BY INSTALLING OR USING ANY PART OF THE
PICTOMETRY ONLINE LICENSED PRODUCTS, YOU AND THE ENTITY OR COMPANY THAT YOU
REPRESENT ("Licensee") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY
AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT ("AGREEMENT").
IF YOU DO NOT UNCONDITIONALLY AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE POL
LICENSED PRODUCTS (“POL”). ACCEPTANCE IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
Pictometry Web Services - License and
Service Level Agreement
Pictometry’s
Web Services should never be used for life critical applications and Pictometry
will not accept liability for service interruptions.
I.
Contract Terms:
1.
For each Account, you shall name one person to be the Administrator of
the Account and submit an email address, telephone number and contact
information for that person. Licensee
will assign one administrator to this Account.
Administrator shall be responsible for assigning his/her users a log-in
and password.
2.
Pictometry Online is for individual use only. Licensee shall not attempt, nor allow, access
to POL by means of an automated system.
3. Licensee
and its users are aware, understand and hold Pictometry harmless, that any User
data collected or stored in POL may be accessible by
II.
Technical Support:
Web
Hosting Support can be accessed at [email protected]
Web
Hosting Phone Support: Phone 585-486-0093,
or toll-free at 888-771-9714
Hours: Monday through Friday, 8:30am – 5:30pm
Eastern Time Zone
Holidays
– no phone support but email support is available and answered on next business
day.
Response
time, however, may depend on the nature and complexity of the inquiry, or
unexpected call volume. Technical
Support assigns the highest priority to inquiries related to the servers'
unavailability.
III.
Billing and Sales Inquiries:
You
shall be billed (and pay) according to the information on your Order Form.
Billing shall begin upon POL/PSOL account activation by Pictometry. Billing
inquiries should be sent to [email protected] Please note: Pictometry must receive notice
of billing disputes within thirty days of the date of invoice receipt or date
your credit card was changed for services.
All inquiries regarding purchase of new accounts or addition of services
should be addressed with your Pictometry Sales Representative.
IV.
Issue Escalation: If you are
concerned with Pictometry hosting services or if you are unable to resolve a
technical support issue within the parameters outlined in this Service Level
Agreement, contact your Pictometry Sales Representative regarding your
concerns. Your concerns will be reviewed, investigated, and responded to within
one business day. As issues may be complex or require extensive investigation,
this one business day response time does not imply that a resolution is
guaranteed within one business day.
V.
Service Availability: Pictometry International Corp is committed to
providing the highest quality service to all Licensees. To support this
commitment, Pictometry gives the following service level guaranties:
1. Pictometry expects a 99% Service Availability of
approximately 99%, measured on a calendar-month basis. Service Availability is
defined as the ability of a user within an organization to Access the
Pictometry Server.
2. Licensee acknowledges and agrees that the internet
(including, without limitation, the world wide web) is a network of private and
public networks, that licensor has no control over the internet, and that
licensor is not liable for the discontinuance of operation of any portion of
the internet or possible regulation of the internet which might restrict or
prohibit the use of the licensed software or the integrated product or the
delivery of the services.
VI.
Disclaimer: This Agreement authorizes
the Licensee to use the Web Services Product for its internal use. Pictometry warrants that, while it does
strive to present accurate information, it does not guarantee the accuracy of
information made available to the Licensee via this Product, and cannot be held
liable for any usage of this information.
Pictometry will continually strive to present accurate and reliable information
in its Web Services Products but does not endorse, approve or certify such
information, nor does it guarantee the accuracy, completeness, efficacy,
timeliness or correct sequencing of such information.
Use
of such information is voluntary, and reliance on it should only be undertaken
after an independent review of its accuracy, completeness, efficacy and
timeliness. Pictometry (including its
employees and agents) assumes no responsibility for any consequences resulting
from the use of the information in its Web Services Product. Pictometry is not responsible for, and
expressly disclaims all liability for, damages of any kind arising out of use,
reference to, or reliance on such information. No guarantees or warranties,
including (but not limited to) any express or implied warranties of
merchantability or fitness for a particular use or purpose, are made by
Pictometry with respect to such information.
I understand that by using this service I am waiving any and all rights
I might have against Pictometry for the accuracy of its product.
VII.
Ownership of Data: Title to the Product shall remain with
Pictometry and shall not pass to the Licensee. The Licensee acknowledges that
copyright subsists in the Product and that all property and other rights in the
Product and all trade marks and logos used on or in relation to the product
shall remain in Pictometry or its licensors. Subject to payment of the Price,
Pictometry grants the Licensee a non exclusive non-transferable right to use
the Product for its own internal purposes. This shall not include any right to
copy the product, nor to sell, supply or disclose the Product to any third
party. The foregoing not withstanding,
Licensee may not distribute images directly or indirectly to Google or Google
Affiliates.
This Agreement grants
Licensee the right to use the Image(s) solely for its internal purposes and
projects. Licensee may copy the Image(s)
onto Licensee's computer or from Licensee's computer to other computers owned
by Licensee or Licensee may make hardcopies of the Image(s), provided that the
Image(s) may not be resold, leased, loaned, distributed, or copied for use by
any other person or third party or for any other use. Licensee also may not
transfer or assign the rights granted in this license to any other person. Any transfer or assignment of Licensee's
rights under this Agreement without Pictometry’s consent shall void the limited
license granted under this Agreement. Licensee also may be held legally
responsible for copying infringement which is caused or encouraged by
Licensee's failure to abide by the terms of this Agreement.
VIII.
Data Integrity: Hosting package includes Backup Services which
includes: full server backup performed once weekly to the shared tape backup
device over the network; differential server backup performed once nightly to
the shared tape backup device over the network; backup copy retention time is
one week. Pictometry is not responsible for data loss resulting from the
failure or loss of backup media.
IX.
Data Retention: Pictometry shall
retain all data (if any) associated with the Web Services Account. All data
shall be deleted from the servers and backup media after account
termination.
X.
Licensee Responsibilities/Requirements:
To access Pictometry services, you must
provide at the very minimum: a PC with a broadband Internet connection (not
dialup), a currently supported Microsoft Operating System, internet Explorer
6.0 or higher (services will work with Firefox 1.5 or greater) and a fully
functional Internet browser.
By choosing to connect,
you are agreeing to the statements in this document.