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maintenance benefits specified in the most current applicable
<br />ESRI U.S. Software Maintenance Program document (found at
<br />www.esri.com /legal) as modified by this Article 10 βELA
<br />Maintenance. ELA Maintenance does not include Technical
<br />Support for Web Services.
<br />a. Tier 1 Support Provided by Licensee
<br />(1) Licensee shall provide Tier 1 Support through the
<br />Tier 1 Help Desk to all Licensee's authorized users.
<br />(2) The Tier 1 Help Desk shall use analysts fully trained in
<br />the Software they are supporting.
<br />(3) At a minimum, Tier 1 Support shall include those
<br />activities that assist Licensee in resolving how -to and
<br />operational questions as well as questions on
<br />installation and troubleshooting procedures.
<br />(4) Tier 1 Support analysts shall be the initial points of
<br />contact for all questions and Incidents. Tier 1 Support
<br />analysts shall obtain a full description of each reported
<br />Incident and the system configuration from Licensee.
<br />This may include obtaining any customizations, code
<br />samples, or Data involved, if applicable, to the
<br />Incident. Analysts shall also use any other information
<br />and databases they may develop to satisfactorily
<br />resolve Incidents.
<br />(5) If the Tier 1 Help Desk cannot resolve the Incident, an
<br />authorized Tier 1 Help Desk individual may contact
<br />ESRI Technical Support. The Tier 1 Help Desk shall
<br />provide support in such a way as to minimize repeat
<br />calls and make solutions to problems available to
<br />Licensee.
<br />(6) Tier 1 Help Desk individuals identified by Licensee are
<br />the only individuals authorized to contact ESRI directly
<br />for Tier 2 Support. Licensee may revise named
<br />individuals by written notice.
<br />b. Tier 2 Support Provided by ESRI
<br />(1) ESRI shall log calls received from the Tier 1 Help
<br />Desk individuals.
<br />(2) ESRI shall attempt to resolve the Incident by assisting
<br />the Tier 1 Help Desk individuals.
<br />(3) When the Incident is resolved, ESRI shall
<br />communicate the information to the Tier 1 Help Desk
<br />individuals, and the Tier 1 Help Desk shall
<br />disseminate the resolution to Licensee.
<br />ESRI may, at ESRI's sole discretion, make patches, hot fixes, or
<br />updates available for downloading from ESRI's Web site or
<br />deliver them on media.
<br />ARTICLE 11β ORDERING, ADMINISTRATIVE PROCEDURES,
<br />DELIVERY, AND DEPLOYMENT
<br />11.1 Purchase Orders, Delivery, and Deployment
<br />a. Licensee shall issue a Purchase Order upon execution of the
<br />ELA and annually thereafter in accordance with the payment
<br />schedule. Payment shall be due and payable within thirty (30)
<br />days of the anniversary date of the Effective Date, with the
<br />initial payment due within thirty (30) days of execution of the
<br />ELA.
<br />b. Upon receipt of the initial Purchase Order from Licensee,
<br />ESRI shall deliver two (2) sets of media containing the
<br />Software, Data, and Documentation to Licensee for
<br />Deployment activities. ESRI shall ship the media to the ship -to
<br />address identified on the Purchase Order, FOB Destination,
<br />with shipping charges prepaid. Licensee may purchase
<br />additional media sets at the prices in effect at the time of
<br />purchase.
<br />c. ESRI shall provide Licensee with up to ten (10) hardware
<br />keys. Additional hardware keys may be ordered at the prices
<br />in effect at the time of purchase.
<br />d. ESRI shall provide registration numbers or keycodes, as
<br />applicable, to activate the nondestructive copy protection
<br />program that enables the Software to operate.
<br />e. Licensee shall Deploy, install, configure, and track installation
<br />of the Software and Data.
<br />11.2 Purchase Order Requirements
<br />a. All orders pertaining to this ELA shall be processed through
<br />Licensee's centralized point of contact.
<br />b. The following information shall be included in each Purchase
<br />Order:
<br />(1) Licensee name, ESRI customer number, if known, and
<br />bill -to and ship -to addresses
<br />(2) Purchase Order number
<br />(3) Applicable annual payment due
<br />(4) On the face page of its Purchase Order (or ordering
<br />document), Licensee shall insert: "THIS PURCHASE
<br />ORDER IS GOVERNED BY THE TERMS AND
<br />CONDITIONS OF THE ESRI SMALL MUNICIPAL
<br />AND COUNTY ELA, AND ANY DIFFERENT OR
<br />ADDITIONAL TERMS AND CONDITIONS IN OR
<br />WITH THIS PURCHASE ORDER SHALL NOT
<br />APPLY."
<br />ARTICLE 12β ENDORSEMENT AND PUBLICITY
<br />This ELA shall not be construed or interpreted as an exclusive
<br />dealings agreement or an endorsement of ESRI by Licensee.
<br />Licensee agrees that upon execution of the ELA, ESRI may
<br />publicize the existence of this ELA with Licensee.
<br />ARTICLE 13β ADMINISTRATIVE REQUIREMENTS
<br />13.1 OEM Licenses. If Licensee obtains Software, Data, Web
<br />Services, or any component thereof as part of an original
<br />equipment manufacturer (OEM) software program or product
<br />developed and licensed by an OEM business partner of ESRI,
<br />Licensee shall not be entitled to or seek any discount from the
<br />OEM business partner or ESRI, directly or indirectly, as a result of
<br />or based on the availability of such Software, Data, or Web
<br />Services, as Enterprise Software under this ELA. In addition, such
<br />Software, Data, Web Services, or any component thereof
<br />included in the OEM software program or product will be licensed
<br />through the license agreement provided by the OEM business
<br />partner and not through this ELA.
<br />13.2 Product Obsolescence. During the term of this ELA, some
<br />Enterprise Software items may become obsolete, may no longer
<br />be commercially offered, or may no longer be available for
<br />unlimited quantity Deployment. Licensee may continue to use
<br />such Enterprise Software that has been Deployed for the term of
<br />the ELA, but updates for such obsolete Enterprise Software may
<br />not be available. ESRI's Product Life Cycle Support Policy,
<br />available at http: / /support.esh.com /index.cfm ?fa= knowledgebase
<br />.prod uctLifeCycles. gateway, defines the support phases and
<br />overall support plans. ELA Maintenance shall be subject to the
<br />Product Life Cycle Support Status, which can be found at
<br />hftp: // support. esri. com /index.cfm ?fa= software.gateway by
<br />selecting the product type, then clicking the Product Life Cycle
<br />link for specific product plans.
<br />13.3 Renewal. Upon expiration of this ELA, the parties will
<br />evaluate Licensee's requirements. Any follow -on ELA will be
<br />offered in accordance with license terms and condition and pricing
<br />then in effect and based upon Licensee's then current population
<br />count.
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