Terms of Use

TERMS OF USE AGREEMENT FOR THE ESRI ONLINE SUPPORT CENTER

Welcome to the ESRI Online Support Center (OSC). By accessing the OSC, you agree to be bound by this Terms of Use Agreement for the ESRI Online Support Center ("Terms of Use"). Use of or access to the OSC in any way (including, without limitation, use of any of the services, downloading or uploading of any materials, or merely browsing the OSC) shall constitute acceptance of and agreement to be bound by the provisions of these Terms of Use. ESRI reserves the right to change the provisions of these Terms of Use and our Privacy Statement at any time without notice to you. These Terms of Use comprise a legal agreement between you and Environmental Systems Research Institute, Inc.

IF YOU DO NOT ACCEPT THESE TERMS OF USE AND DO NOT WISH TO BE BOUND BY THIS TERMS OF USE AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE ESRI OSC OR TO USE THE INFORMATION ON THE ESRI OSC.

These Terms of Use contains policies and rules of conduct for the OSC, uploading materials, and participating in the User Forums community and the ESRI-L and ArcView-L list services. You may send questions or requests regarding permissions by clicking here.

Copyright � 1995-2009 Environmental Systems Research Institute, Inc. All rights reserved. Published in the United States of America.

ESRI is a registered trademark of Environmental Systems Research Institute, Inc. Other names appearing on this OSC may be trademarks of their respective owners.

All rights, title, and interest in and to the intellectual property rights in the OSC, including, but not limited to, any software, data, images, photographs, animations, video, audio, music, text, service packs, patches, technical support in response to requests, or other information available through the OSC, are the property of ESRI or its licensors.

ESRI may require certain member account information, configuration data, or other personally identifiable information to provide support through the OSC. ESRI will collect and use this information in accordance with our Privacy Statement. ESRI does not assume any obligation to protect confidential or sensitive information you provide through the OSC except as provided in the Privacy Statement and does not desire to obtain your confidential or sensitive information. If you engage in an online chat session with an ESRI support analyst and wish to engage in a screen sharing session, so that the ESRI support analyst can manipulate your desktop computer remotely, it is your responsibility to close out from your desktop any confidential or sensitive information that you do not wish the ESRI support analyst to view and to back up your data before proceeding.

You may use any software or data you download from the OSC subject to the terms and conditions of the ESRI License Agreement. You must click "I accept" on the license agreement prior to using the software and data. If you have a signed license agreement with ESRI, it may take precedence over the click-through license agreement. ESRI reserves all rights, title, and interest not expressly granted to you.

You may download, view, copy, and print documents and graphics available on the OSC solely for your own internal, noncommercial purposes. No part of this work may be reproduced or transmitted for commercial purposes, in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system now known or later developed, except as expressly permitted in writing by ESRI. The information contained in the OSC is subject to change without notice.

Some parts of the OSC may require you to create and use an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own. You agree to:

1. Immediately notify ESRI of any unauthorized use of your password or account or any other breach of security, and
2. Ensure that you exit from your account at the end of each session.

ESRI shall not be liable for any loss or damage arising from your failure to comply with this section.

ESRI reserves the right to monitor use of the OSC. ESRI requires that you follow the guidelines below when you participate in any public forum, discussion group, chat area, bulletin board, news group; upload scripts or code; communicate with ESRI, its webmaster, or employees; access e-mail offered as part of the OSC; or otherwise post information or content on the OSC. ESRI reserves the right to remove any communication or posting that violates the guidelines and to suspend or cancel your member account or access to the OSC at any time or take any other appropriate measures in our legal capacity to enforce the following guidelines. Once removed from the OSC for not following the guidelines, you may not be allowed to return.

• You must provide truthful and accurate information at all times when participating in the OSC. Using a false or incomplete name or e-mail address, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity will result in immediate removal of your member account and termination of OSC privileges
• You are expected to be courteous and professional. Abusive, disruptive, or rude language or images including personal attacks or offensive, defamatory remarks, including, but not limited to, libelous, racial, ethnic, or religious comments, will not be tolerated.
• Accounts on the OSC are for individual users, and the account's name and e-mail address must be specific to that user. OSC member accounts may not be shared with other users. Sharing member information or allowing others to access your account will result in removal of the member account.
• You are expected to focus on geographic information system (GIS)-related subjects when participating in the OSC.
• You shall not upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• You agree not to upload, post, e-mail, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• You agree not to upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• By uploading, posting, e-mailing, transmitting, or otherwise providing information to a public forum on the OSC, you automatically grant ESRI a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, perform, and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all moral rights that may exist in the content are waived.

The OSC has been produced for informational purposes as a service to ESRI end users and the GIS community. Any listing and/or posting of third-party promotional information and/or materials, including, but not limited to, any subpage(s), copy, software, scripts, and/or data, should not be construed as an endorsement by ESRI. Any further information and/or support for all third-party information and/or materials listed and/or posted herein are provided directly by the respective third party. Because the Internet is not a secure network, ESRI recommends that any materials downloaded from this home page be checked for computer viruses prior to use so as to avoid any potential damage to your system, software, and/or data.

THE INFORMATION AND/OR MATERIALS CONTAINED HEREIN ARE 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.

ESRI shall not be liable for direct, indirect, special, incidental, or consequential damages related to your decision to use any of the information and/or materials listed and/or posted on the OSC, even if ESRI is advised of the possibility of such damage.

You agree to indemnify and hold ESRI, its officers, directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims, expenses (including attorneys' fees), demands, or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in any way connected with your use of the OSC.

You may not access, upload, download, use, or export the OSC, or the content, data, documentation, software, products, or services provided on the OSC in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and not to directly or indirectly provide or otherwise make available the services, information, data, technology, and products of ESRI in violation of any such restrictions, laws, or regulations, or without all necessary approvals. Specifically prohibited is the use of any services, information, data, or technology of ESRI for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of ESRI outside the United States. Neither the services of ESRI nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) to any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.