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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(the"W VO
<br /> Services'),the images available in the WVO Services,and all associated metadata and data layers included in,provided with,or derived from those images(the"WVO
<br /> Licensed Content')provided by Pictometry International Corp.and its affiliated companies(collectively,"Pictometry'l. The terms"you"and"your"in uppercase or
<br /> lowercase shall mean the individual,entity(e.g.,corporation,limited liability company,partnership,sole proprietor,etc.)or government agency entering 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 WO 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 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 W VO Licensed Content obtained through the VIVO 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 content
<br /> through the W VO 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 WO 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 Content
<br /> in all media belong to Pictometry or its third party suppliers.Neither you nor any users of the W VO Services or the WVO Licensed Content acquire 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 terms of
<br /> access:(a)WVO Licensed Content available through the WVO 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 WVO Services and the WVO Licensed 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 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 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 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 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 O Services and the W VO 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 W VO 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 0 Services or the VIVO 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,claims
<br /> 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 have
<br /> against Pictometry,each third party supplier of any portion of the WVO Services or the WVO Licensed Content,and each of their directors,officers,
<br /> members and employees,arising out of use of or reliance upon the W VO Services or the WO 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"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(a)any errors in or
<br /> omissions from the WVO Services or the VIVO Licensed Content,(b)the unavailability or interruption of the WVO Services or any features thereof or the
<br /> 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 or
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