5.1 Use of Pictametry’s Marks. You agree not to attach any additional tademarks, trade names, logos or designations to any Delivered Content or to any copies
of any Delivered Content without prior written approval from Pictometry. You may, however, include an appropriate government seal and your contact
information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree thai you will not use any
Pictometry trademark, trade name, logo, or designation in connection with any product or service other than the Delivered Content. Your nonexclusive right
to use Pictometry’s trademarks, trade name, logos, and designations arc coterminous with the license granted to you in the Delivered Content Terms.
§.2 Confidentiality of Delivered Content, The Delivered Content consists of commercially valuable, proprietary products owned by Pictometry, the design and
development of which reflect an investment of considerable time, effort, and money. The Delivered Content is treated by Pictometry as confidential and
contains substantial trade secrets of Pictometry. You agree that you will not disclose, provide a copy of, or disseminate the Delivered Content‘(other than as
expressly permitted in the Delivered Content Terms and Conditions) or any part thereof to any person in any manner or for any purpose inconsistent with the
license granted to you in the Delivered Content Terms and Conditions. You agree to use your best efforts to assure that your personnel, and any others afforded
access to the Delivered Content, protect the Delivered Content against unauthorized use, disclosure, copying, and dissemination, and that access to the
Delivered Content and each part thereof will be strictly limited.
6. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
6.1. Limited Warranties; Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as
of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty, Pictometry shall use reasonable efforts to correct any
deficiency that precludes use of the Delivered Content in the manner intended.
6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1, above, THE DELIVERED CONTENT 18 PROVIDED TO YOU "AS IS" AND “WITH
ALL FAULTS.” PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR
STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY,
FIFNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY.
6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content, the
total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry in payment for Delivered Content during the
immediately preceding twenty-four (24} month period.
7. MISCELLANEOUS PROVISIONS
7.1 Restricted Rights, Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is
provided with “Restricted Rights” as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data-
General, including Alternate III, as applicable.
7.2. Governing Law. This License Agreement shal] be governed by and interpreted in accordance with the laws of the State of New York, excluding its
conflicts of law principles.
[END OF DELIVERED CONTENT TERMS AND CONDITIONS]
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