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ONLINE DATABASE LICENSE AGREEMENT

IMPORTANT! The Geographic Information System ("GIS") database you seek to use is licensed by the County of Lancaster - Geographic Information System ("County") only on the condition that you ("You") agree with the County's terms and conditions set forth below. PLEASE CAREFULLY READ THE TERMS OF THIS DATABASE LICENSE AGREEMENT.

IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE BOX AT THE BOTTOM OF THIS PAGE LABELED "I ACCEPT" AT WHICH TIME YOU WILL BE GRANTED ACCESS TO THE DATABASE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE BOX AT THE BOTTOM OF THIS PAGE LABELED "I DO NOT ACCEPT" AT WHICH TIME YOU WILL RETURN TO THE PRIOR WEB PAGE WITHOUT BEING GRANTED ACCESS TO THE DATABASE.

County grants to You a license to use the Database provided on County of Lancaster's Geographic Information System Web site ("Web site") under the following terms and conditions:

TERMS AND CONDITIONS

1. Definitions. As used in this Agreement:

(a) "Database" means the GIS Database which You will be granted access to via this Web site and all information contained therein.

(b) "Effective Date" means the date on which You click the "I ACCEPT" button on the bottom of this page and are granted access to the Database.

2. License.

(a) The County hereby grants You a nonexclusive, nontransferable license to use the Database, subject to the terms and conditions of this Agreement. The Database will be deemed in use as of the Effective Date. Title to and all rights in the Database are and shall remain at all times with the County.

(b) You may choose to access and use online or to download one or more data sets as offered and listed by the County at its Web site. However, the Database is not intended to be a source for bulk downloads of GIS data. Bulk data may be obtained by purchasing CD Roms from the County at cost (contact the County). If You deny service to the general public by generating unusually high numbers of requests You may be denied access to the Database without notice. The County reserves the right, in its sole discretion, to impose time and/or size limitations to Your use of the Database.

(c) You may not distribute or re-distribute the Database to others unless the County gives its written consent to You to do so in a separate agreement for distribution rights entered into between You and the County. (Contact the County concerning this separate agreement.)

3. Term. This Agreement shall begin on the Effective Date.

(a) This Agreement may be terminated by You at any time by destroying the licensed Database information which You have downloaded and notifying the County in writing of Your termination of the Agreement. Upon termination of this Agreement You must purge all portions of the Database from Your computer(s).

(b) This Agreement automatically terminates without notice if You fail to comply with any term or condition of this Agreement.

(c) The County, in its sole discretion, may cease to offer to license the use of the Database at any time in the future, and upon the occurrence of such event, this license will automatically terminate.

(d) Sections 5, 6, and 7 shall survive termination of this Agreement.

4. Use. You may use the Database solely in the furtherance of Your internal business operations. In no event may You copy, distribute, transfer (electronically or otherwise), sublicense, create derivative works from and/or modify, rent or re-sell the Database, or any portion thereof, or in any way operate as a service bureau with respect to the Database; provided that this restriction shall not apply to individual items of information which are publicly available. You shall be solely responsible for acquiring the appropriate third party software and licenses needed to access the Database (the "Software"). You agree to notify the County of any errors in the Database which You discover.

5. Disclaimer of Warranty. The information contained in the Database is not guaranteed and neither the County, nor its sources of information will be liable to You for any loss or damage based on any errors or omissions therefrom. The information from the Database is subject to the following exclusion of warranty:

THE COUNTY AND ITS SOURCES OF INFORMATION DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATABASE OR THE MEDIA ON WHICH THE DATABASE INFORMATION IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY THE ACTS OR OMISSIONS OF THE COUNTY, ITS PERSONNEL OR THE COUNTY'S SOURCES OF INFORMATION, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION OR SERVICES. THE COUNTY IS PROVIDING THE DATABASE TO YOU WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DATABASE IS PROVIDED "AS IS".

You acknowledge that:

(a) The County does not warrant the accuracy or completeness of the information contained in the Database;

(b) The County does not warrant that the operation of the Database or the County's Web site will be uninterrupted or error free;

(c) The information contained in the Database changes constantly.

6. No Liability. IN NO EVENT WILL THE COUNTY, ITS PERSONNEL OR THE COUNTY'S SOURCES OF INFORMATION BE LIABLE TO YOU OR ANY THIRD PARTY, IN ANY FORM OF ACTION, FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF THE COUNTY, ITS PERSONNEL OR THE COUNTY'S SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE COUNTY SHALL INCUR NO LIABILITY TO YOU OR TO ANY THIRD PARTY WITH RESPECT TO THE DATABASE OR YOUR USE OF THE DATABASE OR THE INFORMATION CONTAINED THEREIN. THE COUNTY SHALL IN NO EVENT HAVE ANY RESPONSIBILITY FOR, OR LIABILITY TO YOU WITH RESPECT TO, ANY DAMAGE TO YOUR DATA, EQUIPMENT OR SOFTWARE, OR ANY FORM OF PERSONAL INJURY OR PROPERTY DAMAGE.

7. Indemnification. You agree to indemnify and hold the County harmless from and against any loss, cost, damage or expense, including reasonable attorneys' fees, resulting from or related to any claim or action which relates to (i) Your use of the Database or (ii) this Agreement.

8. General.

(a) This Agreement may not be assigned or transferred by You without the prior written consent of the County.

(b) This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of law provisions. Venue for any action related to this Agreement shall be the Court of Common Pleas, Lancaster County, Pennsylvania.

(c) If any provision or a portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.

(d) Neither party hereto shall be liable in any manner for failure or delay in fulfillment of all or part of this Agreement directly or indirectly due to any causes or circumstances beyond its reasonable control, including but not limited to, acts of God.

(e) This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications between the parties. This Agreement may be amended only by a writing signed by both parties.

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