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2017-05-10 CC Packet
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2017-05-10 CC Packet
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9/6/2017 4:19:33 PM
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NOW THEREFORE, in consideration of the foregoing, the District and User agree as <br />follows: <br />1. Use of Modeling Tools and Products <br />1.1 Authorized Uses. User is granted a nonexclusive, nontransferable and nonassignable <br />license to use the following MTP: <br />• Geo -spatial (GIS) Data (in Centerville) <br />• Hydrology, Hydraulics and Water Quality Data (for Centerville)_ <br />• Survey Geodatabase (of Centerville) <br />This license shall be in effect only during compliance by User and its agents, consultants <br />and contractors (ACCs) with the terms and conditions of this License Agreement. User <br />and (pursuant to section 1.3) its ACCs may use the MTP in the form provided by the <br />District for User's own authorized purposes and for no other purpose. User and its ACCs <br />may modify or transfer the MTP, or merge MTP data into other data bases, only for <br />User's authorized purposes. User and its ACCs may operate on the MTP data using such <br />proprietary or public software as they independently are authorized to use and may <br />disclose or distribute the products of that operation, but may not disclose or distribute the <br />MTP in the same or substantially the same form as received from the District. <br />User may duplicate the MTP for use by User and its ACCs, provided the central <br />processing units on which the MTP are maintained support only equipment operated by <br />User and its ACCs, and the MTP are used only for User's own authorized purposes. <br />Except for off-site backup pursuant to established procedures, User and its ACCs shall <br />not remove the MTP from their place of business. <br />1.2 Unauthorized Uses. User and its ACCs shall not use the MTP on behalf of any <br />individual, organization, corporation, government entity, or any other parry other than <br />User. User's ACCs shall use the MTP only in the conduct of User's business and for <br />User's authorized purposes. User and its ACCs shall not duplicate or disclose the MTP <br />to any third parties unless such use, duplication or disclosure is expressly authorized in <br />writing by the District. <br />User and its ACCs shall not charge third parties for the availability of the MTP. This <br />shall not prevent User and its ACCs from charging third parties as otherwise authorized <br />for its software costs, staff time or other ancillary costs associated with modeling and <br />analysis using the MTP. In providing to a third party any MTP or any services involving <br />modeling or analysis using the MTP, User and its ACCs shall include the following <br />statement in writing: <br />"This work uses or contains water resource models andlor data that are the <br />property of the Rice Creek Watershed District. These models and/or data may be <br />available directly from the Rice Creek Watershed District at no charge. " <br />2 <br />17 <br />
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