Resolution 5093 - Laserfiche WebLink

Home Browse Search

. � c� o � � • LICENSE AGREEMENT MINNEHAHA CREEK WATERSHED MANAGE�IENT MODEL Licensee: City of Orono THIS LICENSE AGREEMENT is entered into by the Minnehaha Creek Watershed District("District"), a political subdivision of the State of Minnesota,and The City of Orono("User"). WHEREAS the District has developed a model consisting of geographic-based data that may be used to determine hydrologic,hydraulic and water quality conditions at all specific points within the watershed under specified land use and land cover scenarios("Minnehaha Creek«'atershed Management Model,"or MCWMM); WHEREAS the MCWMM has been developed for application to watershed-wide planning as well as to � the evaluation of the local consequences of development or public infrastructure projects; WHEREAS the MCWNIM has been developed with public resources,and it is the District's intent that the MCWMM be made available to other public bodies to provide the greatest public benefit for purposes of water resource planning,management and protection; WHEREAS the District finds that wide usage of the MCWMM by public bodies within the watershed has watershed-wide benefit,wishes to promote such use,and therefore has determined not to charge other public bodies for use of the MCWMM; WHEREAS the District and User have a shared interest in the District's maintenance of current geographic-based data within the MCV✓MM so that the MCWMM continues to reflect existing conditions at the time of use;and ' • WHEREAS the District has determined that the MCWMM data are classified as"trade secret information,"nonpublic data and otherwise data not subject to disclosure under the Minnesota Data Practices Act,Minnesota Statutes Chapter 13; NOW THEREFORE, in consideration of the foregoing,the District and User agree as follows: 1. Use of MCWMM Data 1.1 Authorized Uses.User is granted a nonexclusive,nontransferable and nonassignable license to use the MCWMM. This license shall be in effect only during compliance by User and its agents,consultants and contractors(ACC's)with the terms and conditions of this License Agreement. User and,pursuant to section 13, its ACC's may use the MCWMM in the form pro'vided by the District for User's own authorized public purposes and for no other purpose.User and its ACC's may modify or�ansfer the MCWMM data,or merge the MCWMM data into other data bases,only for User's authorized public purposes. User and its ACC's may operate on the MCWMM data using such proprietary or public software as it independently is authorized to use and may disclose or distribute the products of that operation,but it may not disclose or distribute the MCWMM data in the same or substantially the same form as received from the District. User may duplicate the MCWMM data for use by User and its ACC's,provided the central processing units on which the MCWMM data are maintained support only equipment operated by User and its ACC's, and the MCWMM data are used only for User's own authorized public purposes. Except for off-site backup pursuant to established procedures,User and its ACC's shall not remove the MCWMM data from their place of business. � 1