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Nearmap US, Inc. <br />REV: 01-24-2022 SK <br />General <br />FAIR USE POLICY <br />1. It is important to Nearmap that all customers are able to access the Products and Services. Accordingly, we have devised a Fair Use Policy that applies to the data <br />usage of the Products and Services. <br />2. In this Fair Use Policy: <br />a.Excessive Use has the meaning given to that term in section 7 of this Fair Use Policy; <br />b.Fair Use Policy means this policy; <br />c.Nearmap, we, us or our means Nearmap US, Inc.; <br />d.Products has the meaning given to that term in Your Nearmap Agreement; <br />e.Services has the meaning given to that term in Your Nearmap Agreement; <br />f.You or Your means any customer of Nearmap; <br />g.Your Nearmap Agreement means the agreement pursuant to which Nearmap provides You with various products and services; and <br />h.Unreasonable Use has the meaning given to that term in section 5 of this Fair Use Policy. <br />3. We reserve the right to vary the terms of this Fair Use Policy from time to time. <br />4. This Fair Use Policy is in addition to Your Nearmap Agreement and in the event of any inconsistency between the terms of this Fair Use Policy and the terms and <br />conditions of Your Nearmap Agreement, Your Nearmap Agreement prevails. <br />Unreasonable Use <br />5. We consider Your use of the Products and Services unreasonable where You use it in a manner which is reasonably considered by Nearmap to be fraudulent use, to <br />be contrary to Your Nearmap Agreement or to adversely affect other Nearmap customers’ use of or access to the Products and Services. <br />6. Among other things, “fraudulent use” includes resupply of the Products and Services without Nearmap’s consent so that someone else may access or use the <br />Products and Services or take advantage of the Products and Services. <br />Excessive Use <br />7. Excessive Use is a continuing and unreasonably disproportionate use of the Products and Services when compared to other average individual named users. <br />Nearmap’s Rights <br />8. Where Your use of the Products and Services constitutes Unreasonable Use and/or Excessive Use, Nearmap may contact You to discuss changing Your usage <br />pattern so that it conforms with this Fair Use Policy, or to upgrade to a more suitable Product or Service (if applicable). <br />9. If, after Nearmap has contacted You, Your Unreasonable Use and/or Excessive Use continues, Nearmap may, without further notice to You: <br />a. restrict Your access to low resolution imagery for the remainder of the month; and/or <br />b. restrict Your access to low resolution imagery for the remainder of the month until Your data allowance is reset at the beginning of the next month (if applicable); <br />and/or <br />c. restrict Your access for the remainder of the month; and/or <br />d. restrict Your access to Nearmap until Your data allowance is reset at the beginning of the next month (if applicable); and/or <br />e. immediately cease Your access to Nearmap; and/or <br />f. exercise any other right available to Nearmap under the terms of Your Nearmap Agreement. <br />ATTY/AGR.2021.096/NearMap (Aerial Imagery Services) (Page 11 of 12)