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SECTION B LICENSE TERMS
<br /> PICTOMETRY WEB VISUALIZATION OFFERING
<br /> TERMS AND CONDITIONS
<br /> These Pictometry Web Visualization Offering Terms and Conditions (the "WVO Terms and Conditions"), in combination with the corresponding Pictometry order
<br /> form, if any, collectively constitute the license agreement (the "W VO License Agreement") that governs your use of Pictometry web visualization offerings
<br /> (the "WVO
<br /> Services"), the images available in the W VO Services, and all associated metadata and data layers included in, provided with, or derived from those images
<br /> (the "WVO
<br /> Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in
<br />uppercase or
<br /> lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc .) or government agency entering
<br /> into the WVO
<br /> License Agreement.
<br /> 1 . GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP
<br /> 1 . 1 You are granted a nonexclusive, nontransferable, limited right to use and to provide public access to, and use of, the WVO Services solely for
<br /> purposes of
<br /> providing access to WVO Licensed Content in response to human-initiated, discrete location-specific requests through a single web site operated exclusively
<br /> by or for you to serve you and your public constituencies and not for resale or redistribution or commercial use of any nature.
<br /> 1 .2 You may not copy or retain copies of the WVO Licensed Content obtained through the WVO Services or portions thereof onto any computer or storage
<br /> device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to
<br /> the content
<br /> through the WVO Services or any other Pictometry Services, nor will your authorize or permit any user of the WVO Services to do so.
<br /> 1 .3 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos without the express written consent of Pictometry.
<br /> 1 .4 You may not remove, alter or obscure copyright notices or other notices contained in the W VO Licensed Content.
<br /> 1 .5 You may not offer any part of the WVO Services or the WVO Licensed Content for commercial resale or commercial redistribution in any medium.
<br /> 1 .6 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO
<br /> Licensed Content
<br /> in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the WO Services or the W VO Licensed Content acquire
<br /> any
<br /> proprietary interest in the WVO Services, the WVO Licensed Content, or any copies thereof, except the limited use rights granted herein.
<br /> 2. TERMS OF ACCESS TO WVO SERVICES
<br /> 2. 1 You shall provide to all end-users of the WVO Services on the page through which they access such services conspicuous notice of the following
<br /> terms of
<br /> access: (a) WVO Licensed Content available through the WO is copyrighted material, (b) end-users of the WVO Services are granted the right to access
<br /> and view the WVO Licensed Content through the WVO Services for personal use only and not for commercial purposes of any type, (c) end-users of the
<br /> WVO Services are prohibited from reproducing, reselling, transferring, redistributing or creating derivative works from WVO Licensed Content, (d) all
<br /> right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the W VO Services and the W VO Licensed
<br />Content in
<br /> all media belong to Pictometry or its third party suppliers, and (e) THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN
<br /> "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY
<br /> DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br /> PURPOSE.
<br /> 2.2 The WVO Services, the WVO Licensed Content, and features and functionality within the WVO Services may be enhanced, added to, withdrawn, or
<br /> otherwise changed by Pictometry without notice.
<br /> 2.3 You are aware and understand that any user data collected or stored by the WVO Services may be accessed by US law enforcement agencies under
<br /> the US
<br /> PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access.
<br /> 3. DISCLAIMERS
<br /> 3 . 1 The WVO Services and the WVO Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not
<br /> constitute
<br /> professional engineering or surveying services.
<br /> 3 .2 The WVO Services and the WVO Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not
<br /> be used in
<br /> lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences.
<br /> 3 .3 All measurements and reports generated by the WVO Services or from the WVO Licensed Content are based upon second order visualization and
<br /> measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes.
<br /> 3 .4 Contour information obtained from the WVO Services or contained in the WVO Licensed Content is generated from undersampled elevation data, is
<br /> provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses.
<br /> 3 .5 While the W VO Services and the WO Licensed Content may be considered useful supplements for life critical applications, they are not designed
<br /> or
<br /> maintained to support such applications and Pictometry and its third party suppliers of the WVO Services and the WVO Licensed Content hereby disclaim
<br /> all liability for damages, claims and expenses arising from such use.
<br /> 3 .6 Your reliance on the WVO Services and the WVO Licensed Content should only be undertaken after an independent review of their accuracy, completeness,
<br /> efficacy, timeliness and adequacy for your intended purpose.
<br /> 3.7 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content assume no responsibility for any consequences
<br /> resulting from the use of the WVO Services or the WVO Licensed Content.
<br /> 3 .8 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content hereby disclaim all liability for damages,
<br /> claims
<br /> and expenses arising from or in any way related to the accuracy or availability of the W VO Services and the W VO Licensed Content.
<br /> 3 .9 By accepting these WVO Terms and Conditions or by using the WVO Services or the WVO Licensed Content, you waive any and all rights you may
<br /> have
<br /> against Pictometry, each third party supplier of any portion of the WO Services or the WO Licensed Content, and each of their directors, officers,
<br /> members and employees, arising out of use of or reliance upon the WVO Services or the WVO Licensed Content.
<br /> 4. LIMITED WARRANTY
<br /> 4. 1 Pictometry represents and warrants that it has the right and authority to make the WVO Services and the WVO Licensed Content available to
<br /> you as
<br /> authorized expressly by this W VO License Agreement.
<br /> 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4. Is THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN "AS
<br /> IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY
<br /> DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br /> PURPOSE,
<br /> 5. LIMITATION OF LIABILITY
<br /> 5. 1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
<br /> (a) any error; in or
<br /> omissions from the WVO Services or the WVO Licensed Content, (b) the unavailability or interruption of the WVO Services or any features thereof or
<br />the
<br /> WVO Licensed Content, (c) your or any other party's use of the W VO Services or the W VO Licensed Content, (d) the loss or corruption of any data
<br /> or
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