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5. TRADEMARKS;CONFIDENTIALITY <br /> 5.1 Use of Pictometry's Marks. You agree not to attach any additional trademarks,trade names,logos or designations to any Delivered Content or to any <br /> copies of any Delivered Content without prior written approval from Pictometry You may,however, include an appropriate government seal and your <br /> contact information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use <br /> any Pictometry trademark,trade name,logo,or designation in connection with any product or service other than the Delivered Content. Your nonexclusive <br /> right to use Pictometry's trademarks,trade name,logos,and designations are coterminous with the license granted to you in the Delivered Content Terms, <br /> 5.2 Confidentiality of Delivered Content.The Delivered Content consists of commercially valuable,proprietary products owned by Pictometry,the design and <br /> development of which reflect an investment of considerable time,effort,and money The Delivered Content is treated by Pictometry as confidential and <br /> contains substantial trade secrets of Pictometry You agree that you will not disclose,provide a copy of,or disseminate the Delivered Content(other than as <br /> expressly permitted in the Delivered Content Terms and Conditions)or any part thereof to any person in any manner or for any purpose inconsistent with the <br /> license granted to you in the Delivered Content Terms and Conditions.You agree to use your best efforts to assure that your personnel,and any others <br /> afforded access to the Delivered Content,protect the Delivered Content against unauthorized use,disclosure,copying,and dissemination,and that access to <br /> the Delivered Content and each part thereof will be strictly limited. <br /> 6. LIMITED WARRANTY;DISCLAIMER OF WARRANTIES <br /> 6.1 Limited Warranties;Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as <br /> of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty,Pictometry shall use reasonable efforts to correct any <br /> deficiency that precludes use of the Delivered Content in the manner intended. <br /> 6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1,above,THE DELIVERED CONTENT IS PROVIDED TO YOU "AS IS" AND <br /> "WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND,EXPRESS,IMPLIED,OR <br /> STATUTORY ALL IMPLIED WARRANTIES,INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE,MERCHANTABILITY, <br /> FITNESS FOR A PARTICULAR PURPOSE,AND ACCURACY,ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY <br /> 6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content, <br /> the total liability of Pictometry shall,in the aggregate,be limited to the aggregate amount received by Pictometry in payment for Delivered Content during <br /> the immediately preceding twenty-four(24)month period. <br /> 7. MISCELLANEOUS PROVISIONS <br /> 7.1 Restricted Rights. Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is <br /> provided with"Restricted Rights"as defined in DFARS 252.227-7013,Rights in Technical Data and Computer Software and FAR 52.227-14,Rights in <br /> Data-General,including Alternate III,as applicable. <br /> 7.2 Governing Law. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York,excluding its <br /> conflicts of law principles. <br /> [END OF DELIVERED CONTENT TERMS AND CONDITIONS] <br /> Page 6 of 10 Indian River County,FL—C 161304 20141024 CMT-00047-20141008 <br />