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pt <br />�k cow. <br />These Pictometry Delivered Content Terms and Conditions of U;qe (ffie "Delivered Content Terms and Conditions'), in combination with the corresponding Agreeme-nt <br />into which these terms are incorporated, collectively set forth & terms and conditions that govern use of Delivered Content (as heremalter defined) for use within <br />Computing environments operated by parties other than Pictometry. As used in the Defiv .Fantent TerrspadConditions the tea�a its m uppercase <br />V lowercase shalt mean the Customer that entered into the A mho ' amour <br />gest WhtCh th�D Content Temnp� Conditions are m�pivl6ed <br />Ll ".Authorized Subdivision" means, if you are a county or a non -state consortium of counties, any political unit or subdivision located totally or substantially <br />ttrithm you boundaries that you authorize to have access to Delivered Content p» t to the Delivered Content Terms and Conditions:; <br />12 "Authorized System" means a workstation or server that meets each aft aR `t ed Subdry cion, (ii) <br />it is located within and only accessible from facilities that are owned*Teased byyou or an Authorized its under the control of and may <br />only be used by you or Authorized Subdivisions. <br />13 Audwrized User" means any employee of you or Authorized Subdivisions that is authorized by you to bade access to the Delivered Content through an <br />Authorized System <br />1;4 "Delivered Content" means the images, metadata, data layers, models, reports and other geographic or stnretu al visualizations oe embodiments; included in, <br />provided with, or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement <br />II3 " miggt Participa�r C means any employee or contractor iopis@t gi peebomring services for compensatiatt 't)figol <br />has been identified by written notice to Pictometry prior to being granted access to Delivered Content and, unless Pictometry expresbrumves such requirement <br />for any individual, has entered into a written agreement with Pictometry authorizing such access_ <br />2. GRANT OF RIGHTS; RESTRICTIONS ON USE; OR\ERSAIP <br />2.1 Subject to the terms and conditions of the Agreement, you are granted nonexclusive, nontransferable, limited rights to - <br />(a) install the Delivered Content on Authorized Systems; <br />(b) permit access and use of the Delivered Content through Authorized Sysbw by <br />(i) Authoized Usek%for performance of public responsibilities Ofyou or Autihonzed Subdivisions that are to be performed entirely within facilities <br />of you or Authorized Subdivisions; <br />(in) Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies (or <br />jpg copies) of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be perkmned entirely within <br />facilities of you or Authorized Subdivisions; and <br />(lit) individual members of the public, but only through Authorized Users snd solely for the purpose of making hard cap unto ; j I loopies of images <br />of individual properties or structures (but not bulk orders of multiple properties or structures) to the individual I clic requesting <br />them- <br />2-2 <br />hem2.2 You may not reproduce, distribute or make derivative works based upon the Delivered Content in any medium, except as expressly permitted in the Delivered <br />Content Terms and Conditions, <br />2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribut on'any medium. <br />2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates ter directly or mdisectly_ <br />23 You may not exploit the goodwill of PictomeftyJpp1Wftt.at90r logos, 1000 the express �pllt;conses taEAt9�sky- <br />Z6 You may not remove, alter or obscure copyright notices or offiernotices eantainedin file Deln ered CoMent <br />2.7 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in Delivered Content i trall media belong to Pictometry <br />or its third party suppliers- Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content, or any copies thereof; <br />except the limited use rights granted herein <br />3. OBLIGATIONS OF CUSTOh1ER <br />3.1 Geographic Data. If available, you agree to provide to Pictometry geognaphiw*"l k industry standard format (e -g., shape, DBF) including, but not limited <br />to, digital elevation models street centerline maps, tax parcel maps and cial.6 data, to the extent practicable, shallblititifp*poated into the Delivered <br />Content_ You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its pnxbw s and services, provided <br />that at no time shall Pwtometry claim ownership of that data. <br />3.2 Notification. You shall (a) notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten (10) days after you <br />learn of the claim or proceeding, and (b) report promptly to Pictometry all claimed or suspected defects in Delivered Content. <br />33 Authorized User Compliance. You shall at all times be responsible for compliance by each Authonzed User with the Delivered Content Terms and <br />Conditions_ <br />3.4 Authorized Subdivision Compliance. You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content Terms <br />and Conditions - <br />3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of the <br />Project Participants' planned work and the intended use of the Delivered Content m such work Pwtometry retains the right to restrict or revoke access to <br />Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Terms and Conditions <br />4. LICENSE DURATION; EFFECT OF TER11L1ATION <br />4.1 Term- The license granted to you in the Delivered Content Terms and Conditions is perpetual, subject to Pictometry's right to terminate the license in the <br />event you do not pay in full the Fees specified elsewhere in the Agreement, the Agreement is terminated for any reason other than a breach of the Agreement <br />by Pictometry, or as otherwise provided in the Agreement. <br />4.2 Effect of Termination- Upon termination of the license granted to you in the Delivered Content Terms and Conditions, you shall immediately cease all use <br />of the Delivered Content, promptly purge all copies of the Delivered Content from all workstations and servers on winch any of it may be stored or available <br />at the time, and return bard driveimedia containing Delivered Content to Pictometry - <br />5. TRADE31 ARKS; CONMENTLILITY <br />U Use of Pictometry's 17arIM .Yau,Agree not to attach anv additional tradeu>v 'tt)Idey jos04lp[ 1p Content or to any copies <br />PW42 0t(23 Indian River County. FL — C28I&WO6 C-0090200910.3 <br />