection with this Agreement.
8. For Statutory and Community Colleges Only: PI agrees to hold harmless and indemnify SUNY from and against any and all liability whether for property damage, personal injury (including death), patent or copyright violation or any other cause whatsoever as a result of PI’s use of products and services under this Agreement.
9. Affiliated Institutions: PI requests that the following campus organizations be considered Affiliated Institutions under this Agreement:
Participating Institution
__________________________________
By _______________________________
Title ______________________________
Date ______________________________
Return form to:
Mary Ann Corsetti
Director, Academic Business Services
Academic Finance & Administration
State University of New York
State University Plaza
Albany, NY 12246
518-443-5737 phone
518-443-5739 fax
ATTACHMENT D
Registered Client Information Profile
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Primary Contact: SUNY System Administration Name: Mary Ann Corsetti
Telephone: 518-443-5552 Fax No.: 518-443-5739 E-mail: corsetma@sysadm.suny.edu Mailing
Address: State University Plaza Albany, NY 12246
1) GIS Specialist: Ron Brown Dept.: ITEC Address: Buffalo State College Twin Rise 200 1300
Elmwood Avenue Buffalo, NY 14222-5018 Telephone: Fax No.: 2) GIS Specialist: Ray Bromley Dept.: Geography & Planning, Room ES213 Address: SUNY Albany 1400 Washington Avenue Albany, NY 12222 Telephone: 518-442-4766 Fax
No.: 3) GIS Specialist: Luke Willis Dept.: Comp. Cartographer, Geography Dept. Address: Binghamton University PO
Box 6000 Binghamton, NY 13902-6000 Telephone: 607-777-6115 Fax No.: 607-777-6456 |
4) GIS Specialist: Tao Tang Dept.: Asst. Professor, Geography & Planning Address: Buffalo State College 1300 Elmwood Avenue Buffalo, NY 14222 Telephone: 716-878-4138 Fax No.: 716-878-4009 5) GIS Specialist: Stephen D. Smith Dept.: GIS Program Leader Address: Cornell University, College of Agriculture & Life Sciences Rice Hall, Ithaca, NY 14853 Telephone: 607-255-0803 Fax No.: 607-255-4662 6) GIS Specialist: Darwin Gustavson Dept.: Computer Support Associate Address: SUNY Fredonia Central
Avenue Fredonia, NY 14063 Telephone: 716-673-3340 Fax
No.: 716-673-3405 7) GIS Specialist: James Greenberg Dept.: Director, TLTC Address: SUNY Oneonta Milne Library Oneonta, NY 13820 Telephone: 607-436-2701 Fax
No.: 607-436-2699 8) GIS Specialist: John Bradley Dept.: Sr. Staff Associate Address: Plattsburgh State University 101
Broad Street Plattsburgh, NY 12901 Telephone: 518-564-2435 Fax
No.: 518-564-5100 |
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9) GIS Specialist: Eric Johnfelt Dept.: Lead Programmer Analyst Address: SUNY Stony Brook Library Building Stony Brook, NY 11794-3350 Telephone: 631-632-9939 Fax No.: 631-632-9603 10) GIS Specialist: Dept.: Address:
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19) GIS Specialist: Dept.: Address:
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No.: 21) GIS Specialist: Dept.: Address:
Telephone: Fax
No.: Software Delivery: 1)
Ship Software to: Ron Brown ITEC Buffalo
State College Address: Twin Rise 200 Buffalo, NY 14222-1095 2)
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Address:
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