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SECTION B LICENSE TERMS
<br /> PICTOMETRY ONLINE SERVICES
<br /> GENERAL TERMS AND CONDITIONS
<br /> These Pictometry Online Services General Terms and Conditions (the "General Terms and Conditions"), in combination with the corresponding Pictometry order
<br /> form,
<br /> if any, collectively constitute the license agreement (the "License Agreement") that governs your use of the Pictometry online services (the "Online Services"),
<br /> the
<br /> images available in the Online Services, and all associated metadata and data layer; included in, provided with, or derived from those images (the "Licensed
<br /> Content")
<br /> provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms `you" and "your" in uppercase or lowercase
<br /> shall mean
<br /> the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the License
<br /> Agreement,
<br /> 1 . GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP
<br /> 1 . 1 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived
<br /> from the
<br /> Online Services solely for your internal business purposes and not for resale or redistribution. The rights granted to you include, subject to
<br />the restrictions set
<br /> forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies
<br /> and
<br /> work product records, and the right to make hardcopies of the Licensed Content, provided that the Licensed Content and the permitted copies thereof
<br />may
<br /> not be sold, leased, loaned, distributed, or copied for use by anyone other than you.
<br /> 1 .2 You may not make the Online Services available to any other party.
<br /> 1 .3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining
<br /> one or
<br /> more databases of that content for use in substitution for subsequent access to the content through the Online Services.
<br /> 1 .4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates, either directly or indirectly.
<br /> 1 .5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry.
<br /> 1 .6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content.
<br /> 1 .7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium.
<br /> 1 .8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry.
<br /> 1 .9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit
<br /> or
<br /> insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term "consumer" is defined in
<br /> the United
<br /> States Fair Credit Reporting Act at 15 USC § 1681 .
<br /> 1 . 10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed
<br /> by
<br /> Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human-initiated individual search and retrieval
<br /> activities.
<br /> 1 . 11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the
<br /> Licensed Content in all
<br /> media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary
<br /> interest in the Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein.
<br /> 2. ACCESS TO SERVICES
<br /> 2. 1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an `Eligible User" and
<br /> collectively, the `Eligible Users") are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement.
<br /> Each
<br /> Eligible User to be provided access to the Online Service shall be assigned a unique login/password ("Pictometry Credential') for purposes of accessing
<br /> the
<br /> Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that
<br /> Pictometry
<br /> Credentials may not be shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate an Eligible User's
<br /> Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible
<br /> User's
<br /> access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible
<br /> Users,
<br /> including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry
<br /> Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen, compromised, or
<br /> misused.
<br /> 2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise
<br /> changed by Pictometry without notice.
<br /> 2.3 You are aware and understand that any user data collected or stored by the Online 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 Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute
<br /> professional engineering or surveying services.
<br /> 3 .2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used
<br /> in lieu
<br /> 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 Online Services or from the Licensed Content are based upon second order visualization and measurement
<br /> 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 Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided
<br /> for
<br /> informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses.
<br /> 3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained
<br /> to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability
<br /> for
<br /> damages claims and expenses arising from such use.
<br /> 3 .6 Your reliance on the Online Services and the 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 Online Services or the Licensed Content assume no responsibility for any consequences
<br /> resulting from the use of the Online Services or the Licensed Content.
<br /> 3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages,
<br />claims and
<br /> expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content.
<br /> 3 .9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may
<br /> have
<br /> against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers,
<br /> members and
<br /> employees, arising out of use of or reliance upon the Online Services or the Licensed Content.
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