Laserfiche WebLink
<br />sell or license the use of its software and imagery, including the Licensed <br />Products, to such persons and entities and on such terms and conditions as <br />Pictometry may in its sole discretion determine. <br /> <br />5. LICENSE FEES <br /> <br />5.1 License Fees. In consideration for the License, and subject to the other terms and <br />conditions of this Agreement, the Licensee hereby agrees to pay to Pictometry the <br />annual and other fees described on Schedule A (altogether the "License Fees"), <br />payment to be made as provided in Schedule A. Any tax, including sales tax is in <br />addition to the License Fees and is the responsibility of the Licensee. The fIrst <br />annual fee shall be earned on the Delivery Date, and the second annual fee is <br />deferred as provided on Schedule A. <br /> <br />Termination by County - Lack of Funding. Notwithstanding any provision of this <br />Agreement to the contrary, the Licensee may immediately terminate this <br />Agreement if it does not obtain funding from the Minnesota Legislature, <br />Minnesota Agencies or other funding source, or if its funding cannot be continued <br />at a level sufficient to allow payment of the amounts due under this Agreement. <br />Written notice of termination sent by the Licensee to Pictometry by facsimile is <br />sufficient notice under the terms of this Agreement. The Licensee is not obligated <br />to pay for any services that are provided after written notice of termination for <br />lack of funding. The Licensee will not be assessed any penalty or damages if the <br />Agreement is terminated due to lack of funding. <br /> <br />6. ARTICLE - OBLIGATIONS OF LICENSEE AND SUBDIVISIONS <br /> <br />6.1 Geographic Data. Licensee agrees to provide to Pictometry any geographic data <br />available in industry standard format, shape, DBF, etc., including digital elevation <br />models, street centerline maps tax parcel maps, centroids, etc. This data will be <br />incorporated into the Image Library licensed to the Licensee. For any other use of <br />this data, Pictometry shall enter into separate agreement with Licensee covering <br />that use. <br /> <br />6.2 Technical Support Contacts. Licensee agrees to name Licensee personnel to act <br />as technical support contacts. These contacts will receive technical training as <br />provided in Schedule A. These contacts will coordinate all requests and inquiries <br />from all Licensee Authorized Users and Subdivisions. If additional support is <br />required by Licensee and Subdivisions, only these technical support contacts will <br />have access to telephone support from Pictometry. <br /> <br />6.3 Designation of Subdivisions. Licensee agrees that, within thirty (30) days after <br />receipt of the Licensed Products, it will furnish to Pictometry in writing lists of all <br />Subdivisions, as provided in Section 3.3 above. Licensee agrees to keep a current <br />list of all Subdivisions using the Licensed Product and provide the same upon <br />Pictometry's written request. <br /> <br />Page 7 of 13 <br /> <br />040516a <br />