Esri Early Adopter Community Terms of Use

ArcGIS Early Adopter Community
Terms of Use

ACCESS TO, USE OF, OR PARTICIPATION IN THE ArcGIS EARLY ADOPTER COMMUNITY WEBSITE AND ANY PROJECTS OR CONTENT IN ANY MANNER, INCLUDING MERELY BROWSING OR ACCESSING THIS ArcGIS EARLY ADOPTER COMMUNITY WEBSITE, CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE THOROUGHLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE ACCEPTING THEM. IN CASE OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO LEGALLY BIND YOUR ORGANIZATION TO THIS AGREEMENT, AND YOUR ORGANIZATION AND YOU INDIVIDUALLY WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THIS AGREEMENT.

IF YOU DO NOT ACCEPT THESE TERMS OF USE OR DO NOT WISH TO BE BOUND BY THEM, CEASE ACCESS AND USE OF THIS ArcGIS EARLY ADOPTER COMMUNITY WEBSITE, PROJECTS, AND CONTENT IMMEDIATELY. ESRI WILL ONLY PERMIT YOU TO ACCESS AND USE THE ArcGIS EARLY ADOPTER COMMUNITY WEBSITE UPON YOUR ACCEPTANCE OF THESE TERMS OF USE.

These Terms of Use comprise a legal agreement between you and Environmental Systems Research Institute, Inc. ("Esri"), a California corporation located at 380 New York Street, Redlands, California 92373-8100 USA. Unless you and Esri have otherwise agreed in writing, the terms and conditions provided herein govern your access and use of the ArcGIS Early Adopter Community website, Projects, and Content whether used in connection with other products or services or independent of them. Additional terms and conditions may apply (and will be presented to you) when accessing certain Projects. Use of other Esri products or services is subject to the appropriate written agreement or click-through license provided and are separate from these Terms of Use.

1. OWNERSHIP

The ArcGIS Early Adopter Community website and Projects and all related Content made available to you through them are subject to these Terms of Use. Esri and Providers own the ArcGIS Early Adopter Community website Content (unless otherwise stated), which is protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. Except as expressly stated herein, these Terms of Use do not transfer any rights to redistribute or prepare derivative works from or acquire any other ownership interest in the ArcGIS Early Adopter Community website, Projects, or Content.

2. DEFINITIONS

The following definitions apply to the interpretation of these Terms of Use:

"Beta Testing" means the process to validate the performance, quality, and reliability of all aspects of the Content by testing early releases (including any alpha, beta, or prerelease versions) of the software, geographic data, imagery, applications, or services in a wide variety of application environments prior to final release that includes, but is not limited to, testing and reporting by you.

"Content" means software, geographic data, imagery, applications, and services owned by Esri and its Providers made available through the ArcGIS Early Adopter Community website, and any communication or feedback among the parties related to Beta Testing and any Projects.

"Feedback" means suggestions or comments regarding performance, usability, or effectiveness; bug reports; test reports; or other feedback or information provided to Esri related to Projects and Beta Testing.

"Forum" means an online discussion site, chat area, bulletin board, or similar means of communication among ArcGIS Early Adopter Community participants, Esri, and you.

"Providers" means the third-party providers of Content including Esri's licensors, data and imagery providers, and service providers.

"Projects" means the specific computer software program or online services or other Content owned or controlled by Esri or licensed to you for the limited purpose of Beta Testing.

3. LICENSE GRANT AND RESTRICTIONS

3.1 Beta Testing Grant. You may use the ArcGIS Early Adopter Community website, Projects, and Content only for your internal purposes for testing and evaluation of Project Content. You may download, view, copy, and print Content for purposes of Beta Testing subject to the terms of the applicable Beta Site Agreement for the specific Project and the provisions of these Terms of Use. Esri may permit you to participate in certain Projects, but may deny your participation in other Projects. The Content may be freely available to you for participation in Beta Testing, but it is not in the public domain unless specified as such. These Terms of Use do not transfer any rights to redistribute, prepare derivative works from, or acquire ownership interest in the ArcGIS Early Adopter Community website, Projects, or Content.

3.2 Improper Use of ArcGIS Early Adopter Community Website. Any rights not granted herein or otherwise agreed to in writing between you and Esri are prohibited. In particular, you may not (or attempt to) (a) access Projects or Content not made available to you through a standard web browser or Esri products; (b) reverse engineer, decompile, access, or hack Esri Projects or Content not made readily available to you (without consideration given to how reasonable the means used are to keep such secure); (c) use Projects or Content in such a manner as to adversely affect Esri's commercial interests; (d) alter, obstruct, or remove any proprietary rights notices provided with Projects or Content; (e) manually or systematically harvest information contained within Projects or Content; or (f) use the ArcGIS Early Adopter Community website or any Project or Content for illegal, improper, or inappropriate purposes (including, but not limited to, defamation or harassment of others; abusive language; distribution of obscene or indecent material; stalking; or distribution of content in violation of the proprietary rights of others). You may not blog, disclose, or discuss any aspect of the Projects or Content using any other social media or any other means except as expressly permitted under the terms of a Beta Site Agreement or as permitted in an authorized Esri Forum on the ArcGIS Early Adopter Community website. You are not permitted to use the ArcGIS Early Adopter Community website, Projects, or Content in a production environment or for any commercial use. Any of the foregoing, whether merely attempted or successfully executed, is a material breach of these Terms of Use.

3.3 Trademarks and Logos. "Esri," the globe logo, and other marks used in this website are trademarks or registered trademarks of Environmental Systems Research Institute, Inc. Other names appearing on this Esri website may be trademarks or registered trademarks of their respective trademark owners. These marks may only be used where authorized by Esri or permitted by law. Any use not authorized by Esri shall be considered a material breach of these Terms of Use. Additional information regarding Esri's Copyrights and Trademarks may be found online.

Please visit Esri's Web Link and Logo License Agreement page for information on providing a link from your web page to Esri's.

3.4 Third-Party Data and/or Imagery Licensing Terms and Use Restrictions. Content provided by Esri websites (including the ArcGIS Early Adopter Community website) may contain third-party data and/or imagery. Use of third-party data and/or imagery may be subject to such third party's license agreement or additional use restrictions. Any applicable third-party license agreement may be found at https://www.esri.com/en-us/legal/overview. You are responsible for compliance with all applicable third-party license agreements. Third-party use restrictions may be provided with the data (such as with metadata) or under Esri's Use of Data Restrictions. The third-party license agreements and any applicable use restrictions may be modified by Esri from time to time, and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification to any third-party license agreement or use restrictions is unacceptable, you may cancel your access upon written notice to Esri or discontinue use of Content, as applicable. Continued use of Content will be deemed acceptance of any modifications.

3.5 Sharing Your Information in a Forum. In the event you elect to participate in an ArcGIS Early Adopter Community Forum with other participants, you may upload or publish your comments and share information as provided in the ArcGIS Early Adopter Community website subject to Section 4, Privacy and Personal Accounts. You are advised that information posted on the Forum is the opinion of the author and may be inaccurate, misleading, or deceptive. Esri is not responsible for the accuracy of any comments or information made available in the Forum, including, without limitation, errors or omissions in Forum comments and information or links, data, or imagery included or embedded in Forum information. Esri disclaims any liability with respect to the Forum and will not be liable for any loss or damage caused by your reliance on such comment or information posted to the Forum. You may not share information that is confidential to you or to Esri in any publicly accessible Forum, and you represent and warrant that you have the right to submit any comments or information that you publish to the Forum.

3.6 Grant of License to Esri. If accepted into a Project, you are required to provide Feedback as described in the ArcGIS Early Adopter Community website and pursuant to any applicable Beta Site Agreement for the Project. Projects and Feedback contain confidential information and trade secrets that are proprietary to Esri. You agree to use commercially reasonable means (at least as great as those used by you for your own confidential information) to maintain the integrity, confidentiality, and Esri proprietary rights in the Projects and Feedback. You hereby grant to Esri the right to freely copy, store, cache, use, share, disclose, reproduce, license, distribute, and otherwise publicly display and perform any comments or information submitted to Esri related to Projects and Beta Testing, including to a Forum or Feedback provided to Esri by you. You will not provide comments to a Forum or Feedback to Esri that you know or reasonably should have known contain content subject to license or use restrictions.

3.7 Copyright Policy. Esri's copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to take down allegedly infringing materials and/or terminate the accounts of repeat infringers, as applicable. Further details of Esri's copyright policy can be found at https://www.esri.com/en-us/legal/dmca-policy.

4. PRIVACY AND PERSONAL ACCOUNTS

4.1 Website Privacy Policy. Esri may request certain information, configuration data, or personal information to access select Content or to provide support through this website. Esri will collect and use this information in accordance with its Web Site Privacy Policy. You agree to the use of this information in accordance with the Web Site Privacy Policy.

4.2 Passwords and Account Information. Some parts of this Esri website may require you to create and use a personal account to access the Content provided. You are responsible for maintaining the confidentiality of the password for your personal account and are fully responsible for all activities that occur under your personal account unless access to your account number, account name, or password was obtained through no fault or negligence of your own. You agree to the following:

(a) You will provide truthful and accurate information at all times when using Online Services.

(b) You understand that 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 personal account and termination of any rights provided herein.

(d) You understand that sharing account information or allowing others to access your account will result in removal of your personal account.

(e) You will notify Esri of any unauthorized use of your password or account or any other breach of security as soon as you become aware of such use or breach.

(f) You will log off 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.

4.3 Termination of Personal Account. Esri reserves the right to monitor use of Esri websites. Esri reserves the right to suspend or cancel your account or access to the ArcGIS Early Adopter Community website or other Esri websites at any time, or take any other appropriate measures in its legal capacity to enforce these Terms of Use. If you have your personal account removed for not following these Terms of Use, you may not be allowed to return or create a personal account in the future.

5. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

5.1 Exclusion of Warranties. THE ArcGIS EARLY ADOPTER COMMUNITY WEBSITE, PROJECTS, AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN PARTICULAR, YOU UNDERSTAND THAT ESRI AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT CONTENT PROVIDED IN THIS ESRI WEBSITE WILL BE

(a) Available to you uninterrupted in a secure form;

(b) Accurate or free from error; or

ESRI is under no obligation to correct any errors or inconsistencies in the Services.

5.2 Limitation of Liability. ESRI SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR DECISION TO ACCESS AND USE ANY OF THE SERVICES PROVIDED ON THE ESRI WEBSITE, EVEN IF ESRI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

5.3 Links to Third-Party Sites. Many links on Esri websites link to websites owned and operated by third parties. These websites are not under Esri's control, and Esri is not responsible for information (regardless of how it is transmitted or received) or services provided by third-party websites. Any links to third-party websites provided on Esri websites do not imply an endorsement, affiliation, or sponsorship of any kind and do not represent warranties of the quality of services provided by such third parties.

6. TERM AND TERMINATION

6.1 Term. These Terms of Use shall continue to apply until terminated by you or Esri; however, the term for access and use of a Project may be limited to the term stated in the applicable Beta Site Agreement or related materials for the Project. Termination may only occur as provided in this section.

6.2 Termination by You. You may terminate these Terms of Use by (a) sending a letter to the address provided herein, Attn.: Contracts and Legal Services, expressing clearly in English your desire to terminate these Terms of Use ("Termination Letter") and (b) ceasing and discontinuing your use of all Content on or before sending the Termination Letter to Esri. Continued use of the ArcGIS Early Adopter Community website, Projects, or Content after sending the Termination Letter constitutes your acceptance and agreement to these Terms of Use.

6.3 Termination by Esri. Esri may terminate these Terms of Use if any of the following occur:

(a) You have breached the terms and conditions provided in these Terms of Use through either action or inaction.

(b) You have breached an agreement with Esri relating to the use of Esri products or services.

(d) Esri, at its sole discretion, believes that it is in Esri's best commercial interest to terminate these Terms of Use.

6.4 Effects of Termination. Upon termination of these Terms of Use, all rights and obligations owed by the parties shall cease except for those set forth in Sections 1, 3.2, 3.5, 3.6, 4.3, 5, 6, 7, and 8. Those rights and obligations shall continue indefinitely.

7. EXPORT COMPLIANCE

You may not access, upload, download, use, or export any Project or Content provided on the Esri website in violation of US Export Control 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 Projects or Content in violation of any such restrictions, laws, or regulations or without all necessary approvals. Specifically prohibited is the use of any Project or Content 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 Projects or Content outside the United States. Neither Projects or Content nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to US 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 (b) to anyone on the US Treasury Department's list of Specially Designated Nationals and Blocked Persons or the US 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.

8. GENERAL TERMS

8.1 No Implied Waivers. The failure of either party to enforce any provision of these Terms of Use shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.

8.2 Severability. The parties mutually agree that if any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable.

8.3 Language. You agree that the English language version of these Terms of Use shall govern their interpretation. Any versions provided in a language other than English are provided for convenience only. Any inconsistencies or contradictions shall not affect the interpretation of the English language version.

8.4 Successor and Assigns. You shall not assign or otherwise transfer your rights or delegate your duties under these Terms of Use without Esri's prior written consent. Any attempt to do so without Esri's consent shall be void.

8.5 Governing Law, Dispute Resolution. The laws of the State of California govern your relationship with Esri under these Terms of Use and shall be construed according to those laws without regard to conflict of laws principles. The parties agree to attempt in good faith to negotiate any conflict arising under these Terms of Use. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in San Bernardino County any and all disputes not resolved within thirty (30) days of notice. Notice to Esri shall only be proper if made by certified mail at the address provided herein.

8.6 Equitable Relief. You agree that your breach of these Terms of Use 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 seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking to or proving injury as a condition for relief.

8.7 Government Users. These Terms of Use strictly govern government users' use, reproduction, or disclosure of the Content, which are considered "commercial services." No other terms or conditions shall apply unless expressly agreed in writing between you and Esri. All rights to the Content are reserved under copyright laws of the United States.

8.8 Force Majeure. Esri and its Providers shall not be liable for any delay or failure to perform their obligations under this agreement where such delay or failure results from any cause beyond their reasonable control including, but not limited to, acts of God; labor disputes or other industrial disturbances; electrical or power outages; utilities or telecommunications failures; earthquakes, storms, or other elements of nature; blockages; embargoes; riots; acts or orders of government; and acts of terrorism or war.

8.9 Integration. These Terms of Use constitute the sole and entire agreement between the parties relating to your use of the ArcGIS Early Adopter Community website; supersede any previous agreements, understandings, and arrangements unless otherwise agreed to in writing by an authorized representative of each party; and completely replace any existing agreements between the parties related to your use of the Early Adopter Community website.

By clicking "I agree" below, you agree to the Terms of Use of this website.