|
SECTION B LICENSE TERMS
<br /> PICTOMETRY ONLINE SERVICES
<br /> GENERAL TERA'IS 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,if any,collectively constitute the license agreement(the"License Agreement")that governs your use of the Pictometry online services(the"Online
<br /> Services"),the images available in the Online Services,and all associated metadata and data layers included in,provided with,or derived from those images(the
<br /> "Licensed Content")'provided by Pictometry International Corp.and its affiliated companies(collectively,"Pictometry"). The terms"you"and"your"in uppercase
<br /> or lowercase shall mean the individual,entity(e.g.,corporation,limited liability company,partnership,sole proprietor,etc.)or government agency entering into the
<br /> License Agreement.
<br /> 1. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP
<br /> I I You are i nted a nonexclusive,nontransferable,limited right to access and use the Online Services and the Licensed Content obtained or derived from
<br /> the Online Services solely for your internal business purposes and not for resale or redistribution.The rights granted to you include,subject to the
<br /> restrictions set forth below and on the Order Form,the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation
<br /> of hardcopies and work product records,and the right to make hardcopies of the Licensed Content,provided that the Licensed Content and the permitted
<br /> copies thereof may not be sold,leased,loaned,distributed,or copied for use by anyone other than you.
<br /> l.2 You may not make the Online Services available to any other parry
<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 one
<br /> or 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 /> I.6 You maynot 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 or
<br /> insurance for personal,family,or household purposes;(b)employment,or(c)a government license or benefit.The term"consumer"is defined in the
<br /> United 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 by
<br /> Pictometry to 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 Licensed Content in
<br /> all media belong to Pictometry or its third party suppliers.Neither you nor any users of the Online Services or the Licensed Content acquire any
<br /> proprietary' interest in the Online Services,the Licensed Content,or any copies thereof,except the limited use rights granted herein.
<br /> i
<br /> 2. ACCESS TO SERVICES
<br /> i
<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. 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 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 Credentials may not be shared with,or used by,any other person,including other Eligible Users. You will promptly deactivate an Eligible
<br /> User's Pictometry rw
<br /> Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible
<br /> User's 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,including associated charges,whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of
<br /> Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost,stolen,
<br /> compromised,or 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
<br /> otherwise 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 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 /> 1
<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 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 Online Services or from the 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 /> 34 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data,is provided
<br /> for 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
<br /> maintained to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all
<br /> liability foi 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,claims
<br /> and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content.
<br /> Page 4 of 9 Indian River County,FL—C 186007 20160415 CMT-00047-20150928
<br />
|