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with this Agreement.
<br />8.3 Electronic and Other Publishing. Except as provided in Article 3.1 of this Agreement, Licensee is specifically prohibited from publishing any Licensed
<br />Products (other than Licensed Images) in any way, whether separately or as part of any other publication. For these purposes, publishing includes, making
<br />available on the Internet or World Wide Web or any other general access electronic network, method or medium.
<br />8.4 Confidentiality of Licensed Products. The Licensed Products are commercially valuable, proprietary products owned by Pictometry, the design and
<br />development of which reflect an investment of considerable time, effort, and money. The Licensed Products are treated by Pictometry as confidential and
<br />contain substantial trade secrets of Pictometry. Licensee agrees that it will not disclose, provide a copy of, or disseminate the Licensed Products (other than
<br />Licensed Images) or any part thereof to any person who does not need to obtain access thereto consistent with Licensee's rights and obligations under this
<br />Agreement. Licensee agrees to use its best efforts to assure (a) that all its personnel, and any others afforded access to the Licensed Products, will protect the
<br />Products against unauthorized use, disclosure, copying, and dissemination, and (b) that access to the Licensed Products and each part thereof will be strictly
<br />limited. Licensee understands that Pictometry does not disclose source code and Licensee agrees that it will take all reasonable actions to assure that
<br />persons who might access the Licensed Software will not "unlock" or "reverse engineer" any part of the Licensed Software so as to find or uncover the
<br />source code or other trade secrets included therein.
<br />9. ARTICLE - LIMITED WARRANTY; DISCLAIMER OF WARRANTIES; LIMITED REMEDIES
<br />9.1 Limited Warranties. Pictometry warrants that the Licensed Images and the Licensed Products installed by Pictometry on any Authorized Workstation
<br />supplied by Licensee pursuant to this Agreement will be true and usable copies as of the date of capture. Upon notice to Pictometry of any breach of that
<br />warranty, Pictometry will use its reasonable efforts to correct the problem so as to allow the Licensed Products to produce Images and related data that are
<br />usable for the general purposes intended. The foregoing warranty is the sole and exclusive warranty that Pictometry makes with respect to the Licensed
<br />Products, and the remedy set forth above is the sole and exclusive remedy for breach of that warranty.
<br />9.2 Disclaimer of Other Warranties. Except as provided in Section 9.1 above, EACH OF THE LICENSED PRODUCTS IS PROVIDED TO LICENSEE "AS
<br />IS" AND "WITH ALL FAULTS ". PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS,
<br />IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE,
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT, ARE HEREBY DISCLAIMED AND
<br />EXCLUDED BY PICTOMETRY.
<br />9.3 Limitations and Exclusions of Remedies. The remedy set forth in Section 9.1 is the sole and exclusive remedy provided for breach of the warranty given.
<br />With respect to any other claims that Licensee may have at any time against Pictometry on any matter relating to this Agreement, or the installation,
<br />operation, design, distribution, or use of the Licensed Products, the total liability of Pictometry shall in the aggregate be limited to the aggregate amounts of
<br />money that Licensee has paid to Pictometry under this Agreement. In addition, because of scheduling and other considerations in preparing current Licensed
<br />Images, Pictometry cannot assure delivery of the Licensed Products on a specified delivery date, and Pictometry shall not be liable for any such late delivery
<br />except in a case of its gross negligence or willful misconduct. IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION
<br />OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED PRODUCTS, OR IMAGES (INCLUDING UNDER
<br />THEORIES INVOLVING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR
<br />FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR
<br />BY ITS CUSTOMERS OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br />9.4 Imagery Specifications. Ground Sample Distance ( "GSD ") may be affected by Air Traffic Control or terrain restrictions. Images shall have an
<br />unobstructed view of the ground. In controlled airspace around airports (and other areas) and in areas of rapid elevation changes, the image footprint sizes
<br />and resolutions may vary. There may be varying degrees of ground illumination and color variations due to lighting and cloud shadows. Pictometry's
<br />Orthogonal images provide the coordinate accuracy fulfilling most planemetric requirements. Pictometry data, however, are not intended for authoritative or
<br />definitive mapping or surveying replacement. If there is a need for authoritative mapping products, additional work is required by licensed individuals in
<br />order to certify Pictometry's orthogonal imagery.
<br />10. ARTICLE - GENERAL
<br />10.1 Rights of Others. This Agreement is solely intended to provide rights to and be enforceable by Pictometry and Licensee (including its Authorized
<br />Subdivisions). No other person shall acquire or enforce any rights or any representations or warranties given under this Agreement.
<br />10.2 Waiver. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind.
<br />10.3 Notices. All notices and demands hereunder shall be in writing and shall be delivered by personal service, mail, courier service, or confirmed facsimile
<br />transmission at the address of the receiving party set forth in this agreement (or at such different address as may be designated by one party by written notice
<br />to the other). All notices or demands by mail shall be sent by certified or registered United States mail, return receipt requested, and all notices and demands
<br />shall be deemed complete upon receipt.
<br />10.4 Export Control. Licensee agrees to comply fully with the export laws and regulations of the United States Government with respect to the Licensed
<br />Products supplied by Pictometry. Accordingly, Licensee agrees that all technical data, software, or other information or assistance (other than publicly
<br />available information) furnished by Pictometry, and any product thereof, shall not be re- exported by Licensee, or its authorized transferees, if any, directly or
<br />indirectly from the United States unless explicitly permitted by U.S. export control laws and regulations. These obligations of the Licensee shall survive any
<br />satisfaction, termination, or discharge of this Agreement.
<br />10.5 Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be
<br />unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force
<br />and effect.
<br />10.6 Force Majeure. Pictometry shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Pictomerry's reasonable
<br />control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failure to obtain
<br />export licenses or shortages or delays of transportation, facilities, fuel, energy, supplies, labor or materials. In the event of any such delay, Pictometry may
<br />defer the delivery of Licensed Products for a period equal to the time of the delay.
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