Data Customer End User License Agreement

End-user agrees that its license of LOVELAND Technologies’ data through the Data Reseller, shall be subject to the terms and conditions of this Agreement and the Data Reseller’s Master Service Agreement (“The MSA”). If any conflict in terms exists between this Agreement and The MSA, the stricter of terms shall apply. LOVELAND Technologies (Hereinafter LOVELAND or “Data Broker”) is an LLC incorporated in the state of Deleware and it does business at 407 E Fort St, Suite 100 in Detroit, MI 48226. Each of the End-User, Data Reseller, or Data Broker shall be referred to as a Party and collectively as “Parties.”

 

RELATIONSHIP OF PARTIES

All of the Parties shall be deemed to be solely independent contractors and this Agreement shall not be construed to create any partnership, joint venture, or agency.

 

PROTECTION OF PROPRIETARY RIGHTS

End-User acknowledges that pursuant to this Agreement it obtains only the right to use the data and that no right, title, or interest in or to any copyrights, trademarks, or other proprietary rights relating to the data is transferred or licensed from Loveland to End-User .

End-User shall not remove, alter, cover, or obfuscate any acknowledgements, copyright notice, trademark, or other proprietary rights notice placed by Loveland on the data or any portion thereof. End-User shall comply with directions submitted by Loveland from time to time regarding the form and placement of proprietary rights notices on the product, or any portion thereof.

Loveland grants a nonexclusive, nontransferable (except as permitted below) license to End-User to use the data, a nationwide cadastre, by End-User’s employees and contractors for any purpose so long as End-User does not offer a website, product, or service that competes with LOVELAND's product, except as expressly permitted in this Agreement.

End-User may:

• Use the data to label other geometries, such as building shapes obtained or produced by End-User to associate address and other attributes to such geometries.
• Load the data and associated attributes into databases or search servers such as postgresql, solr, elasticsearch, and others for use in internal tools that may display the data
• Use the data for geocoding, reverse geocoding, and location context, including scenarios wherein the data is distributed as encoded geo-sharded tiles that may be accessed and cached on mobile devices
• Use the data as features in machine learning models that End-User uses to associate coordinates with a specific location
• Use the data for context for analysis of areas or coordinates, such as whether a neighborhood is residential, buildings are multi-story, home value is low or high, and similar analyses.
• Render high resolution parcel polygons on maps viewable by End-User’s customers, but in a manner that reasonably prevents the customers from obtaining a copy of a substantial portion of the parcel geometries.

 

REDISTRIBUTION OF RAW DATA

End-User will NOT resell or provide bulk downloads of the parcel data and associated assessment information to third parties. End-User may not display associated assessment information in a website accessible to the public nor third parties in a manner that enables bulk scraping of the data.

 

DATA CREDIT:

End-User will credit LOVELAND Technologies as a Data Source on each page that uses this data.

 

LIMITED WARRANTY

The data is provided "as is" without warranty of any kind. The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Further, Loveland does not warrant, guarantee, or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and you rely on the data and results solely at your own risk. If the data is provided on electronic media, Loveland does warrant to End-User that the electronic media on which the data is recorded is free from defects in materials and workmanship under normal use and service for a period of 90 days from the date of delivery as evidenced by the return to Loveland of the signed and dated original copy of the Product License Agreement. Loveland's entire liability and your exclusive remedy shall be replacement of the electronic media and/or printed material not meeting Loveland's Limited Warranty and which is returned to Loveland. If failure of the electronic media and/or printed material has resulted from accident, abuse, or misapplication of the product, as determined by Loveland, then Loveland shall have no responsibility to replace the electronic media and/or printed material under the Limited Warranty.

 

TERMS, CONDITIONS AND TERMINATION

This Agreement shall become effective on the date the Data Reseller’s MSA is executed. The End-User agrees to provide The Data Reseller or Loveland with feedback on any errors or modifications that may need to be made to any part(s) of the data. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other party. Loveland may terminate this Agreement immediately upon any violation of this Agreement. Upon termination, End-User shall delete the licensed data and any derivative product. In the event of such termination or in the event of a discontinuation of use of the data, End-User will promptly certify in writing to Licensor that the original and all copies in whole or in part of the discontinued or terminated licensed data have been destroyed. At the end of the license term specified in the MSA between End-User and Data Reseller, the End-User will renew the license or cease all use of the data and delete the data.

 

RETURNS

End-User shall return any defective product to Loveland for replacement within ninety (90) days after receipt. Any other returns must be authorized by Loveland.

 

AMENDMENT AND NON-WAIVER

This Agreement may not be changed, terminated, or amended without the prior written approval of Loveland. End-User shall be bound by the specifications set forth in the terms and conditions of this Agreement. No course of conduct, action, or inaction on Loveland's part shall be deemed to be a waiver of any of Loveland's rights under the Agreement. This agreement supersedes all prior agreements and understandings between the parties related to the subject matter hereof and is intended by the parties as the complete and exclusive statement of the terms and conditions of this Agreement.

 

GOVERNING LAW AND FORUM

The prevailing party in any legal action brought to enforce this license shall be entitled to legal fees and costs. Either party may bring suit under this license in Wayne County. The laws of the State of Michigan shall apply to this license. The signing of this license constitutes acceptance of the terms of this license.

 

SEVERABILITY

If any provision of this agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable.

 

By accepting the data file, I accept the terms of this agreement.