SECTION B LICENSE TERMS
<br />PICTONIETRY 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 "WVO License Agreement") that govems your use of Pictometry web visualization offerings (the
<br />"WVO Services"), the images available in the WVO Services, and all associated metadata and data layers included in, provided with, or derived from those images
<br />(the "WVO Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in
<br />uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc ) or government agency
<br />entering into the WVO 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 purposes of
<br />providing access to WVO Licensed Content in response to human -initiated, discrete location -specific requests through a single web site operated
<br />exclusively 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 the
<br />content 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 WVO 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 Licensed
<br />Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the WVO Services or the WVO Licensed Content
<br />acquire any 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 terms
<br />of access: (a) WVO Licensed Content available through the WVO is copyrighted material, (b) end-users of the WVO Services are granted the right to
<br />access 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
<br />of the WVO Services are prohibited from reproducing, reselling, transferring, redistributing or creating derivative works from WVO Licensed Content,
<br />(d) all right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO Licensed
<br />Content in all media belong to Pictometry or its third party suppliers, and (e) THE WVO SERVICES AND WVO LICENSED CONTENT ARE
<br />PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED
<br />CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS
<br />FOR A PARTICULAR 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 the
<br />US 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 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 be used
<br />in 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 WVO Services and the WVO Licensed Content may be considered useful supplements for life critical applications, they are not designed or
<br />maintained to support such applications and Pictometry and its third party suppliers of the WVO Services and the WVO Licensed Content hereby
<br />disclaim 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,
<br />completeness, 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
<br />consequences 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 and expenses arising from or in any way related to the accuracy or availability of the WVO Services and the WVO 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 against Pictometry, each third party supplier of any portion of the WVO Services or the WVO Licensed Content, and each of their directors,
<br />officers, 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 you as
<br />authorized expressly by this WVO License Agreement.
<br />4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4 1, 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 />5. LIMITATION OF LIABILITY
<br />5 I 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 (a) any errors in
<br />or 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 WVO Licensed Content, (c) your or any other party's use of the WVO Services or the WVO Licensed Content, (d) the loss or corruption of any data
<br />or equipment in connection with the WVO Services or the WVO Licensed Content, (e) the content, accuracy, or completeness of the WVO Licensed
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