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SECIIEN B IVE SMS <br />These Pictometry Web Visualization Offeti WTetms and Conditions (s"WfVO Tema and Conditions,* combination a esponding Pictometryrtrc4et famn, <br />if any, collectively constitute the license went (the "WVO Lic�'Agre� that governs yW1rue of Pr trts»alization offerings a" APIWO <br />Services'), the images available in the Gf yd$ervices, and all associated tretadata =4#* li r*O ed 7 , q — at�f l�& tl ose imag�t Ire <br />Licensed Content") provided by PrctomefiyIdemationai Corp_ and its affiliated comparres (colied, legis you 'and "your" in tipparaW* <br />lowercase shall mean the individual, enti{y (4, corporation, limited liability company, partnersbi , "' proprietor etc.) ctRivrernment agency entering into the W <br />License Agreement. <br />1 GRANT OF RIGHTS; RESTRICTIONS ON USE; OVVNT.RSHIP <br />13 You are granted a nonexclusive, nontransferable, limited right to use and to provide public access to, and use of the W VO Services solely for purposes -.'L. <br />providing access to W VO Licensed Content in response to human -initiated, discrebejgcation-specific requests throagh a single s� operated exclusivk <br />by or for you to serve you and your public constituencies and not for resale or or commercial use of any nature. <br />1.2 on may not copy or retain copies of the WVO Licensed Content obtained through lima Services or portions thereof onto any computer or storage devi4 <br />or media for the purpose of creating or maintaining one or more databases of that content far use in substitution for subsequent access to the content through <br />the WVO Services or any other Pictometry Services, nor will your authorize or permit any user of the WVO Services to do so_ <br />13 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos without the express written consent of Pictometry. <br />34 You may not remove, alter or obscure copyright notices or other notices contained in the R'VO Licensed Content <br />1.5 You may not offer any part of the WVO Services or the WVO Licensed Content for commercial resale orcommercral redistribution in any medium. <br />t5 AU sight title, and interest (including all copyrights, trademarks and other intellectual property ng1>is)>i8e WVO Services and the WVO Licensed Content <br />intiilmedia belong to Pictometry or its third party suppliers. Neitbe ji *iti0ioiy use96' MUMMM4 Content acquire any <br />proprietary interest in the VIVO Services, the W VO Licensed Content, or any copes thereof except the limited use rights granted herein <br />Z TERMS OF ACCESS TO NIr'VO SERVICES <br />2.1 You shall provide to all end-users of the WVO Services on the page through which they access such sirviees conspicuou55idiidt# of the following terms of <br />access= (a) WVO Licensed Content available through the WVO is copyrighted material, (b) end = =of the WVO Services are granted the nght to access and <br />view the W VO Licensed Content through the WVO Services for personal use only and not 5tfal purposes of arry type, (c) rmd-tsers of the WVO <br />Services are prohibited from reproducing, reselling, transferring, redistributing or 91 7 tcensed. <br />and interest (including all copyrights trademarks and other intellectual #lMfttY <br />opyri8h �Y �� �li�''�!'�4t%'. - <br />and Licensed Content ra pedis <br />belong to Pictometry or its third party suppliers, and (e) THE WVO SERVICES AND *M ED Ci $14-$ PROVIDED ON AN "AS IS", <br />AS AVAILABLE' BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICW�SED CONTENT EXPRESSLY DISCLAIM <br />ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FfrNMs FOR A PARTICULAR PURPOSE_ <br />2:2 The W VO Services, the WVO Licensed Content, and features and functionality within the VIVO Services maybe enhanced, added to, withdrawn, or otherwise <br />changed by Pictometry without notice. <br />23 You are aware and understand that any user data collected or stored by the WVO Services may be accessed by US law enforcement agencies under the US <br />PATRIOT Act You herebyrelease, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access. <br />3. DISCL4PIERS <br />3-1 The W VO Services and the WVO Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute; <br />professional engineering or surveying services. <br />32 The W VO Services and the WVO Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be .4i* <br />lieu of a professional sun ey va$uere the accuracy of measionageo s Astance, height, angle, area and volume, may have significant consequences. <br />93 All measurements and reports generated by the WVO Se W VO Licensed Cam are based rpm seoaod order vttmlizatias} altd measuu' <br />data that do not provide autlodeiiveortdefimtive measuteajiesEiaalibie farprofei�lr(iiiFengineeringair <br />M Contour information obtained isom dine W VO Services or cold intim W VO Licensed Content is generated fro nm� elevation data, is M ided <br />for mfatmational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses_ <br />33 While the WVO Services and the WVO Licensed Content may be considered useful supplements for life culigrl applications, they are not designed or, <br />mamtamed to support such applications and Pictometry and its Chad party suppliers of the WO Services and the "O Licensed Content hereby disclaim all' <br />liability for damages, claims and expenses arising from such use. <br />Sh Your reliance on the WVO Services and the WVO Licensed Content sLoald only be mdattbe abler aeind[pslit 4xevww of their accuracy, completeness, , <br />efficacy, timeliness and adequacy for your intended purpose_ <br />3`7 Pictomehy and each third party supplier of any portion of the WVO Services or t e VM Licensed Content assume no iesponsut6ility for any consequences <br />resulting from the use of the W VO Services or the WVO Licensed Content. <br />3.8 Pictouuetry and each third party supplier of any portion of the WVO Services or the W VO Licensed Content hereby disclaim all liability for damages, claims i <br />and expenses arising from or in any way related to the accuracy or availability of the W VO Services and the WVO Licensed Content. <br />3S By accepting these W VO Terms and Conditions or by using the WVO Services or the WVO Licensed Content, you waive any and all tights you may have '. <br />against Pictometry, each third party supplier of any portion of the WVO Services or the WVO Licensed Content, and each of their directors, officers, members i <br />and employees, arising out of use of or reliance upon the WVO Services or the WVO Licensed Content. <br />4. LI1111IED W+ARRAN Y <br />4.1 pis6c etryrepresents and warrants that it has the right and authority to make the WVO Services and the WVO Licensed Content available to you as authorized <br />e� W by this VO License Agreement <br />42 AS OTHERWISE PROVIDED IN SECTION 41, THE WVO SERVICES AND R'VO LICENSED CONTENT ARE PROVIDED ON AN "AS <br />7S'', "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH TH]RD PARTY SUPPLIER OF VIX0 LICENSED CONTENT EXPREMY ; <br />13TSCLAIIYI ALL OTHER WARRANTMS, INCLUDIN TME, WARRAIMM EDF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br />PURPOW_ <br />i <br />3. LIIYIITATION OF LLVBILITY <br />5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, habrld' y, or damage of any kind resulting in anyway from (a) any errors in or ; <br />omissions from the WVO Services or the WVO Licensed Content, (b) the unavailability or interruption of the A+VO Services or any features thereof or the <br />WVO Licensed Content, (c) your or any other party's use of the WVO Services or the WVO Licensed Content, (d) the loss or corruption of any data or <br />equipment in connection with the W VO Services or the WVO Licensed Content, (e) the content, accuracy, or completeness of # WtWV Content, all <br />Page 17 of 23 Indian River County, FL– 028131710 2022-03-16 GOS <br />