2017-05-10 CC Packet - Laserfiche WebLink

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NOW THEREFORE, in consideration of the foregoing, the District and User agree as follows: 1. Use of Modeling Tools and Products 1.1 Authorized Uses. User is granted a nonexclusive, nontransferable and nonassignable license to use the following MTP: • Geo -spatial (GIS) Data (in Centerville) • Hydrology, Hydraulics and Water Quality Data (for Centerville)_ • Survey Geodatabase (of Centerville) 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 MTP 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 MTP, or merge MTP data into other data bases, only for User's authorized purposes. User and its ACCs may operate on the MTP data using such proprietary or public software as they independently are authorized to use and may disclose or distribute the products of that operation, but may not disclose or distribute the MTP in the same or substantially the same form as received from the District. User may duplicate the MTP for use by User and its ACCs, provided the central processing units on which the MTP are maintained support only equipment operated by User and its ACCs, and the MTP 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 MTP from their place of business. 1.2 Unauthorized Uses. User and its ACCs shall not use the MTP on behalf of any individual, organization, corporation, government entity, or any other parry other than User. User's ACCs shall use the MTP only in the conduct of User's business and for User's authorized purposes. User and its ACCs shall not duplicate or disclose the MTP 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 MTP. 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 MTP. In providing to a third party any MTP or any services involving modeling or analysis using the MTP, User and its ACCs shall include the following statement in writing: "This work uses or contains water resource models andlor data that are the property of the Rice Creek Watershed District. These models and/or data may be available directly from the Rice Creek Watershed District at no charge. " 2 17