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State of Washington
<br />Consolidated Technology Services
<br />Statewide Imagery Consortium Group
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<br />of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the
<br />Disclosing Party to those of its and its affiliates’ employees and contractors who need that access for purposes consistent with this Agreement
<br />and who are under confidentiality obligations with the Receiving Party not materially less protective than those herein. The Receiving Party
<br />shall destroy Confidential Information in its possession upon termination of this agreement. Nothing in this section grants rights to Geospatial
<br />Data greater than those set forth in section 1 of this Agreement.
<br />The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the
<br />Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance,
<br />at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
<br />Fees and Taxes. The ordering web page sets forth the fees, subscription term and other terms related to access and use of the Geospatial
<br />Data, and is hereby incorporated into, and forms a part of, this Agreement. Fees are exclusive of all applicable sales, use, value
<br />added, GST, and other taxes (and all applicable tariffs, customs duties and similar charges), and you will be responsible for payment
<br />of all such taxes (other than taxes based on the net income of Hexagon), tariffs, duties and charges (and any related penalties and
<br />interest), payable in connection with this Agreement or the provision of Services hereunder. The total invoice amount for fees is
<br />subject to increase by the amount of any taxes which Hexagon is required to pay and/or which you are required to withhold, collect
<br />or pay upon the fees so that Hexagon receives the full amount of the fees invoiced. If you are claiming tax exemption status, you
<br />must provide a copy of a valid tax exemption certificate.
<br />Restrictions. The Geospatial Data and Services may only be used by the Authorized End User or by individual users authorized in writing by
<br />Hexagon, and not by any other party, whether or not affiliated with the Authorized End User. Except as otherwise expressly
<br />provided in this End User Access Agreement, no part of the Geospatial Data, the Services or products derived therefrom, or any
<br />right granted under this Agreement may be copied, sold, rented, leased, lent, sub-licensed, disclosed, or transferred to any other
<br />person or entity. The Authorized End User shall not use any part of the Geospatial Data or the Services to develop or derive any
<br />other product or service for distribution, disclosure, or commercial sale, whether by hardcopy, digital medium or web service, without
<br />a license specifically authorizing it to do so, with the understanding that no such right is granted under this Agreement except in
<br />connection with Your Work, which your customers may use for internal purposes, strictly as provided in paragraph 1. You have no
<br />other rights to the Geospatial except as expressly set forth in paragraph 1 or the ordering web page. Without limiting the foregoing,
<br />you may not re-sell or re-distribute or give access to the Geospatial Data as a web service. You may not use the Geospatial Data
<br />in connection with a service bureau or for time-sharing purposes or in any other way allow third parties to exploit the Geospatial
<br />Data, except your customers as specifically authorized by this End User Access Agreement. You shall not provide passwords or
<br />other log-in information to any third party, except as specifically authorized by this End User Access Agreement. The Authorized
<br />End User acknowledges that the Geospatial Data and Services contain and embody proprietary materials, valuable data, trade
<br />secrets, and copyrights of Hexagon and its licensors and suppliers. Unauthorized reproduction, modification, distribution, or display
<br />of the Geospatial Data or the Services in whole or in part, and in any manner not expressly authorized in this Agreement, are
<br />prohibited. The Authorized End User shall keep confidential and use its best efforts to protect the Geospatial Data and the Services
<br />and prevent their unauthorized disclosure or use. The Authorized End User shall immediately notify Hexagon upon discovering
<br />evidence of a current or threatened misuse or unauthorized use or disclosure of the Geospatial Data or Services by any party. The
<br />Authorized End User may not modify, distort, disassemble, decompile or in any way attempt to reverse engineer the Services or
<br />any software provided as part of the Geospatial Data or the Geospatial Data itself. Each Authorized End User shall comply with
<br />the Acceptable Use Policy.
<br />The Authorized End User may not transfer the Geospatial Data to or store the Geospatial Data or the Services in any electronic network for
<br />use by more than the number of users authorized in writing by Hexagon, unless it obtains prior written permission from Hexagon and pays
<br />associated additional fees.
<br />If the Authorized End User is a federal, provincial, state or local government agency, the Geospatial Data is licensed solely to the particular
<br />agency and not to any other government agency unless explicit authorization has been received from Hexagon.
<br />Evaluation Access. Hexagon may grant a right to access the Services during an evaluation period. In addition to the restrictions set forth
<br />above, Authorized End Users, during an evaluation period, shall use the Services for evaluation only, and shall not use the Services
<br />for any commercial or profit-making activity, including, but not limited to, non-revenue commercial activities such as marketing, bid
<br />submission, and promotion. Upon termination of the evaluation period, the Authorized End Users shall return or destroy all
<br />Geospatial Data and any reports, documents or files incorporating the Geospatial Data.
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