SECTION € NON-STANDARD TERMS AND CONDITIONS
1. Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated in
this Agreement to the contrary, the terms “Eligible User” and “Eligible Users” as defined in those Online Services General Terms and
Conditions shall, for the purposes of this Agreement, also include each “Authorized User” as that term is defined in the Delivered
Content Terms and Conditions of Use incorporated in this Agreement.
2. Section 6. to the Order form is deleted in its entirety and replaced with the following:
“With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement, the
total liability of Pictometry shall, in the aggregate, be limited to twice the aggregate amount received by Pictometry pursuant to
this Agreement.”
3. The language in Section A under the heading FEES; PAYMENT TERMS is deleted in its entirety and replaced with the following:
“All amounts due to Pictometry pursuant to this Agreement (“Fees”) are expressed in United States dollars and do not include
any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or
handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer,
shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to
Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing.”
4. Section 6,3 to the Pictometry Delivered Content Terms and Conditions of Use is deleted in its entirety and replaced with the
following:
“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 two times the aggregate
amount received by Pictometry in payment for Delivered Content during the immediately preceding twenty-four (24) month
period.”
5. Section 7.2 to the Pictometry Delivered Content Terms and Conditions of Use is deleted in its entirety and replaced with the
following:
“7.2 This Agreement shall be governed and construed in accordance with the laws of the State of New Hampshire. Any action
arising out of the terms of this agreement, the work performed hereunder, or which is referahle in any way thereto shall be
brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th
Circuit Court, Nashua, New Hampshire and not elsewhere.”
6. Section 1.8 to the Pictometry Online Services General Terms and Conditions is deleted in its entirety and replaced with the
following:
“1.8 You may not knowingly use the Online Services or the Licensed Content to compete with any businesses of Pictometry.”
7, Section 1.9 to the Pictometry Online Services General Terms and Conditions is deleted in its entirety and replaced with the
following:
“1,9 You may not use information included in the Online Services or the Licensed Content to determine an individual
consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b} employment; or (c) a
government license or benefit granted by a governmental instrumentality required by law to consider an applicant’s financial
responsibility or status. The term “consumer” is defined in the United States Fair Credit Reporting Act at 15 USC §1681.”
#, Section 5.3 to the Pictometry Online Services General Terms and Conditions is deleted in its entirety and replaced with the
following:
“5.3. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE
AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED
THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR TWICE THE AMOUNT YOU PAID FOR THE ONLINE
SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR
RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST ANY COVERED PARTY.”
9. Section 6.6 to the Pictometry Online Services General Terms and Conditions is deleted in its entirety and replaced with the
following:
“6.6 This Agreement shall be governed and consirued in accordance with the laws of the State of New Hampshire. Any action
arising out of the terms of this agreement, the work performed hereunder, or which is referable in any way thereto shall be
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