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These Pictometry Online Services General Terms and Conditions (the "General Terms and Conditions')- in combination with the corresponding Pietas*" doarsaft <br />if any, collectively constitute the license agreement (the "License Agreement") that govemsymw use of the Pictometry online services (the "Online Sentr y filet` <br />available in the Online Services, and all associated metadata and data layers included in, M 871g1�e¢dR ed ram those images (ft - <br />by Pictometry International Corp- and its affiliated companies (collectively, "Picts Feffis "you and "your" in uppercase or'lbwerzxid i deft <br />individual, entity (e -g-, corporation, limited liability company, partnership sole -` ` � c)w Smwiament agency entering into the License Atte . <br />1. GItAl%T OF RIGETS; RESTRICTIONS O\ L'SE; Olti1-ERSE [P <br />1-1 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived from the <br />Online Services solely for your internal business purposes and not for resale or redistribution. The rights granted to you include, subjegt" restrictions set <br />forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and <br />work product records, and the right to make hardeopies of the Licensed Content provided that the Licensed Content and the permitted copies thereof may not <br />be sold, leased, loaned, dishibuted, or copied for use by anyone other than you. <br />12 You may not make the Online Services available to any other party. <br />13 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 or <br />more databases of that content for use in substitution for subsequent access to the content through the Online Services. <br />3A You may not distribute or otherwise make available any Licensed Content to Googinp[itle affiliates, either <br />directlyerindirectly- <br />1.5 You may not exploit the goodwill of Actorretr_y, including its trademarks, service M �rlogas, without the written consent of Pictonretry- <br />i t5 You may not remove, alter or obscure copyiiglt notices or other notices contained ' - Content <br />L7 You may not offer any part of the Online Senices or the Licensed Contend for commardAvesale or commercial redistnlratioa in any medium. <br />1.8 You may not use the Online Services or the Licensed Content to compete with any busies ofPicy <br />19 You may not use information included in the Online Services or the Licensed nsed Content to dalMetpisotils individual consumees eligibility for (s) i1w <br />insurance for personal, family, or household purposes; (b) a rmen or (e) a government, enc t Theterm, t�sumee, is . <br />States Fair Credit Reporting Act at 15 USC §168,10, <br />1111 Your may not access the Online Services via mechamwt 9toliofic, senptedof--V ,eploma�edmea�. unless a e agreed' by <br />in writing, use of the Online Services is permitted only via manuallyd®rdicted, discrete, human individual search and M*ieval activities. <br />1x-11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services as a Licensed Content in all <br />media belong to Pictometry or its third party suppliers_ Neither you nor any mets of the Online Services or the Licensed Ca� acquire any proprietary <br />interest in the Online Services, the Licensed Co •or=,Vco pies thereof, except the limited use rights granted herein <br />2. ACCESS TO SERV ICES <br />21 Onlyyou, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an `Eligible User" and collectively, <br />the "Eligible Users') are eligible to access and use the Online Sen -ices and the Licensed Content purer to the License Agreement- Each Eligible User to <br />be provided access to the Online Service shall be assigned a unique loginlpassw-ord ( Tick aetry Credential') for purposes of accessing the Online Services. <br />You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not <br />be shared with, or used by, any other person, including other Eligible Users- You will promptly deactivate an Eligible User's Pictometry Credential in the <br />event the Eligible User no longer meets the eligibility requi 11>sh to terminate the Eligible User's access to the Online Services- You <br />are responsible for all use of the Online Services accessed with -d to ono Eligible Uses,-Iuding associated charges, whether by <br />Eligible Users or others. You will use reasonable commercial 111111 �18�g1g11Actemetry Credentials assigned to your Eligible Users <br />and will promptly deactivate any Pictometry Credentials you suspect are lust s18oh %spit 119miacd ur misused. <br />22 The Online Services, the Licensed Content, and features and functionality within 160AW Services may be enhanced, added to, w-tthdrawv, or otherwise <br />changed by Pictometry without notice. <br />23 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 US: <br />PATRIOT Act You hereby release, and agree to hold Pictometry harmless fici%14 ams against Pictometry with respect to such atmos: <br />DISCL-ALNIERS <br />4 <br />31 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional <br />engineering or surveying services_ <br />32 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 lieu of <br />a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. <br />33 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data <br />that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes- i <br />3.A Contour information obtained from the Online Services or contained in the Licensed Content is generated from tmdenampled elevafim data is provided for <br />informational purposes only, and is not astable for use as the basis for hydrographic computations estimations or analyses - <br />3S While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained <br />to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for <br />damages claims and expenses arising from such use. <br />3-6 Your reliance on the Online Services and the Licensed Content should only be undertakes after an independent review of Jheir 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 XWdM Whetlei 146""* pYespoasi)► a9y+DpaSegtteacest 4ng:: <br />from the use of the Online Services or the Licensed Cont <br />IS Pictom ry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims and <br />expenses arising from or in anyway related to the accuracy or availability of the Online Services and the Licensed Content - <br />3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, yotawaive any and all rights you may have against <br />Pictometry. each third party supplier of any portion of the Online Services or the Licensed Content, aold'rlilleh of than duectnes, officers, members and <br />employees, arising out of rise of or reliance upon the Online Services tR *eT,icensed Content - <br />a. LLNHTED R:ARRALNTY <br />Page 14 of 23 <br />Indian River County, FL -0=31710 2022-03-16 <br />s <br />cabs <br />