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04-097 Data Usage Agreements08f 29f 2005 15:26 5763751 LAND OE~f _. Jt(``~ PAGE 01 f 04 C1<TY OF t:YJPERTINO DA'D'A USAGL; AGRF)E1V,~N'Z' By and Between: CITY OF CUIPERTiNO (Hereinafter referred to as PROVIDCR) And K; I~ (I~creinafl;er re.fcrred to as )EZECIPIENI~ Entered into at ,California PROVIDER agrees to provide the data described i» Attachrrtent A (hereinafter referred to as PI20DUCT) lu RECIPIENT only far the purpose stated below: (Hereinafter referred to as PROJ>GCT). wtaershiv of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the ]PRODUCT described in Attachment A, anal shall retain alt rights, title, interest, and Hccr~se of the PF:ODUCT. It i5 unae,-rstoUd and agreed on by RECIPIENT that use of this data will be used exclusively and for the solo purpose of the PROJECT b_y RECIPIENT for the time period covered by the C_Contrflct. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of tla.e information. Restrictions on Use RECIPIENT agrees that they will not use any information. provided by PROV)4Dl/R fur iuiy purpose other titan for PROJECT wifhaut the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVI~'3.ER is for the use only by RECIl'IENT and only for this PROJECT, and is not to be released in any forth or .re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall z~ot share PRODUCT with other parties in violation of any licenses, proprietary owners>~ip, data sharing agreement or the California Public Records Act (G~avernment Code, Chapter 3.S,Scctions 6250- 6270). No provision of the agreement shall limit tlhc application of tlic California PuUli.c Recoc~~la .A.cl or the. Federal Freedom of Cn.fornnation Act (5 United States Code, Section. 522): RFCII?IENT may retain copies of the PRODUCT, i.ncludinq copies stared on magnetic rrzedia, for information and referepce in connection with RECIPIENT'S use far the PROJE~T._ - - --- - 1 08/2912005 15:26 5763751 LAND PAGE 02/04 Irate i of the PRODUCT REC.T.PIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of tMe PRODUCT. PROVIDER makes no rcpresentcition as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all respon~ihility for any results obtained in the u3~ of this PRODUCT. RECIPIENT understands that the conversion. of data from one system, format, acid projection to an alternate system., format, or projection cannot be accomplished without the possibility of the introduction of inexaetitrrdec, anomalies, arad errors. RECIPIENT agrees to assume all risks associated therewith, and. to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from grad. against all claims, liabil.itics, losses, damages, and costs, including, but not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agr~~emcnt acknowledge that the PRODUCT is complex. and may coni'ain, some. nonconformity's, defects or errors. The T'ROVIDIJR dots not warrant that the PRODUCT will meet the RECIPTBNTS' needs or expectations, or that all nonconform.ity's, defects, or errors can or will be corrected, Securi RECIPIENT agrees to safeguard product from unauthorized intentional and unintentional release to third parties wing a high degree of care and security. Nold Harmless RECIPIENT agrees to indemnify, defend, and hold harmless .PROVIDER, its o£f cers, agents, consultants, cor,.uaclors, and enaployces tl~om any and all claims, actions, or causes ot~action for damages, including, but not limited to, any costs oCrecovering, reprogram~ra.i,ng, or reproducing any data sorted in or used with the specified PRODUC'T', damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if iROVIDER has been advised of the possibility of such damages. DistriUutioil Metl.~~ds Upon request of the RFCi.PT.FNT, the PROVIDER will inform the RECIPIENT wb.at rrrethods are available for distributing the PRODUCT. These irtclude:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROlVI(s); distributing the P.IZODUCT using Magnetic tapes and diskette:. media. Distribution Liab.ilit Although these data have been prncPSSed successfislly on. a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other system, or for general or scientific purposes, .nor sltail the act of distribution constitute any such warranty. This disclaimer applies both to i.rRdivid.ual use of the data and aggregate use with other data. It is also strongly rccoinrnended. that careful attention be paid to the Contents of the metadata 08/29/2005 15:26 5763751 LAND• PAGE 03104 file associated with these data. PROVIDER shall ~r~ot be held liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is not copyrighted. and subject tc} a licensing fee, the PROVIDER will provide a cony ~f the PRODUCT with xelevant documen.tQti~~.n to the RECIPIENT. .i.f tlic PRODUCT is subject to a licensing fee, or otherwise not available for transfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PRODUCT can be obtained from the OWNER. Documentation The PROVIDER wil} supply to RECIPIENT a co~~y of all readily-available documentation relating to the PR~nr rr_.T, including metadata and data dictionA:rios. Standards The parties to this agreement agree to apply, as possible and feasible, existing standards for documentation, metadata, data Formats, gcographi~; accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of A.~reement This agreement wil! remain in force until cancelled. The parties to this agreement .have the right to withdraw from this agreement by gi.virig written notice to all signatory parties. The provisions regardiii~, ownership of product, restrictions on u.sa, integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement. //y~/, /~~/ ,. - IPTFNT Signature PROVIDER Signature ~va~ 1Ct'~k~tia~ Painted Name G ~'s ~4,~~~. t~- Title s~-~a~o~ Date _~_ -_ -- -- _ _ _ --e r ~. ~~/ ..tinted Name ~.~. S C~~~ % ~~~~ Title ~-(~-~~ late _._ - _ ~__ 08/29/2005 15:26 5763751 LAND PAGE 04104 aTTac~~nv~rrr ,A, Descript~ou ~uf PRODUCT P ~ ~ C~~ ~~ C,Pvt~~ ri S~tec~ ~~ ~ ~~ ~ rti ~ 5 g ~ ~~~ ~ ~ y ' L~ 4 ~. CITY OF CUPERTINO DATA USAGE AGREEMENT By and Between: CITY OF CUPERTINO (Hereinafter referred to as PROVIDER) And JCP GEOLOGISTS (Hereinafter referred to as RECIPIENT) Entered into at California PROVIDER agrees to provide the data described in Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: (Hereinafter referred to as PROJECT). Ownership of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the ]PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PF:ODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used excbusively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, proprietary ownership, data sharing agreement or the California Public Records Act (Government Code. Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT'S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representation as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the use of this PRODUCT. RECIPIENT understands that the conversion of data from one system, format, and projection to an alternate system, format, or projection cannot be accomplished without the possibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to asswme all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, bixt not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPIENTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. Securi RECIPIENT agrees to safeguard product from unauthorized intentional and unintentional release to third parties using a high degree of care and security. Hold Harmless RECIPIENT agrees to indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any <<nd all claims, actions, or causes of action for damages, including, but not limited to, any costs of recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These iliclude:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskette:. media. Distribution Liability Although these data have been processed successfiully on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. This disclaimer applies both to individual use of the data and aggregate use with other data. PROPERTY DATA SRVCS. 7147013227 Q~114 '04 13:25 Na.602 0101 FROM :CITY fjF r'UPEr?,T I hJ0 FAX NrJ. : Gei37773i L~9 5Cp. Z3 2004 P;1:36Pf1 P5 Iota alto ~t+o~gly raca~tt~atl~e~3 tLat -.u~+tfuI isttrai~:sc.rn ~ ,p~iJ lv tlzes wnC+ruts ud'the ~tsuiata 81e ~~~ri~#rxi vrrith thrit rl~r~ Fi~tYY'Ii~EI~ ah~ll n+~s bra ItRid 1_+:~bl~ fcr mmp~napw~ vs ix~cact~vr uca of t~~ d3la descn'tycd andlvr cantairced l~eixt.. ~,~~Ction Cosh and Fees If i1m PBnnr it"'T is nrrt nn~niahtr+rl -mri mti~rjrnt td v lirwsrsMiMg £+~n, thr+ 17Rf_rit~.rlTrIi. uill luarrq do 0 ••~+us vF',lL.o Y'LtC3B[ICT Wlti, irtcytuac c~t~cirnx-nrad~t+n u~ Y~'~F.~+.~lP'~~T7C. Tf'~he F'R~tI~_~-Y ~s €ttbect tv"a. iic~in~ fire, or gcber~rise nat av8dable #or trae~.sfcr from PRU"~aII~~R, xhe PTV v1i:~~R ~vili n+ati£y the RFlL'LPYE~'f of the sl?cciScs of. how the PlZb~?liCT can be obiairted fiom the O~~R. en~tinn The PRO'V'IDIrR wilt supply to RECII'I'N"i' a wiry' of ali rcaciity-SVaYlsble ten#ation. relatiBg to the PRUDUCT, inciudiug ffirttYd~a and date dicGi~7nat7es. The parties to this agx'vetue~ tv apply-, as pos~'bIc and fcata~la, axisting st~dards for dacuxnernacoian, mc~, dn#a Eo~a~ts, gcugraphir a~-ura,cy, axzd database desagr~ as Pr'O by ttre Fedeaal Q~eographic Dete.'Cc++m~tittc~. Terms of A$raemeat This amt will remain in ~rcc until•cmc:cllai. Tine pies to this atgt have t1~e rigtrt to withdzavv fzv~ finis t~xv7atczri b~• ~ivint: writtca acrtiae vv all sigrssLt>xy partite. The provisions regarding ownership ofprox~uct, restrictiwns oa uses, ity, se~ity, ha~Id Erarzz~less, end di.utiau liabfli~y survive the cem~eiiaria~,s.of this agre~m~t„ ~~ ~ R Si ~~~.• PRt7VTL)F~Ei Ss"gnata~e .jy,._owag:K Punted Naxr~ Title ~L~I~H GIS Coardinatos Tu1e ~^T~ ~a I)~ ~iOg7773'iQ4 r;s r'ROT-`ARTY DAi'A SFiY.3 ~T~`=774Tp"T3,~2T U`l/13' U~4 13:19 CITY OF ('UPERTINO DATA USAGIE: AGREEMENT By and Between: CITY OF CUPERTINO (Hereinafter referred to as PROVIDER) And DKs ~sso~~~s (Hereinafter referred to as RECIPIENT) Entered into at I`l~v W~"l~2 ST S~ll~.3vv ~ c~¢[:~-,~rJi] ,California PROVIDER agrees to provide the data described in Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: ~UtrC-l fl L(~ g (G~/G (.~ G.~JC- /tiCF'~d /~,{~i.)`C S . ~l 1h/~l K~ ~2r~c//~-~ (Hereinafter referred to as PROJECT). Ownership of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PRODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used exclusively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, proprietary ownership, data sharing agreement or the California Public Records Act (Government Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT' S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no represent<<tion as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the us~~ of this PRODUCT. RECIPIENT understands that the conversion of data from one system, format, acrd projection to an alternate system, format, or projection cannot be accomplished without the po:~sibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assn me all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPIENTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. Securit RECIPIENT agrees to safeguard product from unz~uthorized intentional and unintentional release to third parties using a high degree of care and security. Hold Harmless RECIPIENT agrees to indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any ,end all claims, actions, or causes of action for damages, including, but not limited to, any costs of recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or i~idirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These i~iclude:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskette: media. Distribution Liabi Although these data have been processed successfully on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. This disclaimer applies both to individual use of the data and aggregate use with other data. It is also strongly recommended that careful attent-ion be paid to the contents of the metadata file associated with these data. PROVIDER shall not lie held liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is not copyrighted and subject to a licensing fee, the PROVIDER will provide a copy of the PRODUCT with relevant documentation to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for tr~insfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PRODUCT can be obtained from the OWNER. Documentation The PROVIDER will supply to RECIPIENT a cof~y of all readily-available documentation relating to the PRODUCT, including metadata and data dictionaries. Standards The parties to this agreement agree to apply, as po:~sible and feasible, existing standards for documentation, metadata, data formats, geographic; accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of Agreement This agreement will remain in force until cancelled. The parties to this agreement have the right to withdraw from this agreement by giving written notice to all signatory parties. The provisions regarding ownership of product, restrictions on usE~, integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement. RECIPIENT Signature PROVIDER Signature ~~. V ~ E'v ~ £ Ky~ Printed Name Printed Name ~~~iy ~ ~~'~~~~ Title Title --~,~..-. f.~,~, ~ n' l ~~J 1 Date `i Date ATTACHMENT A Description •of PRODUCT (Insert here all meta-data information. Include an~~, and all, information necessary to completely identify and specify the PRODUCT that is the subject of this agreement.) Gam- ~,ti( c~-t~-~ .~ ~ ~J~, k£~~a-~. ~:+-~-~ P.~{'~ ~~e'~`.~--~ -rte. `mss (~- Z~ GZ~ ~ Ctie.~~.Tc cv o 5l' ~' Sent By: FEHR ~ PEERS; 408 278 1717; Feb-14-01 3:46PM; Page 2/5 CITY OF C[JI'ERT1N0 DATA USAGE AGREEMENT By and Between: CITY OF CUPERTTNO (Hereinafter referred to as PROVIDER) And FEHR & PEERS ASSOCIATES, INC. (Hereinafter referred to as RECIPIENT} Entered into at ~..-' q ti .S ok ,California PROVIDER agrees to provide the data described in E,ttachmenl A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose staged below: Pa.~ to as PROJECT). Ownersh.i.~ of PROni.JGT and Attribution PKOV1llER is the legal owner, or licensor, of the PP:ODUCT described in Attachment A, and shall retain al] rights, title, interest, and license of the PRODUCT. It is understood and agreed. on by RLC.IP.I.ENT that use of this data will be used cxclusiivcly and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODtTCT must give credit to PROVIDER as th.e source of the information. Restrictions on Use RECIPLENT agrees that they will not use aay information provided by PROVIDER for any purpose other than for PROJECT without the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered Icy PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other parry without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, proprietary ownership, data sharing agreement or the California Public Records Act (Government Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 5.?2). RECIPIEN"l' may retain copies of the Sent By: FEHR 8 PEERS; 408 278 1717; Feb-14-01 3:47PM; Page 3/5 PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT'S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to a~;cept all. responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representation as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RF..CTPIENT hereby agrees to assume any and al l responsibility for any results obtained in the use o~F this PRODUCT. RECIPIENT understands that the conversion of data from ono system, format, and projection to an alternate system, format, or projection cannot be accomplished without the possibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assume: alI risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, anal costs, including, but not limited to, attorneys' fees, azising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex., and may contain some noncanfonmiry's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RFCTPTET\fTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be connected. Securit RECIPIENT agrees to safeguard product from unauthorized intentional and unintentional release to third parties using a high degree of care and security. Bold Harmless Rl;CIPII;NT agrees to indemnify, defend, and hold harmless PROVIDER, its of>accrs, agents, consultants, contractors, and employees from any anci all claims, actions, or causes of action for damages, including, but not limited to, any costs of recovering, reprogramming, or reproducing any data sorted in or used with the sped .feed PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the R.EGIPIENT what methods are available for distributing the PRODUCT. These include:using the File Transfer Protocol (F'1'Y) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes anal diskettes media. Distribution Liability Although these data have been processed successfully on a computer system at PROVIDER, no warranty, expressed or implied, is made regazding the accuracy or utility of the data on any other system, or far general or scientific purposes, nor shall the act of distribution constitute any such Sent By: FEHR 8 PEERS; 408 278 1717; Feb-14-01 3:47PM; Page 4/5 warranty. Ibis disclaimer applies both to individual use of the data and aggregate use with ether data. It is also strongly recommended that careful attention be paid to the contents of the metadata file associated with these data. PROVIDER shall not be Yield liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is not copyrighted and subject to a licensing fee, the PROVIDER will provide a copy of the PRODUCT wish relevant documentation to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for transfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PR'.ODUCT can be obtained from the OWNER. Documentation The PROVIDER will supply to RECIPIENT a copy of all readily-available documentation relating to the PRODUCT, including rnetadata and data dictionaries. Standards The parties to this agreement agree to apply, as possible and feasible, existing standards for documentation, metadata, data formats, geographic accuracy, and database design as promulgated by the Federal Geographic llata Cottunittee. Terms of Agreement This agreement will remain in force until cancelled. The parties to this agreement have the right to withdraw from this agreement by giving written notice to all signatory parties. The grovisions regarding ownership of product, restrictions on use, integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement. kc.l~ CIPIENT fgnature J a rk ~ . ~~ c~s_~- Printed N am e PROVIDER Signature Printed Name Title Title 'F t b/K ~c i 1'~ 200 l Date Date Sent By: FEHR ~ PEERS; 408 278 1717; Feb-14-01 3:48PM; Page 515 ATTACHMENT A Description of 1F'RODUCT (Tnsert here ali meta-data information. Include any, and all, infarmation accessary to completely identify and specify the PRODUCT that is the subject: of this agreement.) s~,t,,,.~.., s C~ ~'' , g c a --~ ~ CITY OF CUPERTINO DATA USAGE AGREEMENT By and Between: CITY OF CUPERTINO (Hereinafter referred to as PROVIDER) And C-~~~~r~ri , ~i I r.~ S ~t ~f Ski; (Hereinafter r erred to as RECIPIENT) Entered into at ~ j~-T~ ``-~ ,California Ownership of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the ]?RODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PF:ODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used excl~zsively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express writt~;n consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, prof~rietary ownership, data sharing agreement or the California Public Records Act (Government Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIENT may retain copies of the PROVIDER agrees to provide the data described iii Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT'S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representation as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the use- of this PRODUCT. RECIPIENT understands that the conversion of data from one system, format, and projection to an alternate system, format, or projection cannot be accomplished without the possibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assume all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, btrt not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPIENTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. Security RECIPIENT agrees to safeguard product from unauthorized intentional and unintentional release to third parties using a high degree of care and security. Hold Harmless RECIPIENT agrees to indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any and all claims, actions, or causes of action for damages, including, but not limited to, any costs oilrecovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These include:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskettes media. Distribution Liability Although these data have been processed successfi~lly on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other system, or for general or scientific purposes, nor small the act of distribution constitute any such warranty. This disclaimer applies both to individu;~l use of the data and aggregate use with other data. It is also strongly recommended that careful attention be paid to the contents of the metadata file associated with these data. PROVIDER shall not tie held liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is not copyrighted and subject to a licensing fee, the PROVIDER will provide a copy of the PRODUCT with relevant documentation to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for transfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PRODUCT can be obtained from the OWNER. Documentation The PROVIDER will supply to RECIPIENT a copy of all readily-available documentation relating to the PRODUCT, including metadata and data dictionaries. Standards The parties to this agreement agree to apply, as po:~sible and feasible, existing standards for documentation, metadata, data formats, geographic accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of Agreement This agreement will remain in force until cancelled. The parties to this agreement have the right to withdraw from this agreement by giving written notice to all signatory parties. The provisions regarding ownership of product, restrictions on use, integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement. ~~ RECIPIENT Si ature A PROVIDER Signature ~{ ~~ ~l ~a ~~ ~'~- Printed Name ~,Cd~ 5~" f ~o-~~, ~~t/~S d- ~S oC Title ~ ~ Date l~i~C~i ~d ~~~~~ Printed Name Title (o~~~-~~ Date ATTACF.[MENT A Description of PRODUCT (Insert here all meta-data information. Include any, and all, information necessary to completely identify and specify the PRODUCT that is the subject of this agreement.) ,~ .. 6 1 2-~-k ~f _ ~~~ ~- ~~~ ~'~~~ ~~~ J CITY OF C~UPERTINO DATA USAGE AGREEMENT By and Between: CITY OF CUPERTINO (Hereinafter referred to as PROVIDER) And MICHAEL FORNAL SKI (Hereinafter referred to as RECIPIENT) Entered into at 900 WASHINGTON BLVD., FRE]vIONT ,California PROVIDER agrees to provide the data described in Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: CUPERTINO GENERAL PLAN GRAPHICS (Hereinafter referred to as PROJECT). PROVIDER is the legal owner, or licensor, of the PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PRODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used exclusively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivere~3 by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is nc~t to be released in any form or re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, proprietary ownership, data sharing agreement or the California Public Records Act (Gc-vernment Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT'S use for the PROJF;CT. RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representation as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the use of this PRODUCT. RECIPIENT understands that the conversion of data from one system, form<<t, and projection to an alternate system, format, or projection cannot be accomplished without the possibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assume all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPIENTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. RECIPIENT agrees to safeguard product from unaixthorized intentional and unintentional release to third parties using a high degree of care and securit;~. RECIPIENT agrees to indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any a.nd all claims, actions, or causes of action for damages, including, but not limited to, any costs of recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These include:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distribu~:ing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskettes media. Although these data have been processed successfixlly on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other JJL. 0: 02 (MUN) 0922 'tiIiLIA:N LETTIS !k At;6UCfA;r.6 :1v C. 52525~h076 PACE. 2;'S Crrx OF C~UPERTIl~io DATA USAGE AGREdi;MENT By and Betwoen: CITY OF CLTPERTIN'0 (Hereinafter refierred tQ as FROViDU+ .R.) Anal William I.ettis & .Associates, Inc, (Hereinafter referred. to as REC~P~NT) Entered into at t ,California PROVIDER agrees to provide the data described in. Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the putpoge stated below: Santa Clara Valley Water District's Hydrograph Modification Program (Hereinafter referred to as PROJECT). Ownership of PRODUC'~,n~ Attribution PROVR?ER i~a the lags] owner., or licensor, of the PRODUCT described in Attachment A, anal shall retain all rightA, title, interest, and license of the PRODUCT. It i.s understood and agreed on lay RECIPIENT that use of this data will be used cxchasively and for the solo purpose of tho PROJECT by R,ECIPIENTfor tha tune period covared by the Contract, Any hard copy products derived. from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDETt far any purpose Other than for PROJECT without the express written. consent of PROVIDER. RECIPIENT also .hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT' and only for this PIZarECT, mnd is ricyt to lbe released in any £orn~ or re-distribut©d to any other parry without tlroc prior written onnsent af. PROVIDER. RECIPIENT glia.ll not share PRODUCT with other parties in violation of any licenses, proprietary ownership, data sbaria~g agreement or the Califoroia Public Records Act (GovertYment Code, Chapter 3.S,Sections 6250.6270). No provision oi'the agreement shall limit the applicration. of the California Public Records Act or the .~ 01 G2 (E40Ni 69:23 7~:iLIAivI LETTIo~ ASBOC[ATEc. iNC. 9252566075 ?AGE. 3i7 Federal Freedom of Information Act {5 United States Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored o:n magnetic media, for information and reference in connxtion with RECIPIENT'S use for the PROTECT. lntegri of tf~E..PR[~i]i1f'T RECIPIENT hereby agrees to accept all reapottaibilities for maintaining the .integri.ty and. accuracy of the PRODUCT. PROVIDER malcea ao representation as to the accuracy and suitability of the PRCIDUCT with respect to its uoe for the PROJECT. RECIPIENT hereby agrees to assume any and. all responsibility for any results obtained in the ua~~ of this PRODUCT, RECIPIENT understands that the conversion of data fi+om one system, format, and projection to an alternate system, format, or projection cannot bo accomplished without the possibility of the introduction of ine~cacti.tudes, anomalies, and snore. RECIPIENT agreewq to assutine all risks associated. therewith, and to the fullest extent permitted bylaw, to hold harmless and to indemnify PRCVIDER from and against all claims, liabilities, losses, damages, and costa, including, but not limited. to, attorneys' fees, arising therefrom, ar in connection therewith, The parties to this agreement acknowledge that the PRODUCT' is complex, and may eontairl sonic nonconformity's, defects or errors. The FRC)VIDL~R does not warrant that the PRODUCT` will meet the R1aCIPII3NTS' needs or expectations, or. that all nonconformity's, defects, or errors can or will be corrected. urity RECIPIENT agrees to safeguard product from unauthc~rizal intentional and unintentional release to third parties using a high degree of care and security'. ~lsl~ RECIPIENT agrees W indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, anal employees from any a~~d all claims, actions, or causes of actran for. damages, including; but not limited ta, any costs of recovering, reprogramming, or repraducin.g any data sorted in or used with the specified PRODUCT, damage to property or for an.y lost profits, lost savings, or other statutory, spccia.l, incidental, or inclirect damages arising out of the inaccuracy, unreliabiNty, use of, or inability to use the PRC>DUi~T, even if FROVIDER has been advised of the passibility of such damages. Ilisttibution Mothods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what .methods are available for distributing the PRODUCT. Those include.using the 1~ile Transfer Protocol {FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM{s); distributing the PRODUCT using Magnetic tapes and diskettos media. Distributian.Liability Although these data have been processed successfiully on a computer system at PRO`VIDfiR, no warranty, expressed ar implied, is made regarding tlbe accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution. constitute any such warranty. This disclaimer applies both to individual use of the data anal aggregate use with other data. It is also strongly recommended that careful attention be paid to the contents of the metadata file JUL. Li 02 (MUNy C9:2, WILLIAM: LETTI6 & Ak",oOCIATEb INC. 92a25fi60ryb FADE. ~/7 associated with Chew data. I'Ii.OVIDER shell not be held liable for improper or incorrect use of the data describedand/or conCained hcrcin. If the PRODUCT is not copyrighted and subject to a licensing fee, the FROVIDER will pravide a espy of the PRODUCT with relevant documentation. to ttae RECIPIENT. If thv PRODUCT is subject to a licensing fee, or otherwise n.ot available; far transfer from PROVIDER, the tROVIDER will notify the RECIPIENT of the specifics of haw the PRODUCT can be obtained Pram. tl~.e OWNER. The 'PROV1DElt. wilt. supply to RECIPIETT'[' a copy of ali readily-available documentation .relating to the PRODUCT, including metadata and data diatio~taries. The parties to this agreement ogee to apply, ss passible acrd fcasiblc, eaistirtg standardq for docurnentatiott, metadata,.data formats, geogapluc accuracy, and database dosign as promulgated. by the Federal. Creographic Data Committee. This agrecrneat will remain in force until. cancelled. The parties to this agreement have the right to withdraw from this agreement 6y giving writt~on notice to all signatory parties. The previsions regarding ownership ofpraduct, restrictions on usc, integrity, security, hatd liannl.ess, anal distribution. liability survive the cancellation of dais agreement. .r/ ' .. RECIPIENT Signatut~ ~c,'!~i ~'elso~ Printed Name I r1'cc ~i~1_' _ Title 7~ f~o~ Date PROVIDER 9ignaturc Printed Name Title Date JUL. 01 02 tMON) 09:24 WILLIAM: LETTIS & A660C[wiEb INC. 9252566075 PAO%.5/5 ATTAC~]fMENT A, Description of PRQDUCT (Insert here all meta-data information. Include any, and aI1, information necessary to completely identify and specify the PRODUCT that is the subject of this agreemen.t.) -- Parcel shapcfile (ArcView format} -- Rands shapefile (ArcVi.ew format) -- Landuse shapefile (Arc'Vicw format) -- Zoning sbapefile (ArcView format) Ir'ote (from Nikki Nowack, GtIS Coordinator, City ~~f Cuperti.no): Our digital parcel map was just completed in June of 20oz, based on new orthopltiotography firotn 2000. Streot right-~f-ways are w/in a horiwntal accuracy of !', and 2' for parcel length and width. Digital maps were compiled an the Califarnia State Plan C~~ordinate System, Zaae III, using NAD $3 and NAVD 8$ datum. Also, the landuse and zoning shapefile will not line-up "perfbctly°' with the parcel map in some areas. We have not yet aligned our older maps with our new digital parcel map. CITY OF C'UPERTINO DATA USAGE; AGREEMENT By and Between: CITY OF CUPERTINO (Hereinafter referred to as PROVIDER) And SANDRA SUNIlVIERS /COMPASS MAPS, INC. (Hereinafter referred to as RECIPIENT) Entered into at MODESTO ,California PROVIDER agrees to provide the data described in Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: UPDATING OUR MAP DATABASE. (Hereinafter referred to as PROJECT). Ownership of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the .PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PRODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used exclusively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, proF~rietary ownership, data sharing agreement or the California Public Records Act (Government Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT'S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no represent~ition as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJE('T. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the use: of this PRODUCT. RECIPIENT understands that the conversion of data from one system, format, acid projection to an alternate system, format, or projection cannot be accomplished without the po:~sibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assume all risks associated therewith, and to the fullest extent permitted bylaw, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agn°ement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPIENTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. Security RECIPIENT agrees to safeguard product from unauthorized intentional and unintentional release to third parties using a high degree of care and security. Hold Harmless RECIPIENT agrees to indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any ~~nd all claims, actions, or causes of action for damages, including, but not limited to, any costs of recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or i~idirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These iiiclude:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskette; media. Distribution Liability Although these data have been processed successfizlly on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. This disclaimer applies both to individual use of the data and aggregate use with other data. It is also strongly recommended that careful attention be paid to the contents of the metadata file associated with these data. PROVIDER shall not be held liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is not copyrighted and subject t~~ a licensing fee, the PROVIDER will provide a copy of the PRODUCT with relevant documentation to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for tr~insfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PRODUCT can be obtained from the OWNER. Documentation The PROVIDER will supply to RECIPIENT a copy of all readily-available documentation relating to the PRODUCT, including metadata and data dictionaries. Standards The parties to this agreement agree to apply, as possible and feasible, existing standards for documentation, metadata, data formats, geographic: accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of Agreement This agreement will remain in force until cancelled. The parties to this agreement have the right to withdraw from this agreement by giving written notice to all signatory parties. The provisions regarding ownership of product, restrictions on use;, integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement, w ~~S RECIPIENT Signature ~IP~S-M~~~;~1C .PROVIDER Signature 5~1•,ty~ Pr ~U ILt tit ~S Printed Name CAS-~C~ R~P~ E f~ Title Printed Name ~~ S ~'U!>~~~2G~°~- Title ~-C.o- OZ Date 9-23-dz Date ATTACI3MENT A Description of PRODUCT (Insert here all meta-data information. Include ami, and all, information necessary to completely identify and specify the PRODUCT that is the subject of this agreement.) 08/20/02 TLE 09:37 FAx 653 OE50 GDT f~002 CI'~Y OF C'UPERTINO DATA USAGE AGREEMENT By and Between. CITY OF CUPERTINO (Hereinafter refereed to as PRUYIDER) And CIEOGRAPHIC DATA TECHNOLOGY. INC. (Hereinafter referred to as RECIPIENT} Entered into at Cupertiono ,California PROVIDER agrees to provide the data described in Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: DATABASE IlyiPROti'EN>ENT AS DESCRIBEJ;~ 1<1~T THE A'TTACHID ATTACHIVIIJNT B (Hereinafter referred to as PROJECT). Own~v o~ PRQ~U~'~' and Attribution PROVII7ER is the legal owner, or licensor, of the PRODUCT descr+bed in Atta~chmcnt A, and shall retain ail rights, title, interest, and license of the P:LtODUCT, It is understood and agreed on vy RECIPIENT that use of this data will be used exc:'~,usively and for the sale purpose of the PROJBCT by Rk,C1Pl>'rN!' for the time period covered by the; Contract. Any hard copy products derived from the PRODUCT must give credit tv PRQVIDER as the source of the infamiation. KeSkricti.bns bLA Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any petrpose other than for PROTECT without the express written consent of PROVIDER. REClPIF1V'T' also hereby acknowledges that the PRnT)1;JGT deliver~:d by PROVIDER is for the use only by RECIPI)NT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent of PFZOVIDI~R. R]CIPIENT shall nat share PRODUCT with other parties in violation of any licenses, pro;prictary ownership, data sharing agreement or the Califarnia Public Records Act (Government Code:, Chapter 3.5,Scctions 625Q-527Q}. No provision of the agreement shall Limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, SectiorE 522). RECIPIENT may retain copies of the Provider Dcua Usage Agn°e-nent 7/02 Page 1 Reeipien~ 08/20/02 TUE U9:37 FAX 853 OY50 GDT 0 003 PItODUGT, including copies stored on magnetic media, for information and referent: a in conncution with RECIl'IENT' S use :For the PROJECT. Tnteg~ty of ~¢,pUCT RECII'IENT hereby agrees to accept all responsib.litiesfnr maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representi~tion as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIP]ENT hereby agrees to assume any and all responsibility for any results obtained in the us~a of this PRODUCT. REGJ.FIFNT understands that the conversion of data from one systmn, format, alid projection to an alternate system, format, or projection cannot be accomplished without the po,~sibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assuame all risks associated therewith, and to the fullest extent permitted bylaw, to hold harmless and to indemnify PROVA7I R from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to thi s agr~cment acknowledge that the PRODUCT is complex, and may contain some nonconformities, defects or ecTors. The PROVIDER does nut warrant that the PRODUCT will meet the RkCIPIENT5' needs or expectations, or that all nonconfatrmities, defects, or errors can or will he t::orrected. Security REGIP]F~1'I' agrees to safeguard product from unauthorized intentional and unintentional release to third parties using a high degree of care fund secur.ty. Hold Harmless REC'IPIEN'T agrees to indemnify, defend, and bold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any and all claims, actions, or causes of action for damages, including, but not limited to, any costs of recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODTJCT, even if PROVIDE. bas been advised of the possibility of such damages. Distribution Methods Upon request of ifie RECIPIENT, the PROVID11h: will inform the RECIPIENT what methods are available for distributing the PRODUCT. These include:using the File Transfer Protocol (k"l'P) t4 send the PRODUCT via the INTERNET; distdbu~ting the PRODUCT pn CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskettes media. Distribution Liability Although these data have been processed successiuJ.ly on a computer system at PROVU7ER, no warranty, expressed ar implied, is made regarding. the accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. This disclaimer applies both to individt~l use of the data and aggregate use with other data. t'rovider Dana Usage Agreerraens 7/a2 Paga 2 Recipien~ 08/20/02 TLiE 09:38 PAx 853 0254 GDT ~ 009 It is also strongly recommended that careful attention be paid to the contents of the mctadata file associated with these data. PROVID]:,R shall not lie held liable far impzoper or incorrect use of the data described and/or contained herein. Transaction Costs and Pees If the PRODUCT is not copyrighted and subject to a licensing fee, the PROVIDER will. provide a copy of the FRODUCT with relevant docurnentatiQn to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for tr~sfer from PROVIDER, the FROVIDER wil! notify the RECIPIENT of xhe specifics of how the FR4DUCT can be obtained from the OWNER. Document. The PROVIDER will supply to RECIPILI~T a coF~y of all readily-available documentation relating to the PRODUCT, including metadata and data dictionaries. tandards The parties to this agreement agree to apply', as possible and feasible, existing standards fox documentation, nxtadata, data formats, geographic accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of A rg'_eern~nt This agreement will remain in force until cancelled. The parties to this agrccnxnt have the right to withdraw from this agreement by giving wz~.tten n~oticc to all signatory parties, The provisions regarding ownership of product, restrictions on use, integrity, security, hold harmless, and distribution liability survive the cancellation of this a~eement. CIP]FN!' Si tort PROVIDER Signature _Kenneth C. Farseth ~ ~~ Printed Name Printed Name Sr. Vice President ~~~ 4~v'"~'`~~ Title Tide D~ Date provider Dana Usage Agreement 71t~2 Fuge 3 Recipiunr 08i20r42 TL~E 09:39 FA% 853 0250 GDT 01005 ATTAC]1~1V1~~TT A Description of PRODUC'E' (Insert here all meta-data infolrnation. Include an;y, and all, informafiion necessary to completely identify and specify the PRODUCT that is the subject of this agreement.) Digital Pazccl biap with Addressing- runt 2002 Compiled on the California State PIan Coordinate System, Zone LQ, ItiTAD $3 and NAVD 88, 2800 Orthophotography Street Right-of--Ways are within a hozizontal accuracy of 1', and 2' for parcel length and width Prrrvider Data Usage AgreEanent 7/02 Page 4 Recrpien~ U8~'2Q/tl~ TL'E D9:39 FAQ 853 OF50 GDT ~ UU9 ATFACI~4IEP~IT $ DATA USAGE PROvf~iON GDT is working to improve the cvnten,t and accltracy of its nationwide street centeriane database. As part of this effort, GDT is seeking geographic infaraaatian in a variety of formats and medial, including but not ]irnited to geographic information systems {CxXS) datasets, from data providers that are accurate and current. Notwithstandingthe pror~~isions of the Agreerncnt atiached hereto, G,']T may use, reproduce, reformat and copy the provider's i~~formation anti any update(s) on GDT's, or an authorized GDT subcontractor's, local network systems and free-standing workstations owned, leased, or operated by GIST for use by anthoriz~d users at GDT's, or an authorized GI)T subcontractor's, principal place of business. GL7'!' may use the provider information and any update(s) to update the street network and attributes of GDT's nationwide proprietary database frarn which commercial data products are produced. provider Mara elements, from the information and any update(s), that are missing from the GDT database, and more accurate data elerr~ents in the provider infvirnation and any update(s), rn.ay b~ incorporate.d into the GDT database on an element-by-~elernent basis. Apart from the data clcments ircorporatcd into the GDT database, the data provider infarmotian rind any update(s) Twill not be resold or redistributed to third part7les. The original information and any update(s) will be retained at txDT as a reference resourcE in CDT`s map librazy. ,Provider 27ata Clsage Agreement 7102 pale S Recipient OCT-18-2002 18 ~ 29 F 1 NRNCE ANC AI'~11 N G'~T'Y OF CUPF.ErllNO DA'T'A USAGE AG](tEEMF:NT $y ~r~d Bctwccre CITY OF (Hcrt:it~ And 1 4~ 286 6289 P.02 rcferrr;l to as PROVlUES) [NTOIU~I~-T1ON SERVICRR Dl: rei'rrredto as CnT.n.TTY 4F SANTA CI.AR a ~.~i.~-- Caltteretut l~;ptered into at FRUVlLER agrees lu },rnvidc the data dsscriixcl in q.tteot-tnent ~- (Tiereinnflcr re£~tted t0 as PRQDUCT) to RECIFIEN'C only for the pusposa ~ Ated below: CHenin~tta rCf~~ird ~o as PKUJECT). Rrant T . tan pRUV 1DER is tine lrgal owner, or licensor, of the PF,f1nl:JCT described In A,ttachrrient A, and 811b11 rc*s~in all rights, title, lnlcnVst, and license of the PRODII('T, It iS understood ~ uCr~ RpJEC;'1' by itEci~i~mr th9tt use of llris data will be uaad exelusivrlY and for the solo T5 drrivecl from the TIECIPlI~NT for rite eitnr' rte PAQViU Ras the s tuir~c:C of the ialo~rtnatiom FRl3laUCT must ,gi Rom oa Tree REClPILN'!' aAtees tb,st they wi11 not use arty inforp'~Btion provided by PROVIDER ~r nay P'~P~ nli~er tlteri for PYZu7ECT whlu~ut the txpross written consent of PRDVID~ REC1PlENT athr, hereby aclnwwledpes that the PRADUCT datlvered try PRp'VIpF.R is far the use only b'Y R~CiFiY:NT oad only for this PR(fJECT, and is nor to be releasexl in ~Y inrrn or re-distribuiexl to any ~,ciur party wit3~aut the prior ~rriti.en wnsant ofl'R~~VIDFR. RECiPIII~1'1' sbatl not stuare PRQnt7CT witl, otltiar parties in violtttioa nS'xu}" licC~s, l~Frietary ownc~rslrili, data sltarinS ur tlu C.ayifomia!'ublia Records Act (Ccnrettmyont Loda,'"bapter 'i.S,Sectioats b25U b~'10). Na pruviRian of the agreatternt shall limit tlyr, appliccatti~on of the CsliiomJa Puhli~; Records Act ox ilx Federal Fraadorn ~,f lnfertnatiofl Act t5 Uniir~l grates Codc. Section 522). RR(`.iPIENT rvAy cet3it~ copies of tl~ LCT-16-2002 18 29 FINANCE AND ADMIN 1 408 285 5289 PRODi.If'T, iaclud'm~ aapies scored on mag~sttic tstedio, for jnfpmtatioa atKl rcfcrenco in ooituection wiib R.ECiP1TNT''S use for tht PROJECT. ~e~' e~f tote PRODtJG l: RECIPIENT' 17erclry agrees to a.ccopt all responeibi1it ~e.~. fnr mairttainictg tht5 integrity a+xi accuracy of rho PRidDC'CT. PkOYID1rIt mBlsos no representaciuu, ss to the nvcuraoy tend suitability of the PRODUCT with respect to its use for the PRGJLCT. RF.CIPI.EN'1' hereby agrees to ax~ulx~r. aTn'' sad all responsibility ~>r ary results obtouaed in the use of thin PRODUCT. ItECIP1ENT undar~le+~.~ that the conversion ut+tata from on+o system, fotrn[tt, aad Ini~jcc;tiun to an Altcrmte system, faraml, sir projection cacnnul Ue aceemplishod without the possi'hility of the iDtraduction Qf inexacthtxlrr, anomalies, and errura, RF.CIPII/!v l agrees to assume aIl , iii; associated therewith, and t ~I~~u~lest extent pet7nitt~ed by ~w, to hold horncdess attd t0 tttdentrufy PlinYiDEIt from and - there~sun~, IinbiiitiAS, losses, dnmag~. aad costs. mciudi[tg, but ncR lirnilal t~, attonttcys' fees, arising or m cetmcction tllkrewith. The parties to this ogreemet[t scknuwle~pe that thG PRODUCT is complex. Bad m'+5' cOritaht some nonconforautY's, deEtt+cts 4r enrurs. Tl~e PItUYIUER daps mot warrantth4l the PRODUCT will meet the RECIi'litrNT'S' needs Qr rx~;tatioL59~, or tk~t all no[tgortfomtity's, defects, ur tarrn ra can or will bo corrected. .;~~tY ItECIPIEN'1' agrees t0 s9dbgtt[arcl product frrom unsutllorized attentlunal AIKI wYintcatiortaLl release to third parties us¢~t a high degree of care and socurity, Hi~ld Tiarmless REC:iPfrNT agrees to indcasstiPy, defrn3, r++xi lx~ld h[malcss pltuVIDER, its offeea~+, agents, u~jtrSUlt8nt8, contractors, uCd en>ployees &utu any arul all cloims. actions, oc causes of ac:tiou for clv~utges. including, h~ut not limiteQ [o, atry cults +if rcxoYCririp. ropragra[tm'~, ur rrprarh~cing any dates, ~x-rled in ar usad with the specified PRODUCT, darttsgc to property or fbr any lu5c pt,,fits, lost wvu~gx, nr other statutory. SpCC18y, mcidetttKl, Ur iruji+CCt dautagCS ansi0,p, oUt of the SOACCUrauY> u~rlisrl>ility, use o£ Ot intabilitY to use the PRODUGP, even if'PRUV.WIIR has been adviser) of the pox~b~7ity ~~f,uth da~cs. C~~t1s?ds Upon requaxi of tl7e R>:C[P11rN'1', the PROVIDER will iuform the RECIPIENT what methods art avaibtble for ~listril~uti~ tht PRUUtJCT. Those iinclade:usic~ the rile Transiact protocol (FTP) to send the PROJ~i 1(:T 'vie thG IN1'l;ltlvET; dis[ribtuntg the PRC1ni f t".T on L;ll-Hl'1M(8); distrlbuting the PRODUCT usi-~ Magnetic tapes cud diskettes media- Dlsrrjtau ' ' bi i AJthouglt thew. +lar.a Dave been promised sacoeasfitlty on ~~ rn+ti~utxs sysiCm of i'ltOVII)ER rta vc~arrracuy, exprrxvt~~ ar iayplicd. is made rapstr0ing tt~ xccutacy or utility of the d4ta an any outer system, car fitir gcxx3ral or scierttitle purposce, aor stud thr ~'t of distribufian ca[tstitute any such wq~y, T}na disclaimter applies bokit to individual usr. u~tl~c data and aggregots use with ocher JNta. P. 0 S OCT-18-2002 1a~30 FINANCE AhID ADM1N A'1'Y'ACLiMF~i~T A ])escri~ion ut P1liUDUCT 1 408 286 628S °.E~S 1 ludo ~i aa'i all, infotn nacx~.c..wgry to gompletely (insert here all uera-data tnfornoatro~. Ac Y: ideutffy a~od speeifj the PA(}i1UCT that is the ~ihject ~tf this a~reQtt~t'tt.) 1 he Gouty Baseneup A.otjuatmer~t Pilot project Karam NdII evluate !ha City of l'upet~tirw's bascnnap lpYars to dararmtn~ (>W l,C,setnap e+ohc~reQmant needs C:nurtty-wide. Tlfe City" f + C'uperfi»o's base,nap lavers uil! be firserl with tltt c;ou,~y'.s bara,r,c~v (u 1 j alCtdrlPq~ tho Counrywtcl~ hrYaes~ap enlxmcctmettt needs, a,u12) to a,;ct~ratcly jor'ecas( (ice ~~nars for a¢justma~st of bc,sernap IQyers (R(7Ws, 1'ar~ccls, ,md 51rr~aaesj far ul1 of Santa Clara Cowsty TOTAL P. 05 OCT-1B-2002 18~3p FINAhJCE ANLI ADMIN 1 408 286 6289 It is alw st.rnrrgly recotna-et'idadtpat careful ottention be pa iri to the oontents of fife rnemdota file asttoCiate~l with tirese data. PROV]J3f?R sbail ttot be held liable for innproPeT or ~~,rrect use o~'the dMs dpccribr~l andlor oortt~ted herciil ~ .e.~9.Ye;n~ ~;,gas ~ rc~ axui ~+hjoct w a licten~S ~~ the pROvIUER will Provide a Ifthe PRic?DXJ!':T u no! capes Dopy of the PRC)t7UCT tivith rebavant dvw++~cnteklQn t0 tlse [tECIPi>"NT. It tl-o pRfaDUC:T is subjca to n lieenaiat3 fae, ar otherwise not avai~al~ for transfer, t;rom PROVTDLR, the t'ELOVIDE,R will notit'y the RGCIFIENT of the 9peoit'ias of how rht PRODU(:~f een be obtai~~ed from the O~ fk~r.+ A T1re 1'1tOVIDBR vrill x++ppiy tv !{ECIPIENT x rnpr oi'ali re3dily$vai]~+fik siacuexriritation relathu~ to tho PRUD[,TCT, inolu+liup mctadata acrd data diotinnsr;irs, S.tm~ord~ 'fhc partiES to this x~,rrement a~tee to apply, as Ix»St~~le and feasil~, a}'•'Is~ ~~~ for ~pn, metadata; data fptm8.ts, Seo6r'aPh;c xc,cutacy, and database design a, pmmul~,ated b7 the l'edcra.t OeoQ'aPhlL Data Coamssttee. rcr~ P. p4 This a~-exttscnt will rotmtla to fiuce until csnAClled. 7'i~c lrarties to this s{~eems~xve'theoc~ t to withdraw from this agreemecrt by $iviztg wr>iten notice to alt ai~Oltory I?~ 1?n regarding ownersiuP of produe:t, ~r;strictions an use, inte~,rlry, Security, lwld harmless, xnd distribution lialulity survive tlke catyceltation of this a~grcv~tnetu• _ ~^ REt^.TPTI~T bignpture 1~'rintrsl Naoao fY1Q nRb ~ - Tit1c i ri om_ Date w nVID ' dtgstaturo ~i ~ ~~ priatrd Naroc Title /~-3-0 Date CITY OF CUPERTINO DATA USAGE AGREEMENT By and Between: CITY OF CUPERTINO (Hereinafter referred to as PROVIDER) And William Lettis & Associates, Inc. (Hereinafter referred to as RECIPIENT) Entered into at -Walnut Creek ,California PROVIDER agrees to provide the data described in Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: Santa Clara Valley Water District's Hydrograph Modification Program (Hereinafter referred to as PROJECT). Ownership of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PRODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used exch~sively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent o=f PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any li~;,enses, proprietary ownership, data sharing agreement or the California Public Records Act (Government Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the applic,rtion of the California Public Records Act or the Federal Freedom of Information Act (5 United Stages Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT' S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representation as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the us~~ of this PRODUCT. RECIPIENT understands that the conversion of data from one system, form~~t, and projection to an alternate system, format, or projection cannot be accomplished without the possibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assume all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, ~Jefects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPII?NTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. Securi RECIPIENT agrees to safeguard product from unauthorized intentional and unintentional release to third parties using a high degree of care and security. Hold Harmless RECIPIENT agrees to indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any and all claims, actions, or causes of action for damages, including, but not limited to, any costs of recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These in~~lude:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskettes media. Distribution Liability Although these data have been processed successfully on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. This disclaimer applies both to individual use of the data and aggregate use with other data. It is also strongly recommended that careful attention be paid to the contents of the metadata file associated with these data. PROVIDER shall not be held liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is not copyrighted and subject to a licensing fee, the PROVIDER will provide a copy of the PRODUCT with relevant documentation to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available- for transfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PRODUCT can be obtained from the OWNER. Documentation The PROVIDER will supply to RECIPIENT a copy of all readily-available documentation relating to the PRODUCT, including metadata and data dictio~iaries. Standards The parties to this agreement agree to apply, as possible and feasible, existing standards for documentation, metadata, data formats, geographic accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of Agreement This agreement will remain in force until cancelled. The parties to this agreement have the right to withdraw from this agreement by giving written notice to all signatory parties. The provisions regarding ownership of product, restrictions on use., integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement. RECIPIENT Signature PROVIDER Signature Ke~~ /~e/so+-r Printed Name Printed Name ~~e /~irsic~iit' Title 7• ~•oz Date Title Date ATTAC>H[MENT A Description a~f PRODUCT (Insert here all meta-data information. Include any., and all, information necessary to completely identify and specify the PRODUCT that is the subject of this agreement.) -- Parcel shapefile (ArcView format) -- Roads shapefile (ArcView format) -- Landuse shapefile (ArcView format) -- Zoning shapefile (ArcView format) Note (from Nikki Nowack, GIS Coordinator, City of Cupertino): Our digital parcel map was just completed in June of 2002, based on new orthophotography from 2000. Street right-of--ways are w/in a horizontal accuracy of 1', and 2' for parcel length anal width. Digital maps were compiled on the California State Plan Coordinate System, Zone III, using NAD 83 and NAVD 88 datum. Also, the Landuse and zoning shapefile will not line-up "perfectly" with the parcel map in some areas. We have not yet aligned our older maps with. our new digital parcel map. SENT BY: STRATEGY ASSOCIATES, INC - _I. 6506532774; 'BAR-31-04 23:22; PAGE 1 CITY' QF C17PER111V0 IByarid Between' OF CUPERTINO DATA USACF..ACREEMENT Ater referred to as PROVIDER) And G~~, ~.L~ i frllereinafter referred to as RECIPIENT) lntcrcd into at ?~ -~ ~p~,t t•n ~ "~ , ~r~ 2 ~ i~.~p.x~~-v ,California P'ROV'IDER a#;rees to provide the data described. in t~ttacluuent A (hereinafter referred to as ~'lt(7llUC'I') to R.EC[Yll;N"1' only for the purpose sta>ted below: l.C_.) i v~..t.Q.a.~ 1) S ~ refereed to as PROJECT). ershin of PRODUCT and Attribution 1pROV1DER is the legal owner, or licensor, of the PRC1DLrCT described in Attachment A, and shall detain ail rights, title, interest, and liconse of'thc PRnDI ICT. It is understood and agreed on by I~ECIPlEitiT that use of this data wi:l be used ex~clusi vely and for the sole purpose of the PROJECT try EtECiPIENT' for the timo, period covered by the Contract. Any hand copy products derived from the PRQUI?CT must givz credit to PROVTDER as the source o['thc inlorrnation. I~.EC1PlE~NT' agrees that they will not use any inforna.tion provided by PROVIDER for any propose c>lh~r than for PROJECT vvilhc~ul the expmss written ~;onscnt otPROV~ER. RECiPLENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by 1~.EC'IPIENT and only !'or this PROJECT, and is not to be released in any form or re-distributed to any c~th~r party without the prior written con5enl of PRQV'TDER, RECIPIENT shat? not Share PRODUCT +~~ith ocher parties in violation of Amy licenses, proprietary o;~rnersh~p, data sharing ~sgreernent or the California. Public Rccerds Act (Ciavcrntncnt Codc, Cl:.aptcr 3.S,Scctions 625Q-627t}). No provision of t e agreement shall limit the applicatio~~ of he California Pub}ic Records Act or the Federal Freedon3 df Information Act (5 United States Code, Section 52:!). RECIPIENT may retain copies of the i SENT BY: STRATEGY ASSOCIATES, INC. Er50653277d; MAR-31-Od 23:23; PAGE 2/4 i !PRODUCT, including copies stured on magnetic media, Far inforrnatia~~ and rel'eretace in connection with RECIPIENT'S use for the PROJECT. ttt:C:1PIENT hereby agrees to accept all responsibilities far maintaintttg the integrity and accuracy of the PRODUCT. PROVIDER makes ttu rc;presentation as to the accuracy and suitai'-i(ity of the PRODUCT with respect to its use for the PRO,IFCT. REGIPIF..NT hereby agrees to assume any and ll responsibility fc-r any results ohtaincd in the use olthis PRODUCT. RECIPIENT understands that ~he',conversion of data from one system, forniat, and projection to an alteniate system, fotzrtat, ur projection cannot 17e accomplished witrout the possibility of the izttroduetion of inexactitudes, ~rtomalies, and. errors. REC'TPTRNT agrees to assume all risks associated therewith, and to the fullest ~xt~nt perrriittcd by law, to hold harrrtless and to indi;mnify t'ROVIDi/R frun~ and against all claims, ~ialailities, losses, damages, anii costs, including, but not limited to, attorneys' fees, arising here~frorn, ~r in cotin~tion therewith. The parties to this agreorttent acknowledge that the PRODUCT is complex, and may contain sorrte nonconforn~ity's, defects or crrurs. `!`he PROVIDER does not pvarrant that the PRODUCT will meet the ltt;C'lPIEI`iTS' needs or expectations, or that all honeonf`ormity's, defects, or errors can or will be corrected. acuri t J~Ef~IPTENT agrees to safeguard product morn unau+.~~orizcd intentioaial and unintentional release w t~tirti parties using a high dtgrcc of care and security. of Harmless EC'IPIENT agrees to indenutify, defend, and hold ht~nnless PROVIT)ER, its officers, agents, onsu.ltants, contractors. and employees front airy and all claims, actions, or causes of action liar damages, including, but not Limited to, any eost5 of reco~•ering, reprogramming, or reproducing ally cl!ata sorted in or used with the speeifi~i PRODUCT, damage to property or for any list profits, lost swings, or other statutory, special, iatcidental, or indirect damages arising out of tl~e inaccuracy, u~rcliabitity, use of, or inability to use the PRQI)UCI, evert if PROVIDER has been advisett of the possibility cif such damages. l~istributu~n Methods I~pnin request ol`the RECIPI.hN i, the PROVTI7E1•i will inform the RI~C1PIF,NT what methods arc ai~~ailablc for distrihuting the PRODE;~"T. These inclu,lc:usiug the File Transfer Protocol (FTP) to send the PROlll1C"I' via the 1?VTERNE'l; distributing'he PRODLiCT on CI7-FtOM(s); distnbutirtg lie PRODUCT using Magnetic tapes and diskettes media. w Distibution l;.iability I Atlthough These data have been processed successfully ,m a conic utzr systc2n at I>IZOVIpER, no vrtarr~nty, expressed or implied, is made regarding the t~c.curacy or utility of the data oil any other s~stt~m, or for general or scientific purposes, nor shall the act of distribution constitute any such warrrLnty_ This disclaimer applies both to individual uSC of the data and aggrcgatC use with other data. I r SENT BY: STRATEGY ASSOCIATES, INC. 6506532774; MAR-31-04 23:23; PAGE 3/d i j It is also strongly recotiitricnded that careful attention tie paid to the contents of the metadata hie as'ociated with these data. PROVIDER steal] not b~~ held liable for improper or incorrect use of the data described and/or contained herein. I Transaction Costs and Fees f the PRODUCT is not capytigllted and subject to a licensing fee, the PRUVIDP,R will provide a ;copy o_`the 1'ItUD(;CT with relevant d.ocumenialion to the RECIPIENT. Tf the PRODUCT is subject Ito ~ licensing tae, or otltr~r~uise not available t'or trans!'er fro~il PROVIDER, the PRQ~/IDBR ~-i!1 ~totify file RECIPIENT of the specifics cif ho~~• tl:e PRp.IaUCT can be obtained froru the UWNFR. umentation r ~'he AROVIDEk will supply to RECIf'lENT a copy of all readily-available documentation relating to the I'RODLJCT, including anera.data and data dictaoi~;tries. to lords i '~'ho parties to this a~zeement a~Trec to apply, as passible and fe;tsible, existing standards Fur e~uciunentation, metadata, data formats, geograpi~:~ acc;uracy, and database design as promulgated by dhe l~edcral Geographic Data Committee_ ~s of AgrCc~cnt '>~his agreement wi11 remain in force until cancelled. The parties to ibis agreement have the ri~-t t0 tVithdraw from this agrreement by bluing written notice to all signatory parties. The provisions regarding o~.~~nerslvp of product, restrictions ern use, integrity, security, hold harmless, and di stributiun lia}aility survive the Cancellation. of this agreement. l RECIPIENT Signature ` (1 ~ j )Eyrinted Name ~ aJ ~~ ~ ._ --- 'Title Date ~~ __ r. ~L~~?~Z2~ C~ PFtUVIUBR Signature ~~~ ~ rint~ e ~~ Title ~ ' -. D ~ _ Date SENT BY: STRATEGY ASSOCIATES, ING 6506532774; MAR-31-04 23:24; ATTACHMFI~T A Description o1!'PRQUUCT • Parcels shat:°filc and ce~,terlines shapcftle (E~roUIS format) • Nfctadata PAGE 4/4 CITY OF C'UPERTINO DATA USAGE AGREEMENT By and Between: CITY OF CUPERTINO (Hereinafter referred to as PROVIDER) And (Hereinafter referred to as RECIPIENT) Entered into at ,California PROVIDER agrees to provide the data described iii Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose ;Mated below: (Hereinafter referred to as PROJECT). Ownership of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PF:ODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used excl~.isively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express writtf;n consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, proprietary ownership, data sharing agreement or the California Public Records Act (Government Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT' S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representation as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the use of this PRODUCT. RECIPIENT understands that the conversion of data from one system, format, and projection to an alternate system, format, or projection cannot be accomplished without the possibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assume all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPIENTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. Securi RECIPIENT agrees to safeguard product from unauthorized intentional and unintentional release to third parties using a high degree of care and security. Hold Harmless RECIPIENT agrees to indemnify, defend, and hold. harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any and all claims, actions, or causes of action for damages, including, but not limited to, any costs oj~ recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These iriclude:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskettes media. Distribution Liability Although these data have been processed successfiilly on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding the accuracy or utility of the data on any other system, or for general or scientific purposes, nor sr~all the act of distribution constitute any such warranty. This disclaimer applies both to individu;~l use of the data and aggregate use with other data. It is also strongly recommended that careful attention be paid to the contents of the metadata file associated with these data. PROVIDER shall not lie held liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is~not copyrighted and subject to a licensing fee, the PROVIDER will provide a copy of the PRODUCT with relevant documentation to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for transfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PRODUCT can be obtained from the OWNER. Documentation The PROVIDER will supply to RECIPIENT a copy of all readily-available documentation relating to the PRODUCT, including metadata and data dictionaries. Standards The parties to this agreement agree to apply, as po~;sible and feasible, existing standards for documentation, metadata, data formats, geographic accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of Agreement This agreement will remain in force until cancelled. The parties to this agreement have the right to withdraw from this agreement by giving written notice to all signatory parties. The provisions regarding ownership of product, restrictions on use, integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement. RECIPIENT Signature PROVIDER Signature Printed Name Title Date Printed Name Title Date ATTACf[MENT A Description of PRODUCT (Insert here all meta-data information. Include any, and all, information necessary to completely identify and specify the PRODUCT that is the subject of this agreement.) FROM SJPD-SYSTEMS PHONE N0. : 4082988382 Sep. 08 20x3 02:56PM P~ CITY OF CUriER,'I'I:NO DATA USAGI: AGREEMENT By and Between; CI?Y OF CUPERTINO (Hereinafter referred to as PROVIDER) And CITY OF SAI+I JOSE (Hereinafter referred to as REC1lp~1VT) Entered into at SAN JQSE , Califomia FROVIDER agrees to provide the data described ~.n Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: Street centerline and parcel rubbersheeting for the City of San Jose (Hereinafter referred to as PRO.I'EC"Y"). wncrshiv of PRODUCT anal Attribution PROVXDEIt is the legal owner, or licensor, of the PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PRODUCT. It is understood and ageed on by RECIPIENT that use of this data will be used exclusively and for the sale purpose of the PROJECT by RECIl'IENT for the tirrte period coveted by thej Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER ass the saurco of the information. Restrictions on Use 1ZECIJ'XENT agrees that they will not use any info~rtnatioca provided by PROVII~ER for any purpose other than for PROJECT without the express written consent of PROVIUETt. RECIPIENT also hereby aclsnowlcdgcs that the PRODUCT delivor~ad by FROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is x:ot to bo roleascd in any form or re-distributed to any other party without the prior written consent of PROVVIDER, RECIPIENT shall not share PRODUCT with other patties in violation of F.tny licenses, proprietary ownership, data sharing agreement or the California Public Records Act (Govcrntncnt Coda, Chapter 3. S,Scctions b250-6270). Ir'o provision of the a~reertxet~t shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIEIrI'T may retain copies of ttzc FROM SJPD-Sti'STEMS PHOhIE NO. 4©8298A382 Sep. 08 203 a2:56PM P3 PRODUCT, iricIuding copies stored on magnetic media, for information atnd reference in connection with RECIPIEA~iT'S use for the PROJECT. ity of the PRODUC RBCIPIEIv'T hereby agrees to accept all responsibilities for xrlaintaining the integrity and accuracy of the PRODUCT, PROVmER makes no representation as to tl~,e accuracy and suitability of the PR017CJCT with respect to its use for the PROJE+~T. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the us~c of this PRODUCT. RECIPIENT understands chat the wnvcrsion of data from ane system, format, and projection to an alternate system, format, or projection cannot be accomplished without tkae passibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT a~ees to assia.me all risks associated therewith, and to tlae fullest extent permitted by law, to hold haxmless and to indemnify PRQVTDER fxom and against all claims, liabilities, losses, damages, and costs, ircluding, but not limited to, attorneys' Etta, arising thcrEfrom, or in conaaeetion therewith. The partial to this agrecrncnt acknovvicdge that the PRQDT~CT is complex, and may contain soma nonconformity's, defects or errors. The I?ROVI':DER does not warrant that the PRODUCT will meet the RECIPI'EN'TS' needs or expectations, or that all rtoaacox~f'ornuty's, defects, or errors can or will be ~~orrected. Security RECIPIENT agrees to safeguard product fro.rn uzr:iuthorizc~d intentional and unintentional release to third parties using a high degree of cars aztd security. Hold Harmless RECIPIENT agrees to indeannify, defend, and Bold harmless PROVIDER, its officers, agents, consultautts, contractors, and employees from any and ail claims, actions, or causes pf action for damages, including, but not lit~ited to, any costs of recovering, reprogramt~aing, or reproducing azay data sorted in ar used with the specified PRODUCT, damage to propexty or for any lost pxot:xta, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODiJCT, even if PROVII?ER has boon advised of the possibility of such damages. Distribution Methods Upon request of the 1ZECYPIENT, the PROVIDEl: will inform the REGIP):EN'I' what methods are available for distributing the PRODUCT. These include,using tkae File Transfer 1}rotocol (l~TP} to send the PRQDiUGT via the INTERNET; distributitg the PRODUCT on CD-ROM(s}; distributing the PRODUCT using Magnetic tapes and diskettes media. Distribution Liability Although these data have been processed successi~ully on a computer system at PROVIDER, no warranty, expressed or implied, is made regardinE; the accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution constitute any such wazzanty. Tltis disclaimer applicg berh to ir~divid~aal use o£thR rlaaa a~t~l aggregate uae with outer dat$. FROM SJPD-SYSTEMS PHONE N0. 4©92989302 Sep. 09 2003 02:57PP1 Pd It is also strangJy recommended that careful attention be paid to t1ae contents of the rxtetadata file associated with these data. PRbVIDER sha11 not be held liable for irt~propc`r or incorrect use of the data dc:scriberi and/or contained herein. Transaction. Costs and Fees If the PRODUCT is not copyrighted and subject to a licensing fee, the PROVIDER will pxovide a copy of the PRODUCT with relevant documentation to the R?CIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for transfer from pROvIDIrR, the PROVIDER will notify the RECIPIENI" of the specifics of how tkte 1?RODUCT can be obtazned from the: OWNER. Documentation The PROVIDER will supply to RECIPIENT a copy of ail readily-available documentation relating to the PRODUCT, itzcluding met.adata and data dictionaries. Standards The parties to this agreement agree to apply. as possible and feasible, existing standards for documentation, metadata, data formats, geo~apl•-ic accuracy, and database design as promulgated by the Federal Geographic Data Cotnmi.ttec. Tgr~ts of Aereetnent This agreement will remain in force until cancelled. The parties to this agrccmont have the right to withdraw from this agreement by giving written :notice tv alI signatory parties. The provisions regarding ownership of product, restrictions on use, integrity, security, bald harmless, and distribution liability survive the cancellation of this agreement. ~~ ~ f RECIPIENT Signature ~axl plarris Printed Name GIS Coor~~.Ipx Title September _$,_2003 Date PROVIDER Signature ~t1~'~,h~~ ~~~.c,~ Printed Name ~' ~S ~~r~'~~r Titlt Date FROM SJPD-SYSTEMS PHONE N0. 4@62988382 Scp. @8 2@@3 @2:57PM P5 ATTACHMENT A Description of PRODS"C'~' (Ittsert here all meta-data information. baclude any, and all, uzformation necessary to conrtpletely idcttti:fy and specify the P1tODU'CT that is the subject of this agrcc;ment.) GrS Street C°ntezlazae datase. (graphics, data attributes and metadata) CxYS parcel dataset {graphics, data attributes and tnetadata) (please identify data. format [i.e. shapefileE.] and coordinate projection system} CITY OF CUPERTINO By and Between: CITY OF CUPERTINO DATA USAGE AGREEMENT (Hereinafter referred to as PROVIDER) And referred to as Entered into at California PROVIDER agrees to provide the data described in Attachment A (hereinafter referred to as PRODUCT) to RECIPIENT only for the purpose stated below: (Hereinafter referred to as PROJECT). Ownership of PRODUCT and Attribution PROVIDER is the legal owner, or licensor, of the PRODUCT described in Attachment A, and shall retain all rights, title, interest, and license of the PRODUCT. It is understood and agreed on by RECIPIENT that use of this data will be used exclusively and for the sole purpose of the PROJECT by RECIPIENT for the time period covered by the Contract. Any hard copy products derived from the PRODUCT must give credit to PROVIDER as the source of the information. Restrictions on Use RECIPIENT agrees that they will not use any information provided by PROVIDER for any purpose other than for PROJECT without the express written consent of PROVIDER. RECIPIENT also hereby acknowledges that the PRODUCT delivered by PROVIDER is for the use only by RECIPIENT and only for this PROJECT, and is not to be released in any form or re-distributed to any other party without the prior written consent of PROVIDER. RECIPIENT shall not share PRODUCT with other parties in violation of any licenses, proprietary ownership, data sharing agreement or the California Public Records Act (Government Code, Chapter 3.S,Sections 6250-6270). No provision of the agreement shall limit the application of the California Public Records Act or the Federal Freedom of Information Act (5 United States Code, Section 522). RECIPIENT may retain copies of the PRODUCT, including copies stored on magnetic media, for information and reference in connection with RECIPIENT'S use for the PROJECT. Integrity of the PRODUCT RECIPIENT hereby agrees to accept all responsibilities for maintaining the integrity and accuracy of the PRODUCT. PROVIDER makes no representation as to the accuracy and suitability of the PRODUCT with respect to its use for the PROJECT. RECIPIENT hereby agrees to assume any and all responsibility for any results obtained in the use of this PRODUCT. RECIPIENT understands that the conversion of data from one system, format, and projection to an alternate system, format, or projection cannot be accomplished without the possibility of the introduction of inexactitudes, anomalies, and errors. RECIPIENT agrees to assume all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and to indemnify PROVIDER from and against all claims, liabilities, losses, damages, and costs, including, blot not limited to, attorneys' fees, arising therefrom, or in connection therewith. The parties to this agreement acknowledge that the PRODUCT is complex, and may contain some nonconformity's, defects or errors. The PROVIDER does not warrant that the PRODUCT will meet the RECIPIENTS' needs or expectations, or that all nonconformity's, defects, or errors can or will be corrected. Security RECIPIENT agrees to safeguard product from una~~thorized intentional and unintentional release to third parties using a high degree of care and security. Hold Harmless RECIPIENT agrees to indemnify, defend, and hold harmless PROVIDER, its officers, agents, consultants, contractors, and employees from any and all claims, actions, or causes of action for damages, including, but not limited to, any costs oi~recovering, reprogramming, or reproducing any data sorted in or used with the specified PRODUCT, damage to property or for any lost profits, lost savings, or other statutory, special, incidental, or indirect damages arising out of the inaccuracy, unreliability, use of, or inability to use the PRODUCT, even if PROVIDER has been advised of the possibility of such damages. Distribution Methods Upon request of the RECIPIENT, the PROVIDER will inform the RECIPIENT what methods are available for distributing the PRODUCT. These include:using the File Transfer Protocol (FTP) to send the PRODUCT via the INTERNET; distributing the PRODUCT on CD-ROM(s); distributing the PRODUCT using Magnetic tapes and diskettes media. Distribution Liabili Although these data have been processed successfully on a computer system at PROVIDER, no warranty, expressed or implied, is made regarding ~:he accuracy or utility of the data on any other system, or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. This disclaimer applies both to individual use of the data and aggregate use with other data. It is also strongly recommended that careful attention be paid to the contents of the metadata file associated with these data. PROVIDER shall not lie held liable for improper or incorrect use of the data described and/or contained herein. Transaction Costs and Fees If the PRODUCT is not copyrighted and subject to a licensing fee, the PROVIDER will provide a copy of the PRODUCT with relevant documentati~~n to the RECIPIENT. If the PRODUCT is subject to a licensing fee, or otherwise not available for transfer from PROVIDER, the PROVIDER will notify the RECIPIENT of the specifics of how the PRODUCT can be obtained from the OWNER. Documentation The PROVIDER will supply to RECIPIENT a copy of all readily-available documentation relating to the PRODUCT, including metadata and data dictionaries. Standards The parties to this agreement agree to apply, as po~;sible and feasible, existing standards for documentation, metadata, data formats, geographic accuracy, and database design as promulgated by the Federal Geographic Data Committee. Terms of Agreement This agreement will remain in force until cancelled. The parties to this agreement have the right to withdraw from this agreement by giving written notice to all signatory parties. The provisions regarding ownership of product, restrictions on use, integrity, security, hold harmless, and distribution liability survive the cancellation of this agreement. ~ ~ ECIPIE ignature Printed N~me Title to PROVIDER Signature Printed Name ~Yoo,~ ~'.L~ ~r~. Title 9 Date ATTACHMENT A Description ~~f PRODUCT (Insert here all meta-data information. Include any, and all, information necessary to completely identify and specify the PRODUCT that is the subject of this agreement.) C~~eorn ear ~ ~~~ C,o r~ Q`~ 7o~v - ~w9 ~ CZ ~1. 7 ~~io uus PiLPa7r e .~/tv em, iZiultuF: ~~~ . au .vea~z~2 g2'~ltoy/i¢ta /vt»,Lu~Zco'k-• ¢~is~ ~2c~ `7~e~via.Bplilaf ~Z~~ti~.~Te~ JUN-88-2004 06:53 FROM: :~,~~ ~~ ~, ti~~~~µ 14 :1b I•AX 40R 7 f T 33R,':t C;f,TV CUf'~:;Rr1Mp CITY l~F C'U.['ERT1t~Tq T0: 408 777 3333 P.002~005 PJ O~JM ~ n0~ - - BATA USAG.>E', AGREEM>GI,T'a' $y and Z3ctw~: CITY OF CUPER'Y'ihl0 (i-Xexeina~er refen;cd to as :i'ItOVX'DIFR) ... And l O ~ (~Ierei na'~er ref ag l/ntered intp at , Califomi>a PROVIDER agrees to provl,d~e the data. deasribed ir.. ,Aitachme~nt A ~b~inafler rei'eTred to as Pi~~A1[JCT) to T3.ECIPIETUT gr,~ly for the purpose statccl laelow: tJwnershiB~~ fJ~UCT and t~tt~lhurson P1OVIDER, is the legal ovvraer, Qz Licensor, oFthe l?R,p~~1UC;T desarlbed in Atl:aolaxa.elnt A, and shall, retain all rights, title, interest, and Ix~tllse pf the PRODUC'T', xt xs uc~derstood and aged o>rt by R~CIPIEi`TT 1:ltaT ta:~ of this dace will ba used exclusively apd ~'o,r tk~ sole purpose of the PROJECT by RECIPIF.I~TT fox the time period covered by the (~ontract. A'oy h8u~cl Copy products derived Beare T3~c l'~t.ODUCT rrnuat dive edit to PRCIVTDLR sS tk~e source of tl~e ir>Iformatien. ~Zestrictions on YJ~ RECIP[ENT r~p>r~s that they will z~ot ttse infonnatian provid©Cl lry PROVIDER for an~+ Purpose other than for PROJ)'vCT without the express wxatks,c~ consent of PROVIDETt.~ RT•.C~I.ENT also bex~by aclrnowledgr~a fleet the PRODUCT dc1i~'prp~l ley PROVIDER is ~r tlao u:~e tanly by RCCIFIENT anal ooly for this P,F.~4JFCT, and is na1: to lye r~le~aaed in a.ny form or re-distri'butcc# to sany other psrty without tli<c prior written congcnt of PI~CaV1DER. RfiCIPI.L'l'~TT sh,ed,l, art slt2~t+e T'TZODiJ'CT with othcs parties in vaolatiipra of any licenses pnopri~ay owtsership, data ahari~~ aptt~e~e>n~t or the California PtiL•+lic Records Aot (Oovernment Code, I~haptcr 3.S,Secti,ot~s fi25~~6270). 1~1'o pzovxvaion of the a~reemeat 9kall ,lienait the application of the Cali~Eomia Public Rac~ord~s ~,ct ar the Federal Frccd4m o~f Tnforms+~tien Acct (5 Unilnd ~tk-tes Code, Section. 522), l~C.ECiPiENT may retsina, capics of the (Herein~er re~rned, to a.~ PROJECT), JUN-88-2004 06:53 FROM: T0: 408 777 3333 P.003~005 f~'1~a43r~~o:ti PRiJT~UCT, includyaatg copies stood on magnetic arrtedia, for inaF4>rmation mad ne,f erexlce in. eonnection with RECTI,''T~TsNT"S wise fr~or the PROTECT. In~t~a 'tv a_ the 'C-DCJ , 1~,ECIPTF-N'I' hereby awes to accept all res~nsibiliti.es .for naaint~,irain~ t1~e integlty euad acc~~mcy of the P1tOTJUCT. ,PROiVID>/R. ,Aaakea no representation as to the accurt~Gy and suitability of the PltOI3UCT with respect to s.ts use for the PROJECT. C~rrIPTEI'~"~ hereby r~,p~rees to assume ~' and all rc~ponsi,irility fort any results obta.it~ed in the u9e of this PRt~.DUCT. RECZPiF_NT understands that the eoziver5ion of data from Dare syst~etxt, fumu~t, and projection to an altCrnat~e syst~n, format, or projection can~w,ot be acconapli:~laed wai~chout the possibility bf the itxtiraductirnar of ine~6uCtitudea, anomalies, mod, emtors. ,RECI!Pl.Tr1~1T agrees to a.~su~ne all zS,~s associated thc>rcwith, and to the fullest Axtent peactruttetl by lave, fro hold hsrsnless and to in,dexnnify Pp.OVIl~ER from arrd agaitrxt all claims, liabilities, iosse.~, dainagcs, and casts, including, b1~t ara.ot linuted to, attosxwcys' fees, a~xising therefrom, oz itw connection th,ezewith. 'l`Ire parties to this agreement e~ekaowl,cclge that, the PROAI,3CT is complex, acrd tray contain some nanec~anformity's, defects or errors. The PR4VIDPR dues not w~nrttnt the the PRODUCT will meet the RECTPTf'sNTS' needs or expectations, or that all nonaoan;fotmity's, defecCs,, or errors can ox will be r.~~rected. Se. _ Cir[1(tY . REC.TPTFNT t'~es to safeguard product from uraaL~thq~rl~ed intentional and un,ix~tentionr>Il release to third paztaies usin~y a high de~xee of cam and sectzril;Y. .FTol~~ess lZT1ClPIENT agrees to indemnify, dc~end, and held E,armlass PROVIDER, its aflicer,Ar agents, cntxsu]tants, contractors, surd employees from, tt~ny turd all claims, actions, Qr causes of action for dama,pes, including, but n+nt limited ta, ~Y cost,S ofrpcevering, repamgram~xwitx~w of reproducir~,g any data sorted in or eased with the specified PI~.QAUC'l', datz~age to proporty br for any last profits, lost Savings, or olCher statutrpry, speci~ei, incidental, oar indirect dar~ges aris~in,~ twat of the izaaca~xracy, unrela'aUilxty, use oft or zar>lahility to use the PRdAUCT, even i£ PRO~TDER has been advised of the possibility of;~u.ch daniagcs. Distri,ba~tiost Methods Upon zer~uest of ih,e RECTPTI;TNFT, the PROVI•DFR tivill infozm the REC,IPIEI+r(T what methods are available for distribu,tian,g the PROl7TJCT. Thcsc iuc.lwde:usang the pile Transfer Paratocol (FTP) to send the Pl~.D1313CT via the WTERNET; distribvtirr.g th,e PRODUCT on CD-RdM(c); distributing tb.e PRODUCT usitwg MagnctxG ttepes and di~lcettes mcdi~a. AistriUuti.on "a,bilftX ~1.lxla.ough these data have been pcocesxecl. successfully on a computer system at PROVIDER, Ao vvarraaCyr expressed or implied, is made t'tgaaxiing tl~e ac~araoy or uLiliry of the data on any otitar system, or for general or scientific purposes, r-or shall tlrc acct of distrll.'~uti,on constitute any such u,.ty. This d3selainzcr aplrlies both to individual use of tlrc d1.ra and aggre~te use vvi,tb other data. JUN-08-2004 06:54 FROM: T0: 408 777 3333 P.004~005 • ~ ~ ~, •_~~~,,~ ~4 •,~.~ rnn uuti f f f 3333 CITY CIII-' ~ ~ - ~RTIIJ[1 ~,. r1(~r1./OCCi h Ks also strongly recomm,,~nded t11at ca(tefial atxentiaax be padci to thq (conixw,t-ts ol'the met~ttata file aegociated vvitlaxhese data. PROVIDER shall nOt tie held 1,iable #'QZ a~proper or zacorreax use Qf the data de;{cribecl and/or aonta,{tted hezein. Transactiata Costs ~,nd T'~s Ff the PROTJTJCT is not coPYrE~It#,ed au,d subject to a, ~icerzs{~.~; fee, tEae ~'RaV~?ER will pmvi.de a copy of the PX~.ODUCT wxtla. relerr8ra>r docum,ernati,an to itte RECX~',fENT. If the ,l?',R,QDUC:T is subject to a Eiooosing fce, or c~therwa,~te not aWailable for tta~as~'er $~om PROVXAEIt, tie PRO~TDER wain notify the RrCI.PI1~i~ of dug specil:'cs of ]tow the ]?R.QDUCT can be obtain«l tCrom the OWI~iI~,~.. D~-~rrtenta, io i The PROVIDER will supply to Rl+~CIPIF' a coQy of all ,n~~a1y-available doataanentatioxx relatin~q to the FRODCJ+CT, iz~cla~ding a(netadata nand data di,ctloi~7nl,as. Stan+~rds T'he pcaties to tlxis agre~tasryt awe to apply, as pos:~xble arul feasible, existing statt.dards £ot documeta'ICation, metadata, data foarnxats, ~eog~mphle accuracy, and. database design a~Q promulgated 1~y tl~(e Federal Ceog~'aphic Dt~~, Committee. e R q~~F~A~ei~.r~,ent This a,(~eemezat wi11 remain in fiorce ia.~ntil can,cel,l,ed. The ~-araes to tlaas agreement have tlic a<~a.ght to vrithdraw from tixis ax~eemctxt by givi.~ written notice to a[l saptatory ppurxies. 11t~e provisions ;cegatdin~ (~wrtership of product, restricad,Qns on use, aaate~tY~ soaurity, laald harmless, and distr~butl,on liability suarvzve the eamcellation of this a~ernent. ~ sCIpIEI'+TT' ~i~natut'c Printed Name/ Title ~CIJ ~ (l ~ ,bate ~~~ ~ n ~~~~~ PItOV'1~ER Signature larimted Name Ta,1;l,e ~-~7~~~ Bate JUN-08-2004 06:54 FROM: vur:.~ i r ci~~d4 iw.dL rnn ~FVh r r r a,,y,i CITY CUPf:;f~T]:h10 A`TTA~~~EI'dT A, De~cript'~an of P1~,OD[7CT T0:4O8 777 3333 P.OO5~OO5 IWj t)t?51005 ~entprlixres shap~~a,~ (Arc(~TS fotxn,~t} ^ Met~r]~kr~