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3. AUTHORIZED USE OF LICENSED GIS DATA. <br /> A. Licensee must restrict access to the GIS Data to those employees or agents <br /> assigned the responsibility for use of the GIS Data in connection with the Project. <br /> Licensee must take all commercially reasonable actions to prevent access to the GIS <br /> Data by unauthorized persons. <br /> B. Except as authorized by this Agreement, Licensee agrees that no part of the <br /> GIS Data may be reproduced, or stored in a retrieval system, or transmitted in any form, <br /> whether electronic, mechanical, or otherwise, without the City's prior written consent; <br /> provided, however, that Licensee is authorized to make backup copies of the GIS Data <br /> solely for archival purposes. <br /> C. Licensee's use of the GIS Data is authorized by City exclusively for <br /> Licensee's completion of the Project described in this Agreement, and not for additions <br /> to this Project or completion of this Project by others. <br /> D. Use of the GIS Data for any purpose not expressly authorized by this <br /> Agreement requires the execution of a separate agreement with the City, or a written <br /> modification of this Agreement. <br /> E. Licensee agrees that it shall not solicit for sale, sell, loan, rent, lease, <br /> sublicense, donate, or share with unauthorized third parties the licensed GIS Data. <br /> 4. SPECIAL TERMS AND CONDITIONS. <br /> A. City makes no representations concerning the compatibility of the GIS Data <br /> with any hardware or software used by Licensee. <br /> B. City makes no representations concerning the accuracy or inclusiveness of <br /> the licensed GIS Data, nor their fitness for a particular purpose. <br /> C. All licensed GIS Data are and will remain the City's property. <br /> D. City has no obligation to provide updates to the licensed GIS Data. The <br /> delivery of any updated GIS Data is subject to the execution of a separate agreement <br /> by the parties, or a written modification of this Agreement. <br /> E. Licensee assumes all responsibility for verifying the accuracy of the GIS <br /> Data and for safeguarding against unintended or inappropriate use of the GIS Data. <br /> F. Licensee will assist the City in enhancing the reliability of the GIS Data by <br /> providing to the City information concerning any errors or discrepancies that are <br /> discovered while using the GIS Data. <br /> 2 <br />