User also agrees to disclaim, to the extent permitted by applicable law, Environmental Systems Research Institute, Inc. (“Esri”), and its licensors’ liability for any damages or loss of any kind, whether direct, special, indirect, incidental, or consequential, arising from the use of the UDS Mapper (the “Hosted Solution”) including, but not limited to, liability for use of Hosted Solutions in high-risk activities or liability related to any Data supplied by Esri. “Data” means 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 products or documentation or delivers independently.
User will 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-user-and-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 Treasury, Office of Foreign Assets Control (OFAC) regulations, and 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.
User agrees to prohibit the removal or obscuring of any patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Authorized Sublicense Material, output, metadata file, or online or hard-copy attribution page of any Data with respect to Authorized Sublicense Material.
User will not from store, cache, use, upload, distribute, or sublicense content or otherwise using Authorized Sublicense Material 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.