6. MSD End User License Agreement

The University of Louisville Center for GIS (ULCGIS), Department of Geography and Geosciences, has entered into a license agreement with The Louisville and Jefferson County Metropolitan Sewer District ("MSD" or "LICENSOR") acting on behalf of the Louisville and Jefferson County Information Consortium (LOJIC), which permits the University of Louisville ("UofL" or "LICENSEE") permission for employees to use the LOJIC GIS Digital Database, herein referred to as the "Data".

 

I certify that I am currently an employee of UofL, ("USER"). I understand that I am only authorized to use the Data (1) while I am an employee and (2) in accordance with the provisions outlined below, the MSD License Agreement (Appendix A) between UofL and MSD, and the Copyright, Limitation of Liability and Accuracy Statements (Appendix B) attachments.

    1. USER hereby agrees that the Data provided herein are protected by copyright laws of the United States and are furnished to the USER with all rights reserved and acknowledges and agrees with the copyright notice, limitation of liability and accuracy statements pertaining to the Data as shown on Appendix B to this agreement.

 

    1. USER further agrees that the Data provided herein will be used only for its internal non-commercial purposes and permission is expressly granted for such use and for the normal copying and reproduction of the Data necessary only for such purposes. Furthermore, USER agrees that use of the Data will only be for educational, academic and research purposes by employees. The data may not be used by the USER for Funded Research without the prior written permission of Licensor. Use of the Data for profit, private gain, or other Commercial Use is an express violation of this MSD End-User Agreement and will subject the USER to any and all remedies available in equity or law to MSD as well as payment in full for standard license fees.

 

    1. USER agrees that the Data provided herein will not be used directly or indirectly for sale; resale; solicitation; sale, rent or lease of a service or any commercial venture whatsoever. USER agrees not to provide to or permit third parties to copy, reproduce, or use said Data, or the information contained therein, or to use the Data for any other purpose whatsoever, and under any conditions whatsoever.

 

    1. USER agrees to take all reasonable steps to prevent the unauthorized use and reproduction of the Data obtained under this agreement.

 

    1. USER agrees to use the Data only on a computer which is owned or leased by UofL or a personally owned computer of the USER. USER agrees that the Data must remain under the USER’s control and that resale or other transfer of the Data is strictly forbidden.

 

    1. USER will notify the ULCGIS when, in performance of USER's normal operations, functions and duties, it finds any information in the Data that is not correct or appears to be in error. This will ensure that the accuracy and reliability of the Data is of the highest quality. The ULCGIS will then forward this information to MSD who will decide the course of action to take, if any, in this matter. In addition, any questions concerning the DATA will be addressed directly to the technical support personnel listed in this document and not to persons at MSD or LOJIC. USER will also provide on an annual basis a report describing the LOJIC GIS data used for that year, including the types of products and services produced using the LOJIC GIS.

 

    1. USER will credit MSD and LOJIC on all map products and issue the following standard copyright clause on all maps, graphic display, reports and other products derived from USERS use of the DATA. Copyright clause follows:

Copyright (c) 2000, LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT (MSD)and LOUISVILLE WATER COMPANY (LWC)All Rights Reserved.

Louisville/Jefferson County Information Consortium (LOJIC), a Jefferson County, Kentucky, based cooperative project of:City of Louisville, Jefferson County, Metropolitan Sewer District, Property Valuation Administrator, Louisville Water Company

No part of this map may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, except as expressly permitted in writing by MSD.

 

    1. A representative of the LICENSEE's Center for GIS expressly reserves the right at all reasonable times to enter into and upon the property of USER for the purpose of inspecting any computer equipment, software, databases, and any other products and materials associated with and connected to the LOJIC GIS.

 

    1. This End-User License Agreement is terminated (1) should USER’s relationship as an employee with UofL end, (2) the MSD License Agreement be terminated in accordance with section 4.02 of the MSD License Agreement, or (3) by USER’s failure to abide by the provisions of this MSD End-User License Agreement. USER acknowledges that his/her authorization to continue use of the Data ceases at this time. USER agrees to remove any and all copies of the Data from USER’s computer system and to not thereafter use the Data (unless USER has obtained a valid license to use the Data from MSD.

 

    1. USER acknowledges and agrees that LOJIC only provides a limited warranty for the DATA and that neither UofL nor LOJIC provides a warranty for the DATA. (See Article 8 of the MSD License Agreement.) UofL is providing the DATA to USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither UofL nor LOJIC will be liable for ANY INDIRECT, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES RELATED TO THE USE BY USER OF THE SOFTWARE, DATA, OR RELATED MATERIALS, ALONE OR IN ANY COMBINATION, EVEN IF UOFL OR ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

 The following Attachments are included as a part of this End-User License Agreement:

           Appendix A: MSD License Agreement

           Appendix B: Copyright, Limitation of Liability and Accuracy Statements

Agreed to:________________________________

User Signature ____________________________     Date_______________

User Name (Print name) _______________________

E-mail Address______________________________

Address___________________________________                                  

Work Phone________________ Home Phone_________________

Department/Unit________________________________

Purchasing Account Number______________________                            

Account Name_________________________ 

Computer on which Programs to be installed( Mfgr/Model Serial Number/UofL Asset Tag Number):

 

 

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