US Geological Services 11/9/2020

Template revision date:July 2020 OPA Review#2021ZQ-11505 a. USGS grants Licensee a non-exclusive,revocable(as provided in Section 11.2,Termination), non-transferable(except as expressly permitted in this Agreement),royalty-free license to access ShakeAlert Materials,for the limited purpose of the LICENSEE'S internal evaluation of the real-time ShakeAlert data stream only,subject to this Agreement's terms and conditions. 1.2 License Restrictions. a. Licensee will not PUBLICLY RELEASE,DISTRIBUTION,or RESPOND,whether public or internal response,to distributed ShakeAlert Materials. b, Licensee will not advertise,sell,copy,modify,reverse engineer,publish,rent,lease,loan, sublicense,or distribute ShakeAlert Materials or derivative works based on ShakeAlert Materials to the public or any other third-party without the prior written consent of USGS, c. Access to the ShakeAlert Materials will be solely governed by terms and conditions of this Agreement; d. Licensee, including its employees and(or)USGS approved Licensee third-party,will not interfere with or disrupt USGS or ShakeAlert Materials servers or networks,and will comply with the USGS requirements,procedures,policies,and regulations for the ShakeAlert servers or networks, as set forth on Attachment B(License to Operate Amendments),Upon USGS written consent of any Licensee third-party,Licensee will take all reasonable steps,including flow down provisions, to ensure that terms required by Licensee under this agreement are passed to its contactors to the extent necessary for the performance of its contractor's work. e. Unless otherwise agreed by USGS in writing,Licensee is limited to 3 concurrent connections to ShakeAlert servers.The users of each connection are listed in Appendix A. 1.3 No Other Restrictions. Nothing in this Agreement: a. requires Licensee to use any ShakeAlert Materials in Licensee products or services; b, restricts Licensee from using content it obtains elsewhere;or c. restricts Licensee from exercising any rights it has at law(including under the U.S.Copyright Act). 2. Confidential Information. 2.1. Not Used 2.2. Not Used 2.3. Public Statements a. Subject to Section 2.3.b.,public statements or commercial advertisements issued by Licensee after verification shall not refer to this Agreement in a manner which states or implies that the products or services of Licensee are endorsed by the Government,or are considered by the Government to be superior to other products or services.This restriction is intended to avoid the appearance of preference by the Government toward any product or service.The Licensee may ask USGS to make a determination as to the propriety of promotional material. ShakeAlert Evaluation License Agreement,Application,and Statement of work-07/2020 Page 2 of 10