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User acknowledges that the District has declared the applicability of copyright protection <br />to the MTP. User shall conform to all legal requirements consistent with the copyright <br />status of the data as declared by the District. <br />1.3 Third Party Access. If it is necessary for User to make the MTP available to an <br />outside ACC for User's authorized purposes, User must obtain from each ACC and <br />provide to the District a signed copy of the Modeling Tools and Products License <br />Agreement Third -Party Certification attached to and incorporated into this License <br />Agreement as Attachment A, and must receive a written authorization from the District. <br />Under the Third -Party Certification, ACCs are subject to all terms and obligations of this <br />License Agreement to the same extent as such terms and obligations apply to User. <br />1.4 Data Security. User and its ACCs agree to take all necessary and reasonable steps to <br />ensure the MTP are not disclosed or made accessible in whole or in part to third parties <br />except as may be authorized in this License Agreement. User and its ACCs agree they <br />will not knowingly or negligently allow their employees or agents to copy, sell, disclose <br />or otherwise make the MTP available to others. User and its ACCs agree to immediately <br />notify the District by telephone and in writing of any unauthorized sale or other <br />disclosure. User and its ACCs further agree to prevent unauthorized disclosure through <br />appropriate security measures including, but not limited to, providing physical security <br />for copies of the MTP and taking all steps that they take to protect tangible and intangible <br />data products of their own that they regard as proprietary, confidential or nonpublic. <br />1.5 Data Practices Act. User shall treat the MTP as nonpublic data not subject to public <br />disclosure under the Minnesota Data Practices Act and shalt advise any requestor of the <br />data classification accordingly. User shall notify the District immediately of any <br />challenge to User's withholding of the MTP and shall not release the MTP, or any part <br />thereof, pursuant to the Data Practices Act without written authorization from the <br />District. <br />1.6 Reservation of Rights. The MTP are the exclusive property of the District, which <br />retains all right, title and interest in the MTP, including the right to license the MTP to <br />other users. Any right or remedy provided to the District in this License Agreement shall <br />be nonexclusive and in addition to any other right or remedy available to the District in <br />law or equity. <br />1.7 Errors and Omissions. User timely shall advise the District in writing of any errors <br />or omissions it finds within the MTP. This includes but is not limited to advising the <br />District of new or omitted data of which User or its ACCs are aware, as well as of <br />changes to the physical environment at a scale that would be recognized by the MTP. <br />3 <br />18 <br />