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2 S Term License Esri grants City a Term License to EA Products City is only authorized to use EA Products during the term of this EA ARTICLE 3—SCOPE OF USE 3 1 Additional Permitted Uses For the term of the EA,City may copy and Deploy the EA Products to Crtys up to the quantities of licenses granted in Appendix A No other City has a right to copy(except as permitted in the License Agreement)or Deploy the EA Products City may transfer,redistribute,or Deploy the EA Products within the continental United States, Hawaii,Alaska,and US territories,excluding Puerto Rico and the US Virgin Islands 3 2 Uses Not Permitted a City shall not use the EA Products outside the United States or its territories or possessions without the prior written permission of Esri and agreement on additional fees, if any Any such export will be subject to US Export Control Regulation requirements of the License Agreement b City shall not transfer redistribute or assign EA Products to any third party without the prior written permission of Esrl ARTICLE 4—MAINTENANCE 4 1 EA Maintenance EA Maintenance is included in the EA Fee EA Products will receive EA Maintenance,provided that standard maintenance is available for each item EA Maintenance includes benefits specified in the most current applicable Esri Maintenance and Support Program document(found at www esri coni/lea.al)as modified by this Section 4 1 a Tier I Support Provided by City (1) The Tier 1 Help Desk will provide Tier 1 Support to all Crtys (2) The Tier I Help Desk will use analysts fully trained in the Products they are supporting (3) At a minimum Tier 1 Support will include those activities that assist the user in resolving how to and operational questions as well as questions on installation and troubleshooting procedures (4) Tier I Support analysts will be the initial points of contact for all questions and Case(s) Tier l Support analysts shall obtain a full description of each reported Case and the system configuration from City This may include obtaining any customizations,code samples,or data involved in the Case The analyst may also use any other information and databases that may be developed to satisfactorily resolve Case(s) (5) If the Tier I Help Desk cannot resolve a Case,an authorized Tier 1 Help Desk individual may contact Esri for Tier 2 Support The Tier 1 Help Desk shall provide support in such a way as to minimize repeat calls and make solutions available to City (6) City may assign named Tier I Help Desk individuals up to the quantity listed in Appendix B These individuals will be identified in Appendix E and will be the only individuals(callers)authorized to contact Esri directly for Tier 2 Support b Tier 2 Support Provided by Esri (1) Esri shall log the calls received from Tier 1 Help Desk individuals (2) Esri shall review all information collected by and received from Tier 1 Help Desk individuals including preliminary documented troubleshooting provided by the Tier I Help Desk when Tier 2 Support is required (3) Esri may request that Tier I Help Desk individuals provide verification of information,additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier I Help Desk (4) Esri shall attempt to resolve Case(s)submitted by Tier 1 Help Desk by assisting the Tier I Help Desk individuals and not City (5) When a Case is resolved,Esri shall communicate the information to the Tier 1 Help Desk individuals and the Tier 1 Help Desk shall disseminate the resolution to City (6) Esri may,at its sole discretion,make patches,hot fixes,or updates available for downloading from Esn's website or, if requested deliver them on media E512G Page 3 of It 02/2812017 11ca1djmlAgreements174_ESC21 ELA 2017 doex