SPECIAL TERMS FOR USE OF AMAZON INFRASTRUCTURE

Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953

1. DEFINITIONS

1.1 "Public Software" means any software, documentation, or other material that contains or is derived (in whole or in part) from any software, documentation, or other material that is distributed as , software (e.g., Linux) or similar licensing or distribution models including, but not limited to, software, documentation, or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (a) the GNU General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License; (b) the Artistic License (e.g., Perl); (c) the Public License; (d) the Public License; (e) the Sun Community Source License (SCSL); (f) the Sun Industry Standards License (SISL); (g) the BSD License; and (h) the Apache License.

2. LIMITATIONS

2.1 Licensee will comply with any Documentation (including technical and operational specifications) provided or made available with respect to the Web Services used by Licensee. Esri reserves the right to update or modify the Documentation at any time. If Licensee's use falls outside such Documentation, Esri will notify Licensee in writing, and Licensee will use commercially reasonable efforts to resolve the issue. In the event that Licensee cannot satisfy the Documentation, Esri may terminate the Terms of Use as set forth in Article 10.

2.2 Licensee may not use, and may not authorize others to use, any Public Software in connection with Web Services in any manner that requires, pursuant to the license applicable to such Public Software, that any Web Services be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients.

2.3 Licensee will be solely responsible for the development, operation, and maintenance of Licensee's content and for all materials that appear on or in any of Licensee's content. Licensee agrees that it shall, without limitation, be solely responsible for the following:

2.3.1 The appropriateness of any Licensee content; and

2.3.2 Where applicable, ensuring that Licensee content accurately and adequately discloses, either through a privacy policy or otherwise, how Licensee collects, uses, stores, and discloses data collected from others, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

2.4 Licensee will provide information and/or other materials related to Licensee content as reasonably requested by Esri to verify Licensee's compliance with these Terms of Use. Esri may crawl or otherwise monitor the external interfaces of any Licensee content, and may authorize others to do so, solely for the purpose of verifying compliance with these Terms of Use. Licensee will not seek to clock or otherwise interfere with such crawling or monitoring (and Esri or its designees may use technical means to overcome any methods used in Licensee content to block or interfere with such crawling or monitoring activities). If Esri has identified problems that it suspects in its reasonable opinion may be attributable to Licensee content, it shall so notify Licensee, and Licensee and Esri will reasonably cooperate with each other to identify the source of the problems. Such efforts may include, without limitation, Licensee furnishing a copy of applicable information to Esri for the purpose of verifying its compliance with these Terms of Use.

3. LIMITATION OF LIABILITY

3.1 Except as expressly described in the Service-Level Agreement described in Section 4.3 herein, Esri and its affiliates shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Licensee or any Licensee customer may incur as a result of any Service Suspension.

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4. SERVICE SUSPENSION

4.1 Service Availability. Esri and its affiliates do not make any representations or guarantees regarding uptime or availability unless specifically identified in the Service-Level Agreements described in Section 4.3 herein.

4.2 Service Interruption. Licensee's access (including access on behalf of Licensee's customers) to and use of Web Services may be suspended, without prior notice, for any unanticipated or unscheduled downtime or unavailability of all or any portion of Web Services for any reason, including system failure or other events beyond the reasonable control of Esri or its affiliates. Esri and its affiliates shall be entitled, without any liability to Licensee, to suspend access to any portion or all of Web Services at any time on a service-wide basis (a) for scheduled downtime to conduct maintenance or make modifications to Web Services, (b) in the event of a threat or attack on Web Services (including a denial-of-service attack) or other event that may create a risk to the applicable part of Web Services, or (c) in the event that Esri or its affiliates determine that Web Services (or portions thereof) are prohibited by law or otherwise that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). Esri and its affiliates will make reasonable efforts, circumstances permitting, to (a) provide e-mail notice of any Service Suspension and (b) perform any maintenance during times scheduled and for a duration designed to minimize impact to users of the relevant service.

4.3 Service-Level Agreements. The Service-Level Agreements currently located at http://aws.amazon.com/ec2-sla/ and http://aws.amazon.com/s3-sla/, which may be updated by Esri or its affiliates from time to time, are hereby incorporated into and made part of this Agreement.

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