2010-024 Council Resolution - Laserfiche WebLink

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• 1.4 Data Security. User and its ACCs agree to take all necessary and reasonable steps to ensure the LiDAR products are not disclosed or made accessible in whole or in part to third parties except as may be authorized in this License Agreement. User and its ACCs agree they will not knowingly or negligently allow their employees or agents to copy, sell, disclose or otherwise make the LiDAR products available to others. User and its ACCs agree to immediately notify the District by telephone and in writing of any unauthorized sale or other disclosure. User and its ACCs further agree to prevent unauthorized disclosure through appropriate security measures including, but not limited to, providing physical security for copies of the LiDAR products and taking all steps that they take to protect tangible and intangible data products of their own that they regard as proprietary, confidential or nonpublic. 1.5 Data Practices Act. User shall treat the LiDAR products as nonpublic data not subject to public disclosure under the Minnesota Data Practices Act and shall advise any requestor of the data classification accordingly. User shall notify the District immediately of any challenge to User's withholding of the LiDAR products and shall not release the LiDAR products, or any part thereof, pursuant to the Data Practices Act without written authorization from the District. 1.6 Reservation of Rights. The LiDAR products are the exclusive property of the District, which retains all right, title and interest in the LiDAR products, including the right to license the LiDAR products to other users. Any right or remedy provided to the District in this License Agreement shall be nonexclusive and in addition to any other right or remedy available to the District in law or equity. 1.7 Errors and Omissions. User timely shall advise the District in writing of any errors or omissions it finds within the LiDAR products. 2. License Agreement Term and Termination 2.1 Term. The term of this License Agreement shall commence upon execution of this License Agreement by both parties and shall end on the January 31 first following commencement. Notwithstanding, the License Agreement shall renew automatically from year to year. 2.2 Termination. Notwithstanding section 2.1, the District may terminate this License Agreement at any time on written notice to User if User fails to comply with the terms and conditions of this License Agreement. The District or User may terminate the License Agreement without cause on 30 -day notice to the other party. 2.3 Return or Destruction of LiDAR Products. When this License Agreement has been terminated, User must either destroy all copies of the LiDAR products and provide to the District written certification of the destruction, or return all copies of the LiDAR products to the District. 3