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REV: 12-16-21 MI
<br />Agreement and has been made available by Us, excluding any third- party web sites, content, or applications that our
<br />products and services link to. Any use of the term Web Application shall be assumed to include Content.
<br />“You” or “Your” or “Agency” means the city, water agency or other legal entity for which you are accepting this
<br />Agreement, and Affiliates of that entity.
<br />“Your Data” means electronic data and information submitted by or for You to be incorporated into the Web
<br />Application.
<br />WEB APPLICATION, CONTENT, AND USAGE
<br />Web Application and Content. We will (a) make the Web Application available to You pursuant to this Agreement, and
<br />(b) provide support for the Web Application to You pursuant to this Agreement. Unless expressly provided otherwise,
<br />the Web Application is purchased as a subscription, and subject to any specified usage limits, including, for example,
<br />the number of Users and the geographic coverage areas, if any, specified in the Order Form. Unless otherwise specified,
<br />the Web Application may not be accessed by more than the number of Users indicated, a User’s password may not be
<br />shared with any other individual, and Users will not attempt to access information or functionality outside of the
<br />purchased geographic coverage areas.
<br />Your Responsibilities. You will (a) be responsible for Users’ compliance with this Agreement, (b) be responsible for the
<br />accuracy, quality, and legality of Your Data and the means by which You acquired Your Data, (c) use commercially
<br />reasonable efforts to prevent unauthorized access to or use of the Web Application, and notify Us promptly of any such
<br />unauthorized access or use, and (d) use the Web Application in accordance with any applicable laws and government
<br />regulations.
<br />Our Responsibilities. We will (a) be responsible for using Your Data only for the purposes of fulfilling our obligations
<br />under this Agreement, (b) not disclose Your Data to any third party; (c) not knowingly introduce any virus, malware,
<br />tracking or disabling software to You or any User as a result of using the Web Application; and (d) use commercially
<br />reasonable efforts to prevent unauthorized access to or use of Your Data, and notify You promptly of any such
<br />unauthorized access or use.
<br />Usage Restrictions. You will not (a) make the Web Application available to, or use the Web Application for the benefit
<br />of, anyone other than You or Users, (b) sell, resell, license, sublicense, distribute, rent, or lease any portion of the Web
<br />Application, (c) use the Web Application to store or transmit infringing, libelous, or otherwise unlawful or tortious
<br />material, or to store or transmit material in violation of third-party privacy rights, (d) interfere or disrupt the integrity
<br />or performance of the Web Application or third- party data, (e) copy the Web Application or any part, feature, function,
<br />or user interface thereof, (f) copy, extract, or store Content except as expressly permitted, (g) frame or mirror any part
<br />of the Web Application, other than framing on Your own intranets or otherwise for Your own internal business
<br />purposes, (h) process, extract, conduct load testing on, or place undue load on any part of the Web Application except
<br />as expressly permitted, (i) use the Web Application for marketing or telemarketing purposes; or (j) access the Web
<br />Application in order to build or enhance a competitive product or service.
<br />Future Functionality, Updates, and Beta Services. You agree that Your purchase and use of the Web Application is not
<br />contingent on the delivery of any future functionality or content, nor dependent on any oral or written public comments
<br />made by Us regarding future functionality or content. You agree that We may make changes to the Web Application
<br />over time for any reason, without limitation, and that We may not continue to provide or support older versions of the
<br />Web Application. Notwithstanding the foregoing, if We substantially change the functionality of the Web Application
<br />as described in Exhibit A in a manner that limits the functionality of the Application from how it had functioned prior
<br />to that change and You have purchased a multi-year subscription, You will have the right to terminate that subscription
<br />early without cause upon thirty (30) days written notice to Us and receive a proportional refund of unused subscription
<br />fees. We may invite You to try other Web Applications and options to Web Applications. Any such additional Web
<br />Applications and options may be subject to additional or separate terms and fees. In the event that such other Web
<br />Applications and options are trials or beta products, we will have no liability for any harm or damage arising out of Your
<br />ATTY/AGR.2021.325/Eagle Aerial Solutions (WaterView) (Page 2 of 10)
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