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.”
1G. Section 6.9 to the Pictometry Online Services General Terms and Conditions is deleted in its entirety.
11. Section 5 to the Pictometry Software License Agreement is deleted in its entirety and replaced with the following:
“5, LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT,
TORT OR OTHERWISE), EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALI DAMAGES (OTHER THAN AS MAY BE
REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CAUSED BY, ARISING OUT OF
OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED TWICE THE.AMOUNT PAID UNDER
THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.”
12. Section 7 C. to the Pictometry Software License Agreement is deleted in its entirety and replaced with the following:
“C. This Agreement shal! 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 referable 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.”
13. Notwithstanding anything in this Agreement {o the contrary, if any content, material, or information covered by this Agreement is
requested from the City, the City will endeavor to respond pursuant to the terms of this Agreement. Ifa claim is threatened or filed
against the City under NH RSA Chapter 91-A (“the Right-to-Know Law”) for access to said content, material, or information, the City
will notify Pictometry. Pictometry shall assume the defense of any such action and shall indemnify the City against any loss arising
out of any such action including costs and attorneys’ fees.
JEND OF NON-STANDARD TERMS AND CONDITIONS]
Page 17 of 18 City of Nashua, NH — C179899 20160603 DD-0002-20160318
