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4. The ShakeAlert Materials licensed under this agreement include an application currently <br /> referred to as UserDisplay that may run on a Licensee's computer and presents visual and <br /> audio information about the earthquake and when and how strong shaking will arrive at the <br /> user's location. <br /> AGREEMENT <br /> For good and valuable consideration,the receipt and sufficiency of which are hereby <br /> acknowledged,the parties agree as follows: <br /> 1. License Grant. USGS grants LICENSEE, and LICENSEE hereby accepts, a non-exclusive, <br /> non-commercial, non-transferable, revocable without cause license to use ShakeAlert <br /> Materials provided that: <br /> a. LICENSEE shall not copy, modify, reverse engineer, publish, rent, lease, loan, <br /> sublicense, or distribute ShakeAlert Materials to any third-party without the <br /> prior written consent of USGS; <br /> b. Shall not offer for sale, advertise, distribute or otherwise publically offer any <br /> product or service relating to the ShakeAlert Materials; <br /> c. LICENSEE shall not allow ShakeAlert Materials to be accessed over a network or <br /> the internet in a manner that would allow users to access ShakeAlert Materials <br /> who are not employed by LICENSEE, without the prior written consent of USGS; <br /> d. LICENSEE shall not interfere with or disrupt USGS or ShakeAlert servers or <br /> networks or servers or networks connected to them, or disobey any <br /> requirements, procedures, policies or regulations of ShakeAlert servers or <br /> networks; <br /> e. LICENSEE is limited to five (5) concurrent connections to ShakeAlert servers; and <br /> f. LICENSEE may only use ShakeAlert Materials for the fields of use identified in <br /> Appendix A (optional). <br /> 2. Maintenance and Support. USGS is under no obligation to provide maintenance for <br /> ShakeAlert Materials or notify LICENSEE of any fixes, patches, or updates to ShakeAlert <br /> Materials. If, in its sole discretion, USGS makes an update available to LICENSEE, it shall <br /> be deemed incorporated into the ShakeAlert Materials and subject to this Agreement. <br /> USGS reserves the right to make any and all changes to ShakeAlert Materials that it <br /> deems necessary to maintain and improve the function of the system. <br /> 3. Feedback. As consideration for this Agreement, the LICENSEE shall, upon request of <br /> USGS, provide suggestions and feedback regarding the ShakeAlert Materials, including, <br /> ShakeAlert License Agreement and Terms of Service Page 2 of 5 <br />