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11/15/2022 (3)
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11/15/2022 (3)
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Last modified
4/4/2023 2:44:32 PM
Creation date
4/4/2023 1:03:02 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/15/2022
Meeting Body
Board of County Commissioners
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Of any Delivered Content without prior written approval from Plictometry. You may, however, include an appropriate government ileal and your contact <br />iinfarmation so long as the seal and contact information in m ay:obscure on deface the Pictometry marks You further agree 8tan will not use any <br />dometry trademark, trade name, logo, or designatioaoyn cpeluegl(oe with any p udpgt of servlet ai e[$IIB$e Delivered Conted ate "apexchrsive rigbR <br />io use Pictometry's trademarks, trade name, logos, and desigoatya sat coternvnons with the license granted to you in the Delivered t a Terms. <br />51 Confidentiality of Delivered Content. The Delivered of commercially valuable, proprietary products owned by PictomAj; 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 Pwtometry_ You agree that you will not disclose, provide a copy of or disseminate the Delivered Content (other than as <br />expressly pemntted in the Delivered Content Terris 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 persomrel, and airy other afforded <br />access to the Delivered Content, protect the Delivered Content against unauthorized use, disclosure, copying, and dissemination, and that access to the <br />Delivered Content and each part thereof will be strictly limited. <br />6. LLNQTED t,V:4RILAINTY;DBCILAB ER OF WARRAN-IUS <br />6.1 Limited Warranties; Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated nnr ai: <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 <br />deficiency that precludes use of the Delivered Content in the manner intended <br />6.2 Disclaimer of Other Warranties. Except as providedin Section 6.1, above, THE�ERED CONTENT�f I41[*O YiYQRJ1S W- 'A + <br />ALL FAULTS." PICTOMEIRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS & ANY KAQ =PRE "RSAPP <br />STATUTORY. ALL IlNIPLIED WARRANTIES, INCLUDING BUT NOT LP&TED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY <br />FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY DISCLAIIAED 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. the <br />total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry in payment hF Delivered Content during the <br />immediately preceding twenty -k- (24) month pts <br />7. 2%IISCEL.L_1.\-EOi S PRO`TRON-S <br />7.1 Restricted Rights. Delivered Content acquired with United Sh4p'06vernment funds or intended for use within or for any tinted States federal agency is <br />prrnided with Restricted Rights" as defined m DFARS 252227+?Q13 Rights in Technical Data and Computer Software and FAR 52.22? -14. Rights in Data - <br />General, including Alternate III, as applicable- <br />7.2, <br />pplicable_7., GoverningLaw. 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 DKUI-*RED TIONS] <br />Pate 13 of 23 Indian RiverCO <br />unty, FL - 028131710 2022-03-16 G Q$ <br />
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