Effective before July 8, 2020
1. No Periodic Data Allowance –Periodic Data Allowance will not apply to the use of the 3D Export Product.
2. Export Allowance –
(a) The 3D Export Product includes an allocated Export Allowance that may be used by the Licensee to select an area within the Coverage Area to export from the Website into available 3D format.
(b) Each time the Licensee exports an area into 3D format, the area will count towards reducing the Licensee’s Export Allowance.
(c) The types of 3D format available for export will be at Nearmap’s sole discretion.
(d) Unused Export Allowance will not be rolled over to the next Period.
(e) The Licensee will not be able to export an area into 3D format where its’ Export Allowance remaining at the time of executing an export is less than the area for exporting.
3. Export Restrictions – The Licensee acknowledges that certain export restrictions apply to the 3D Export Product, such as a minimum export area size and a maximum export area size, which are specified in the relevant Nearmap documentation from time to time.
4. Retaining 3D data – Notwithstanding any other sections in the Agreement, the Licensee may store 3D data exported from the Website to be used for the Permitted Purposes, and the Licensee may continue to retain any such exported 3D data until the Agreement expires or is terminated, at which point the sections in the Agreement requiring the Licensee to delete, destroy or return to Nearmap all Products and section 5 of these Product-Specific Terms apply.
5. Top Up Blocks – If the Licensee is about to exceed its Export Allowance, the Licensee may purchase additional Top Up Blocks. The Top Up Blocks purchased will only be added to the Licensee’s usage account once payment has been made within the payment term specified on the invoice.
6. Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all 3D Export Products provided under this Agreement.
7. Third Party Access – The Licensee is permitted to make the exported 3D data available to third party contractors that are providing visualization services, including but limited to animation, presentation and static imagery creation (“Visualization Work”) to the Licensee strictly to the extent necessary for the third party to provide Visualization Work to the Licensee only. At all times, the Licensee remains responsible and liable for all acts and omissions of any such third parties in connection with the use of the exported 3D data.
8. Renewal
(a) 3D Export Product will not automatically renew with other Products which the Licensee has subscribed with Nearmap. Renewal of this Product will be by mutual agreement between the parties.
(b) If the Agreement is further renewed, subject to the payment of the Fees, the Licensee may continue to use the 3D Export Products, which were exported by the Licensee under the initial Agreement, for the Permitted Purpose for the Renewal Term.
(c) If a Top Up Block has been purchased during the Term in addition to the existing 3D Export Product, the Top Up Block will not be included in any auto-renewal of the Agreement.
9. Definition: For the purposes of these 3D Export Product-Specific Terms,
(a) Derivative Works, specifically in relation to the Licenses’s use of the 3D Export Product, means any new work created by or for the Licensee that incorporates the 3D data where the 3D data cannot be separated and used on its own. For the avoidance of doubt, when the file format or file type of a Product has been amended, it remains a Product, and is not considered a Derivative Work.
(b) Export Allowance means the area allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Quote, unless otherwise agreed in writing between Nearmap and the Licensee.
(c) Top Up Block means any additional data blocks as specified on the Quote for the purchase of additional allowance at the then current price.
Effective before APRIL 1, 2020
No Periodic Data Allowance – Periodic Data Allowance will not apply to the use of the 3D Viewer Product.
Additional Uses – The Licensee is permitted to capture static images or video snapshots of 3D Viewer Product using any available print screen or video capture function and use the static images or video snapshots for purposes of creating Derivative Works. Derivative Works specifically in relation to the Licensee’s use of the 3D Viewer Product means any new work created by or for the Licensee that incorporates or embeds static images or video snapshots of the 3D data.
Renewal - The 3D Viewer Product will not automatically renew with other Products which the Licensee has subscribed to with Nearmap. Renewal of this Product will be by mutual agreement between the parties.
1. Nearmap AI and AI Parcel Export (Offline Delivery) Product-Specific Terms are incorporated by reference and apply to AI Packs.
2. The Licensee will receive access to available AI Packs, using only the methods authoried and as documented by Nearmap on our Help Center (which may be updated from time to time in its absolute discretion).
3. The Licensee’s usage of the AI Packs will count towards the Usage Allowance.
4. For the purposes of these Product-Specific Terms, AI Packs means the AI Attributes made available to the Licensee.
1. Usage Allowance - The Licensee’s usage of AI Parcel API will be counted towards the Licensee’s total Usage Allowance. Any unused Usage Allowance will not be rolled over to the next renewal Term.
2. Permitted Caching - Notwithstanding the terms of the Agreement, the Licensee is permitted to cache AI Parcel data requested through the AI Parcel API for Permitted Purposes during the Term only.
3. AI Parcel API – Nearmap may, from time to time, retire an API, or provide, updates or new releases to the API for use by the Licensee under the Agreement (“API Update”). Nearmap will provide 30 days written notice, prior to the date of the API Update. If the Licensee fails or otherwise refuses to update or integrate the API Update, Nearmap shall not be responsible or liable to the Licensee for any failure to meet its obligations under this Agreement.
4. Nearmap AI – The Nearmap AI Product will be provided to the Licensee through the AI Parcel API only. Nearmap may, from time to time, provide updates to the Nearmap AI Product at its absolute discretion.
5. Definition – For the purposes of this Product-Specific Terms:
(a) AI Parcel means the Nearmap AI Attributes requested for a Land Parcel.
(b) AI Parcel API means the API used to export AI Parcel.
(c) API means an application programming interface.
(d) Usage Allowance means the Land Parcel allowance as specified in the Quote, plus the aggregated Land Parcel allowance in respect of Top Up Blocks purchased by the Licensee for that period.
(e) Top Up Block means additional Usage Allowance as measured by additional Land Parcels purchased by the Licensee during the Term.
(f) Land Parcel means a specific parcel of land in the Coverage Area.
AI Attributes: General Provisions
1. AI Attributes have been computed across Land Parcel(s) under the following parameters:
(a) an approximate area greater than 100 sqm and less than 250,000 sqm;
(b) classified as having a parcel type of lot parcel, strata, stratum and strata-vertical;
(c) identified by third party parcel datasets that are currently available in Nearmap’s source cadastral data systems;
(d) cadastral features for parcel type crossing, easement, rail, road, road-intersection, road-other or water are typically excluded; and
(e) features extracted from multi-dwelling parcels may be aggregated into a single result in the supplied dataset.
2. The Licensee must not use AI Attributes as training datasets on its machine learning models or automated processes, or to create such models or processes, which enables the Licensee to run such models or processes independently without the use of Nearmap’s AI Attributes, after termination or expiry of the Agreement.
3. Subject to the delete and destroy obligations under this Agreement, including clause 4 of these Product Specific Terms, the Licensee may store AI Attributes exported from the Website or provided by Nearmap to be used for the Permitted Purposes.
4. The Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap a certification declaring that it has deleted and destroyed all AI Attributes.
Provisions applicable to Nearmap AI
5. Nearmap will provide to the Licensee access to AI Attributes across parcels of land within the Coverage Area, processed from the most current set of imagery published on the Website as at 31 October 2019.
6. The AI Attributes will be delivered to the Licensee in formats as made available by Nearmap (which may include geospatial file format and flat file format), only through the Website.
7. Nearmap measures the use of Nearmap AI each time the Licensee exports AI Attributes for specified Land Parcel(s), The Licensee is not permitted to exceeds its allocated Usage Allowance for a Period. Unused Usage Allowance will not be rolled over to the next Period.
8. The Licensee will not be able to export AI Attributes where its Usage Allowance remaining at the time of executing an export is less than the number of the Land Parcel(s) selected for exporting.
9. If the Licensee exceeds the Usage Allowance, Nearmap may in its absolute discretion, elect to:
(a) restrict the Licensee’s ability to export AI Attributes until the Usage Allowance is reset, additional Top Up Blocks are purchased, or any other additional fees are paid as mutually agreed between the parties; or
(b) immediately cease the Licensee’s access to AI Export for the remainder of the Period.
10. Nearmap will process an updated set of AI Attributes from the imagery published by Nearmap on the Website at least once every twelve (12) months from the Commencement Date.
Provisions applicable to AI Parcel Export (Offline Delivery)
11. For the first year of the initial Term, Nearmap will deliver to the Licensee, within the specified timing of delivery from the Commencement Date, the AI Attributes, up to the Usage Allowance. The AI Attributes will be processed from the most current set of imagery published on the Website as at the Published Date.
12. After the first year of the initial Term, the Licensee may request once during each year of the Term (including any renewal Term), that Nearmap delivers an updated set of AI Attributes in accordance with clause 11 of these Product Specific Terms, up to the Usage Allowance. Nearmap will deliver the updated AI Attributes within the specified timing of delivery from the date Nearmap receives such request.
13. The area of interest, and timing, format and method of delivery of AI Attributes will be set out in the Order Summary.
14. For the purpose of these Product-Specific Terms,
(a) AI Attributes for:
(i) Nearmap AI means the “AI Layers” made available from the Website (which are not exportable) and the exportable “AI Parcel” data; or
(ii) AI Parcel Export (Offline Delivery) means the “AI Parcel” data provided by Nearmap to the Licensee as specified in the Quote or in the Additional Terms and Conditions.
(b) Land Parcel means a specific parcel of land in the Coverage Area.
(c) Order Summary means the “Order Summary” document provided by Nearmap to the Licensee.
(d) Published Date means the “published date” specified in the Order Summary.
(e) Top Up Block means additional Usage Allowance as measured by additional Land Parcels purchased by the Licensee during the Term.
(f) Usage Allowance for:
(i) Nearmap AI means the Land Parcel allowance as specified in the Quote, plus the aggregate Land Parcel allowance in respect of Top Up Blocks purchased by the Licensee for that Period; and
(ii) AI Parcel Export (Offline Delivery) means the Land Parcel allowance as specified in the Quote that Nearmap will deliver to the Licensee pursuant to clauses 11 to 13 of these Product-Specific Terms.
Effective before February 8, 2023
1. Survey - During the Term, the Licensee may request a survey of an area which is not covered (in its entirety or in part) by the Coverage Area (”Survey”). The Licensee must provide a detailed description of the area which is to be covered by the Survey. Upon receipt of such a request in writing, Nearmap may, in its absolute discretion, agree to provide the Survey to the Licensee.
2. AOI - The Survey will only be carried out for the area of interest (”AOI”) as attached to the relevant Quote issued for the Nearmap Now Product.
3. Delivery of Survey - Subject to section 1 of these Product-Specific Terms and section 12 (Force Majeure section) of the agreement, Nearmap will deliver the Survey to the Licensee by uploading the Survey to the Website within six (6) months of the date on which Nearmap receives payment of the Survey Fee in full from the Licensee. Nearmap will notify the Licensee in writing once the Survey has been uploaded to the Website.
4. Availability to other Nearmap customers - Nearmap may, at its absolute discretion, allow other customers of Nearmap to access the Survey on the Website.
5. Refund of Survey Fee - If the Licensee is not in breach of the Agreement and Nearmap elects to terminate the Agreement under section 6.3 (Termination by Nearmap section) prior to delivery of the Survey, Nearmap will refund the Survey Fee to the Licensee.
AOI - Nearmap will provide the Licensee the Offline Products for the area of interests (”AOI“) as attached to this Quote.
Delivery – The Offline Products will be delivered to the Licensee on a date that is mutually agreed in writing. The Offline Products will be delivered to the Licensee via a secure cloud download link (“Download Link”) provided by Nearmap. The Download Link will only be accessible by the Licensee for the Term.
Cancellation of Offline Products - If the Licensee is not in breach of the Agreement, and Nearmap has not completed the delivery of the Offline Products in accordance with section 2 of this Product-Specific Terms, the Licensee may cancel its purchase of the undelivered Offline Products via written notice, effective immediately. Where the Quote only sets out the Licensee’s purchase of the undelivered Offline Products, the cancellation of the undelivered Offline Products will automatically terminate the Agreement.
Commencement - The Term of the Agreement commences on the day the Licensee receives the Download Link from Nearmap.
Updated Offline Products - Throughout the Term (and any Renewal Term), Nearmap will use commercially reasonable endeavours to inform the Licensee if any update of the Offline Products is available and will provide the Licensee a new Download Link containing the updated Offline Products. The Licensee may continue using the previously supplied Download Link to continue accessing the previous Offline Products, or may choose to use the new Download Link to access the updated Offline Products.
No Website Access - The Licensee will not be provided access to the Offline Products via the Website.
Non-Applicable Terms - All terms in the Agreement relating to Seats, the Website, Periodic Data Allowance, Third Party Providers, Nearmap Property and Nearmap Now do not apply to the Offline Products.
Permitted Purpose - The Permitted Purpose as defined in the Agreement shall include Licensee’s internal reproduction, display and use of the Offline Products, including for purposes of reviewing, analysing and processing of the Offline Products (including without limitation through use of machine learning tools where Licensee Products are created) for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
License to Offline Products - Licensee’s License with respect to internal reproduction, display and use of the Offline Products during the Term, as set forth in the preceding section 8 of this Product-Specific Terms shall be non-exclusive, non-transferrable (subject to the “Assignment” section of the agreement), and irrevocable (other than a termination of this Agreement by Nearmap as provided under the agreement).
**IP Rights of Output -
**
1. With respect to the use of Offline DSM, the results of the activities described in section 8 of this Products-Specific Terms shall be considered Derivative Works as defined under the Agreement.
2. With respect to the use of Offline Textured Mesh, the Licensee will at all times own all Intellectual Property Rights in and to the results of the activities described in section 8 of this Product-Specific Terms (including without limitation any Licensee Products, but excluding the Offline Textured Mesh itself), including any derivatives thereof (that does not embed the Offline Textured Mesh) and any corrections and updates to such results or any derivatives thereof (“**Results**”).Retaining Licensee Products and Results - In addition to the terms of the agreement, upon termination or expiry of the Agreement, the Licensee may retain all Licensee Products and Results (that do not embed the Offline Products), for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, (a) the Licensee shall permit Nearmap (or its auditors) access to the business location(s), books and records, employees and/or contractors pertaining to the Licensee’s use of the Offline Products to confirm that the Licensee has deleted and destroyed all Offline Products provided under this Agreement (except as permitted under sections 9(a) and 10 of these Product-Specific Terms), or (b) the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all Offline Products provided under this Agreement.
Renewal - Notwithstanding the terms in the agreement, this Agreement may be renewed by mutual agreement between Nearmap and the Licensee, by written notice at least thirty (30) days prior to the expiry of the Term, for a period agreed between the parties (“Renewal Term”).
Renewed Agreement - If the Agreement is further renewed, subject to the payment of the Fees, Nearmap will ensure that the Download Link containing previously delivered Offline Products remains accessible to the Licensee, and the Licensee may continue to use the Offline Products for the Permitted Purpose for the Renewal Term.
Sharing Access - This section 14 applies only to the Offline Textured Mesh Product. The Licensee may provide third parties (subject to Nearmap’s written approval of the third parties) access to the Offline Textured Mesh to carry out the activities as set out in section 8 of this Product-Specific Terms on behalf of the Licensee. The Licensee is responsible and liable for any such third parties who uses the Offline Textured Mesh made available to the Licensee in breach of this Agreement. Upon expiry or termination of this Agreement, the Licensee must ensure the third party deletes and destroys all Offline Textured Mesh and Licensee Products or Results in the third party’s possession.
Definitions - For the purposes of this Product-Specific Terms:
1. **Land Parcel** means a specific parcel of land with a specific address; and
2. **Licensee Product** means any attribute data (e.g., roof type or existence of a swimming pool) or set of such data relating to a single Land Parcel developed by the Licensee through the use of the Offline Products in accordance with the Permitted Purpose set forth in section 8 of this Product-Specific Terms, provided that attribute data shall not include an image extracted from the Offline Textured Mesh.
3. **Offline Products** means Offline DSM and/or Offline Textured Mesh, as specified on the Quote. For any avoidance of doubt, any references to “Products” in the Agreement also refers to the Offline Products.AOI - Nearmap will provide the Licensee the Offline Products for the area of interests (”AOI”) as attached to this Quote.
Delivery – The Offline Products will be delivered to the Licensee (in whole or in part) on a date or dates, or within a time frame that is mutually agreed between Nearmap and the Licensee. The Offline Products will be delivered to the Licensee via a delivery method as determined by Nearmap in its sole discretion having regard to the size of the AOI (“Delivery Method”), which includes but is not limited to secure cloud download link, HDD, FTP (when and as made available by Nearmap) or through a Nearmap portal (when and as made available by Nearmap).
Cancellation of Offline Products - If the Licensee is not in breach of the Agreement, and Nearmap has not completed the delivery of the Offline Products in accordance with clause 2 of this Product-Specific Terms, the Licensee may cancel its purchase of the undelivered Offline Products via written notice, effective immediately. Where the Quote only sets out the Licensee’s purchase of the undelivered Offline Products, the cancellation of the undelivered Offline Products will automatically terminate the Agreement.
Commencement - The term of the Agreement commences on the day the Licensee first receives the Offline Products (whether in whole or in part) from Nearmap (”Commencement Date“). Nearmap will invoice the Licensee on the Commencement Date and on the Anniversary Date for the Offline Products .
Updated Products - Throughout the Term (and any Renewal Term), Nearmap will use commercially reasonable endeavours to inform the Licensee if any update of the Offline Products is available and will provide the Licensee the updated Offline Product via the selected Delivery Method. The Licensee may continue accessing the previous Offline Products, or may choose to access the updated Offline Products via the selected Delivery Method.
No Website Access - The Licensee will not be provided access to the Offline Products via the Website.
Non-Applicable Terms - All terms in the Agreement relating to Seats, the Website, Periodic Data Allowance, Third Party Providers, Nearmap Property and Nearmap Now do not apply to the Offline Products.
Permitted Purpose - The Permitted Purpose as defined in the Agreement shall include Licensee’s internal reproduction, display and use of the Offline Products, including for purposes of reviewing, analysing and processing of the Offline Products (including without limitation through use of machine learning tools where Licensee Products are created) for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
License to Offline Products - Licensee’s Licence with respect to internal reproduction, display and use of the Offline Products during the Term, as set forth in the preceding clause 8 of this Product-Specific Terms shall be non-exclusive, non-transferrable (subject to the “Assignment” clause of the agreement), limited and irrevocable (other than a termination of this Agreement by Nearmap as provided under the agreement).
IP Rights of Output -
With respect to the use of Offline DSM, the results of the activities described in clause 8 of this Products-Specific Terms shall be considered Derivative Works as defined under the Agreement.
With respect to the use of Offline Textured Mesh, the Licensee will at all times own all Intellectual Property Rights in and to the results of the activities described in clause 8 of this Product-Specific Terms (including without limitation any Licensee Products, but excluding the Offline Textured Mesh itself), including any derivatives thereof (that does not embed the Offline Textured Mesh) and any corrections and updates to such results or any derivatives thereof (“Results”).
Retaining Licensee Products and Results – In addition to the terms of the agreement, upon termination or expiry of the Agreement, the Licensee may retain all Licensee Products and Results (that do not embed the Offline Products), for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, (a) the Licensee shall permit Nearmap (or its auditors) access to the business location(s), books and records, employees and/or contractors pertaining to the Licensee’s use of the Offline Products to confirm that the Licensee has deleted and destroyed all Offline Products provided under this Agreement (except as permitted under clauses 9(a) and 10 of these Product-Specific Terms), or (b) the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all Offline Products provided under this Agreement.
Renewal - Notwithstanding the terms in the agreement, this Agreement may be renewed by mutual agreement between Nearmap and the Licensee, by written notice at least thirty (30) days prior to the expiry of the Term, for a period agreed between the parties (“Renewal Term”).
Renewed Agreement - If the Agreement is further renewed, subject to the payment of the Fees, the Licensee may continue to use the Offline Products for the Permitted Purpose for the Renewal Term.
Sharing Access - This clause 14 applies only to the Offline Textured Mesh Product. The Licensee may provide third parties (subject to Nearmap’s written approval of the third parties) access to the Offline Textured Mesh to carry out the activities as set out in clause 8 of this Product-Specific Terms on behalf of the Licensee. The Licensee is responsible and liable for any such third parties who uses the Offline Textured Mesh made available to the Licensee in breach of this Agreement. Upon expiry or termination of this Agreement, the Licensee must ensure the third party deletes and destroys all Offline Textured Mesh and Licensee Products or Results in the third party’s possession.
Definitions - For the purposes of this Product-Specific Terms:
Anniversary Date means the date which is twelve months from the Commencement Date, and twelve months from any subsequent start date of a Renewal Term;
FTP means file transfer protocol;
HDD means hard disk drive;
Land Parcel means a specific parcel of land with a specific address; and
Licensee Product means any attribute data (e.g., roof type or existence of a swimming pool) or set of such data relating to a single Land Parcel developed by the Licensee through the use of the Offline Products in accordance with the Permitted Purpose set forth in clause 8 of this Product-Specific Terms, provided that attribute data shall not include an image extracted from the Offline Textured Mesh.
Offline Products means Offline DSM and/or Offline Textured Mesh, as specified on the Quote. For any avoidance of doubt, any references to “Products” in the Agreement also refers to the Offline Products.
1. Nearmap will provide to the Licensee one single local “on-premises” copy for the Offline Copy Add-on for Government of a mutually agreed area of interest (“AOI”) as further described in the shape file (“AOI”) attached to the New Subscription Quote.
2. The Offline Copy Add-on for Government will be delivered to the Licensee on a mutually agreed date and where there is no agreement, Nearmap will deliver no later than two (2) months from the Commencement Date.
3. The copy of the imagery contained in the Offline Copy Add-on for Government will be provided according to technical specifications detailed in the attached AOI.
4. Licensee may only use the Offline Copy Add-on for Government for Permitted Purposes.
5. Unless otherwise detailed in the attached AOI, the vintage of the imagery to be provided for the Offline Copy Add-on for Government is to be mutually agreed between the parties.
6. The Offline Copy Add-on for Government may be retained by Licensee after expiry or termination of this Agreement which may only be used for any purposes related to emergency services in connection with the Licensee’s ordinary business.
7. The single Offline Copy Add-on for Government will only be provided for the current Term (or Renewal Term) (whichever is applicable) but does not apply to any successive Renewal Term unless expressly set out in the Agreement.
During the Term of the Agreement, the Licensee is permitted to publish extracts of static imagery contained within the Product (“Static Imagery”) on the Licensee’s public facing website subject to the following:
on a single domain (“Licensee Website”);
web map view only which includes but is not limited to ArcGIS Online (“WebMap”);
the extract of the Static Imagery that may be published must be in some way connected to the Licensee and its ordinary course of business. For the avoidance of doubt, the Licensee is expressly prohibited from publishing all imagery that may be accessible through the Product on the Licensee Website and the Webmap;
no export tools for the Static Imagery is to be made available through the WebMap and/or the Licensee Website;
the Static Imagery displayed must not be accompanied by drawing or measuring tools;
the Licensee must use online solutions for integrating the Static Imagery into the WebMap and/or to the Licensee Website which are made available by Nearmap from time to time, which at the Commencement Date is through an application programming interface for ArcGIS Online;
the Licensee must acknowledge Nearmap in accordance the Agreement where the Static Imagery are displayed on the Licensee Website and WebMap;
the Licensee is not restricted on the vintage of the Static Imagery which may be displayed on the Licensee Website and Webmap;
the extracts of the Static Imagery displayed on the WebMap and/or the Licensee Website should not be degraded. But the zoom level of the Static Imagery is restricted to Level 20 (6 inch imagery resolution) or 1:564 Map Scale; and
it is the Licensee’s responsibility to implement the zoom restriction set out in section 1(i) of these terms.
1. Section 1.3 of the agreement does not apply to this License, and any auto-renewal of the Agreement will be by mutual agreement between the parties.
2. Section 1.6 of the agreement does not apply to this License.
3. Definitions of “Periodic Data Allowance” and “Excess Data Rate” in the agreement do not apply to this License.
4. The Licensee agrees that the right to use the Product is only to be used, solely by the Licensee and at all times excludes making the Product available in any medium or manner (including but not limited to sharing or using the License (as defined in the Products Agreement)) with:
(a) any lower tier government, including but not limited to cities and township;
(b) any neighboring local governments, including but not limited to county, parish, city, or town governments; and/or
(c) any higher tier government, including but not limited to county, parish, state or provincial agency.
5. Annual Actual Usage Nearmap measures data usage by the Licensee under this License as follows:
(a) the data allowance used by the Licensee will be calculated at the end of the Term (or Renewal Term), based on the total data usage of all users who access and use the Licensee’s Nearmap account during the Term (or Renewal Term) (Annual Actual Usage); and
(b) if the Licensee elects to download Products available to the Licensee on the Website or accesses the Product through other delivery methods made available by Nearmap from time to time, this will be applied to the Annual Actual Usage. The Licensee may have the option to elect to download high resolution images. Downloading these images will lead to a higher Annual Actual Usage than downloading a lower resolution image.
6. Renewal If the Agreement is renewed by mutual agreement between the parties, the parties will in good faith discuss the appropriate Annualized Estimated Usage of the Renewal Term based on the Licensee’s usage pattern and/or the Annual Actual Usage during the current Term.
7. The Licensee is not permitted to
(a) use its access to the Website or the Products under this Agreement for the purposes of creating a database of images for resale, distribution, sub-license or other commercial purposes (unless expressly permitted under the Agreement) and mass downloads or bulk feeds of any imagery;
(b) pre-fetch, retrieve, cache, index, or store any Content, or portion of the Products with the exception being that the Licensee may store limited amounts of Content solely to improve the performance of the access to the Products due to network latency, and only if the Licensee does so temporarily, securely, and in a manner that does not permit use of the Content outside of the License, does not manipulate or aggregate any Content or portion of the Products and does not prevent Nearmap from accurately tracking usage and does not modify attribution in any way; and
(c) review, analyze and process the Products through use of machine learning tools, this includes creation of any new products by the Licensee.
8. For the purposes of this Nearmap for Government Product-Specific Terms,
(a) Content means any content made available to the Licensee in connection with the License and the Website; and
(b) Annualized Estimated Usage means the permitted use of data specified in the New Subscription Quote (or Renewal Quote and Amendment Quote ) by the Licensee for the period of one (1) year from the Commencement Date.