Resolution 5093 - Laserfiche WebLink

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r � � � � � • 1.2 Unauthorized Uses.User and its ACC's shall not use the MCWMM data on behalf of any individual, organization,corporation,government entity,or any other party other than User. User's ACC's shall use the MCWMM data only in the conduct of User's business and for User's authorized public purposes. User and its ACC's shall not duplicate or disclose the MCWMM data to any third parties unless such use, duplication or disclosure is expressly authorizeci in writing by the District. User and its ACC's shall not charge third parties for the availability of the MCWMM data. This shall not prevent User and its ACC's from charging third parties as otherwise authorized for its software costs,staff time or other ancillary costs associated with modeling and analysis using the MCWMM data. User acknowledges that the District has declared the applicability of copyright protection to the MCWMM data. User shall conform to all legal requirements consistent with the copyright status of the data as declared by the District. 1.3 Third Party Access. If it is necessary for User to make the MCWMM data available to an outside ACC for User's authorized public purposes,User must obtain from each ACC and provide to the District a signed copy of the Watershed Management Model Third-Pariy Certification attached to and incorporated into this License Agreement as Attachment A,and must receive a written authorization from the District. 1.4 Data Security.User and its ACC's agree to take all necessary and reasonable steps to ensure the MCWMM data are not disclosed or made accessible in whole or in part to third parties except as may be authorized in this License Agreement. User and its ACC's agree they will not knowingly or negligently allow their employees or agents to copy,sell,disclose or otherwise make the MCWMM data available to others. User and its ACC's agree to immediately notify the District by telephone and in writing of any unauthorized sale or other disclosure.User and its ACC's further agree to prevent unauthorized disclosure through appropriate security measures including,but not limited to,providing physical security for copies of the MCWMM data and taking all steps that they take to protect tangible and intangible data products of � their own that they reQard as proprietary,confidential or nonpublic. • 1.5 Data Practices Act User shall treat the MCWMM data as nonpublic data not subject to public disclosure under the Data Practices Act and shall advise any requestor of the data classification accordingly. User shall notify the District immediately of any challenge to User's withholding of the MCWMM data and shall not release the MCWMM data,or any part thereof,pursuant to the Data Practices Act without written authorization from the District. 1.6 Reservation of Rights.The MCV✓MM data are the exclusive property of the District,which retains all right,title and interest in the MCWMM data, including the right to license the data to other users. Any right or remedy provided to the District in this License Agreement shall be nonexclusive and in addition to any other right or remedy available to the District in law or eyuity. 1.7 Errors and Omissions.User timely shall advise the District in writin�of any errors or omissions it finds within the MCWMM data. 1.8 Annual Report. User shall submit to the District annually by January 31 a report containing the following information: (a)a description of each change in land use, land cover and stormwater conveyancing infrastructure since the date of the previous annual report that may affect the outcome of hydrologic,hydraulic or water quality modeling within the drainage area where the change has occurred, including all information necessary for the District to maintain the currency of the MCWMM;(b)a text description of User's use of the MCVJMM data since the date of the previous annual report;and(c)the name and contact information for the User's representative(s)who may be contacted for further information regardin�the matters in the report. 2.License Agreement Term and Termination • 2