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information, data or other tangible and intangible property of its own that User regards as proprietary, <br />confidential or nonpublic. <br />2.05 Reservation of Rights. The Council shall retain all rights, title and interest in the GIS Data, <br />including the right to license to other users the GIS Data covered by this License Agreement. <br />III. License Agreement Term and Termination <br />3.01 Indefinite Term. The term of this License Agreement shall commence upon execution of this <br />License Agreement by both parties and shall be indefinite, unless terminated according to paragraph 3.02 <br />of this License Agreement. If this License Agreement is terminated by the Council, all rights to the GIS <br />Data granted to User under this License Agreement revert to the Council. <br />3.02 Termination. This License Agreement may be terminated by the Council at any time upon written <br />notice to User if User fails to comply with the terms and conditions of this License Agreement. Unless <br />terminated, this License Agreement shall remain in effect as long as User uses the GIS Data and complies <br />with the terms and conditions of this License Agreement. When User no longer has the right to use the <br />GIS Data, User either must destroy the GIS Data and provide written certification of the destruction, or <br />return the GIS Data to the Council. The Council may • terminate this License Agreement if User has <br />dissolved, liquidated or permanently terminated its operations. <br />IV. Limited Warranty and Disclaimers <br />4.01 Limited Warranty. The GIS Data provided by the Council are made available to User subject to <br />the following limitations and restrictions: <br />(a) The Council will use its best efforts to ensure the GIS Data are delivered free from physical defect. <br />The Council shall have the sole authority to determine whether the GIS Data were free from <br />physical defect at the time of delivery. User is responsible for the installation and use of the GIS <br />Data and the results or consequences obtained from User's installation or use of the GIS Data. <br />(b) The Council does not warrant that the GIS Data are error free. The GIS Data were developed for <br />the Council's own internal business purposes and the Council does not represent that the GIS Data <br />can be used for navigational, tracking or any other purpose requiring exacting measurement of <br />distance or direction or precision in the depiction of geographic features. <br />(c) The Council disclaims any other warranties, express or implied, respecting this License Agreement <br />or the GIS Data. <br />(d) THE GIS DATA, AND ASSOCIATED MANUALS, REFERENCE MATERIALS AND <br />TECHNICAL DOCUMENTATION (IF ANY), ARE PROVIDED "AS IS" WITHOUT ANY <br />SUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO THEIR <br />PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR <br />PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE <br />GIS DATA IS ASSUMED BY USER. <br />(e) THE COUNCIL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, <br />INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES OR ANY THIRD <br />PARTY CLAIMS WHICH MAY RESULT FROM THE USE OF THE GIS DATA, EVEN IF <br />THE COUNCIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL <br />LOSS OR DAMAGE. <br />4.02 Sole Remedies. User's sole and exclusive remedy for breach of these limited warranties shall be to <br />return the GIS Data to the Council within sixty (60) days of receipt. The Council shall, at its own <br />Page 29 <br />