2010-024 Council Resolution - Laserfiche WebLink

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• • • 1. Use of LiDAR Products 1.1 Authorized Uses. User is granted a nonexclusive, nontransferable and nonassignable license to use the LiDAR products. This license shall be in effect only during compliance by User and its agents, consultants and contractors (ACCs) with the terms and conditions of this License Agreement. User and, pursuant to section 1.3, its ACCs may use the LiDAR products in the form provided by the District for User's own authorized purposes and for no other purpose. User and its ACCs may modify or transfer the LiDAR products, or merge the LiDAR products into other data bases, only for User's authorized purposes. User and its ACCs may operate on the LiDAR products using such proprietary or public software as it independently is authorized to use and may disclose or distribute the products of that operation, but it may not disclose or distribute the LiDAR products in the same or substantially the same form as received from the District. User may duplicate the LiDAR products for use by User and its ACCs, provided the central processing units on which the LiDAR products are maintained support only equipment operated by User and its ACCs, and the LiDAR products are used only for User's own authorized purposes. Except for off-site backup pursuant to established procedures, User and its ACCs shall not remove the LiDAR products from their place of business. 1.2 Unauthorized Uses. User and its ACCs shall not use the LiDAR products on behalf of any individual, organization, corporation, government entity, or any other party other than User. User's ACCs shall use the LiDAR products only in the conduct of User's business and for User's authorized purposes. User and its ACCs shall not duplicate or disclose the LiDAR products to any third parties unless such use, duplication or disclosure is expressly authorized in writing by the District. User and its ACCs shall not charge third parties for the availability of the LiDAR products. This shall not prevent User and its ACCs from charging third parties as otherwise authorized for its software costs, staff time or other ancillary costs associated with modeling and analysis using the LiDAR products. User acknowledges that the District has declared the applicability of copyright protection to the LiDAR products. User shall conform to all legal requirements consistent with the copyright status of the data as declared by the District. 1.3 Third Party Access. If it is necessary for User to make the LiDAR products available to an outside ACC for User's authorized purposes, User must obtain from each ACC and provide to the District a signed copy of the LiDAR Products License Agreement Third -Party Certification attached to and incorporated into this License Agreement as Attachment A, and must receive a written authorization from the District. Under the Third -Party Certification, ACCs are subject to all terms and obligations of this License Agreement to the same extent as such terms and obligations apply to User. 2