08-12-1998 Council Agenda - Laserfiche WebLink

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located within the nineteen -county Metropolitan Area; all regional governmental agencies within the nineteen -county Metropolitan Area including the Metropolitan Airports Commission, the Metropolitan Sports Facilities Commission, the Metropolitan Parks and Open Space Commission, the Metropolitan Radio Board and the Metropolitan Mosquito Control Commission; two- and four -year public and private colleges and universities located within the State of Minnesota; any governmental units or bodies exercising joint powers under Minnesota Statutes section 471.59; and departments, agencies, commissions and bureaus of the State of Minnesota and the federal government which have jurisdiction within the Metropolitan Area. Any individual, organization or entity not identified in this paragraph as a "Public User" is a "Private User." 1.05 "User" means either "Private User" or "Public User" unless otherwise indicated by the context of this License Agreement. 1.06 "User Product" means data products independently developed by User which incorporates portions or all of the GIS Data into User's own data structure. II. Use of GIS Data 2.01 Authorized Uses. User. is granted a perpetual, nonexclusive right to have and use the GIS Data, provided User is complying with the terms and conditions of this License Agreement. User may use the GIS Data in the form provided by the Council for User's own internal business or organizational purposes and for no other purpose, except upon prior written consent of the Council. User may modify the GIS Data or merge the GIS Data into other data bases for User's own use. User may incorporate the GIS Data into the User's own User Products and may market, disclose or otherwise distribute such User Products provided the GIS Data are not duplicated or disclosed in the form provided to User by the Council. User may have and use the GIS Data on a corporate -wide basis and may use the GIS Data on an unlimited number of User sites, provided the central processing units on which the GIS Data are maintained support only equipment operated by User and the GIS Data are used only for the conduct of the User's own internal business purposes. User may make a reasonable number of copies, including backup copies, for User's own internal business purposes. 2.02 Unauthorized Uses. User shall not use the GIS Data on behalf of any other individual, organization, corporation, government entity, or any other third party, and shall not duplicate or disclose the GIS Data to any third parties unless such use, duplication or disclosure is expressly authorized in writing by the Council. User acknowledges and understands the Council is permitted by Minnesota law (Minnesota Statutes section 13.03, subdivision 3) to recover expenditures of public funds associated with the development of the GIS Data. User further acknowledges and understands the Council will be deprived of the opportunity to recover public funds used to develop the GIS Data if a potential licensee obtains a copy of the GIS Data from User or from any source other than the Council. 2.03 Third Party Access. If it is necessary for User to make the GIS Data available to agents, contractors, consultants or other third parties for User's business purposes, User must obtain from each agent, contractor, consultant or other third party a signed copy of the confidentiality agreement (GIS Data Base Third Party Confidentiality Agreement) which is attached to this License Agreement as Attachment A. 2.04 Data Base Security. User agrees to take all necessary and reasonable steps to ensure the GIS Data are not disclosed, duplicated or made accessible in whole or in part for the use of others, except as provided in paragraph 2.03 of this License Agreement. User agrees it will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell, disclose or otherwise make the GIS Data available to others. User agrees to immediately notify the Council by telephone and in writing if User becomes aware of any unauthorized duplication, sale or other disclosure. User further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the GIS Data and taking all steps User takes to protect Page 28