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2008-10-08 CC Packet
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2008-10-08 CC Packet
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<br />disclosure. Ucensee agrees to immediately notify the County of any unauthorized access to <br />the Pictometry Imagery. Under no circumstances may the Licensee disclose or disseminate ' <br />any Pictometry software to any other public or prlva~ entity. <br /> <br />3.2 Licensee expressly agrees not to add or attach any trademarks, trade names, logos or other <br />marks to any Plctometry Imagery. <br /> <br />Section 4 <br />TERM AND TERM'NAnoN <br /> <br />4.1 This License shall commence on the day and year first written above and continue in effect <br />until termination is hereinafter provided. <br /> <br />4.1 This agreement shall terminate upon termination and/or expiration of the County's <br />agreement with Pictometry. <br /> <br />4.3 Either party may terminate this agreement upon ninety calendar days written notice to the <br />other. <br /> <br />4.4 Within five days after expiration or termination of this agreement, the Licensee shall return <br />the Pictometry Imagery and all copies thereof to the County, or by the request of the County, <br />the licensee shall destroy all of the same and alt copies thereof and certify in writing to the <br />County that the same has been destroyed. <br /> <br />Section 5 <br />OTHER TER!'tiS A.ND CONO!T10~JS <br /> <br />5. i No Agency. The parties hereto are independent contractors. and nothing herein shan be <br />constr.;ed to create an agency, joint venture, partnership or other form of business <br />association between the parties hereto. <br /> <br />5.2 No Waiver. No delay or omission to exercise any right or power occurring upon any <br />noncompliance or default by the other party with respect to any of the terms of this <br />Agreement shall impair any such right or power or be construed to be a waiver thereof <br />unless the same is consented to in writing. Alt remedies provided for in this Agreement shall <br />be cumulative and in addition to, and not in lieu of, any other remedies available to either <br />party at law. in equity: or otherv./ise. <br /> <br />5.3 Governing Law. This Agreement shall be governed by and construed in accordance with <br />the laws of me State ()f Minnesota, <br /> <br />5.4 Entire Agreement This License Agreement constitutes the entire agreement bet'....een t"e <br />parties, and there are no understandings or agreements relative hereto other than those that <br />are expressed herein. No change, waiver, or discharge hereof shall be valid unless in <br />.....riting and executed bv the party against whom such change. waiver. or discharge ;~ S0!Jght <br />to be enforced. <br /> <br />5.5 No Assignment. The licensee shall not assign or transfer this Agreement, either in whole <br />or in part, without the prtorwritten consent of the County, and any attempt to do 50 sh~!I be <br />void and of no force and effect. <br /> <br />5,6 THE LICENSEE AGREES THAT THE COUNTY IS FURNISHING THE PICTOMETRY <br />IMAGERY ON AN 'tAS IS" BASlSf WITHOUT ANY SUPPORT WHATSOEVER, AND <br />W,rHOUT REPRESENTATION OR ANY EXPRESS OR IMPUeO WARRANTIES, <br /> <br />-2- <br />
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