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1.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry.
<br />1.6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content.
<br />1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium.
<br />1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry.
<br />1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit or
<br />insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term "consumer" is defined in the United States Fair
<br />Credit Reporting Act at 15 USC § 1681.
<br />1.10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by
<br />Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human - initiated individual search and retrieval activities.
<br />1.11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in all
<br />media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the
<br />Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein.
<br />2. ACCESS TO SERVICES
<br />2.1 Only you, your employees, and temporary employees and contractors dedicated to performing work exclusively for you (each, an "Eligible User" and
<br />collectively, the "Eligible Users ") are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to
<br />be provided access to the Online Service shall be assigned a unique login /password ( "Pictometry Credential ") for purposes of accessing the Online Services. You agree
<br />that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with, or
<br />used by, any other person, including other Eligible Users. You will promptly notify Pictometry to deactivate an Eligible User's Pictometry Credential in the event the
<br />Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services. You are responsible for
<br />all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges, whether by Eligible Users or others.
<br />You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any
<br />Pictometry Credentials you suspect are lost, stolen, compromised, or misused.
<br />2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise
<br />changed by Pictometry without notice.
<br />2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US
<br />PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access.
<br />3. DISCLAIMERS
<br />3.1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute
<br />professional engineering or surveying services.
<br />3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu
<br />of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences.
<br />3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement
<br />data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes.
<br />3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided for
<br />informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses.
<br />3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained
<br />to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages
<br />claims and expenses arising from such use.
<br />3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness.
<br />efficacy, timeliness and adequacy for your intended purpose.
<br />3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences
<br />resulting from the use of the Online Services or the Licensed Content.
<br />3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims and
<br />expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content.
<br />3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have
<br />against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members and
<br />employees, arising out of use of or reliance upon the Online Services or the Licensed Content.
<br />4. LIMITED WARRANTY
<br />4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your
<br />Eligible Users as authorized expressly by this License Agreement.
<br />4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4. 1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS IS"
<br />"AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER
<br />WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />5. LIMITATION OF LIABILITY
<br />5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or
<br />omissions from the Online Services or the Licensed Content, (b) the unavailability or interruption of the Online Services or any features thereof or the Licensed
<br />Content, (c) your or an Eligible User's use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in connection with the
<br />Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of whether you received assistance in the use
<br />of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from
<br />the Internet even if retrieved or linked to from within the Online Services.
<br />5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third party
<br />supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third
<br />party supplier of any Licensed Content or third party alliance entity and their affiliates.
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