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FloodSource Tools: FloodScape™ VeriFlood™ FloodScape™ License Agreement FloodScape™ License Agreement   FLOODSOURCE DATA USER LICENSE AGREEMENT YOU MAY NOT ACCESS THIS WEBSITE OR USE THE DATABASE(S) PROVIDED BY FLOODSOURCE CORPORATION INCLUDED HEREON UNLESS YOU FIRST REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BY CLICKING ON "I AGREE" AT THE BOTTOM OF THIS FILE. BY CLICKING ON "I AGREE," YOU REPRESENT AND WARRANT TO FLOODSOURCE CORPORATION THAT YOU ARE AN INDIVIDUAL CONSUMER, A LICENSED REAL ESTATE AGENT OR BROKER, A LICENSED SURVEYOR, OR LICENSED REAL ESTATE APPRAISER AND THAT YOU ARE NOT AN EMPLOYEE OF: A SOFTWARE DEVELOPER OR EMPLOYEE OF A SOFTWARE DEVELOPMENT COMPANY; A "FEDERAL AGENCY LENDER", A "REGULATED LENDING INSTITUTION", A "LENDER", OR A "SERVICER" AS THOSE TERMS ARE DEFINED IN THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1994; A FLOOD HAZARD OR FLOOD ZONE DETERMINATION COMPANY; AN INSURANCE AGENT OR BROKER; OR AN EMPLOYEE OR AGENT FOR AN INSURANCE COMPANY. AFTER REVIEWING THE TERMS AND CONDITIONS BELOW, PLEASE ACKNOWLEDGE YOUR AGREEMENT BY CLICKING ON "I AGREE," OR THAT YOU DECLINE THIS AGREEMENT BY CLICKING ON "I DO NOT AGREE" AT THE BOTTOM OF THIS FILE. YOU CANNOT OBTAIN ACCESS TO THE DATABASE UNLESS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING ON "I AGREE." TERMS AND CONDITIONS GRANT OF LICENSE: FloodSource ("FloodSource") is an authorized sublicensor of products owned and created by FloodSource's licensor. FloodSource grants you a non-transferable, non-exclusive license to use the map images contained on this web site (the 'Products'), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and FloodSource's licensor retains all, ownership rights in the Products. The Products are copyrighted and may not be copied, even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products. YOU MAY NOT USE A FLOODSCAPE(tm) TO COMPLETE, IN WHOLE OR IN PART, A FLOOD HAZARD DETERMINATION AND/OR AN INSURANCE QUOTE. SCOPE OF USE: FloodSource hereby grants to you a non-exclusive, non-transferable license to use the FloodScape(tm) and/or Flood Hazard Determination Software ("Licensed Products") accessible through this website, subject to the following terms and conditions: You acknowledge that the Licensed Product(s) belong to FloodSource and its third party supplier(s), and that the Licensed Product(s) are copyrighted. Unauthorized copying of the Licensed Product(s), or documentation is expressly forbidden and you may be held legally responsible for copyright infringement, which is caused or encouraged by your failure to abide by the terms of this agreement. You may NOT reproduce, sell, rent, lease, loan, distribute or sublicense the Licensed Product or otherwise transfer the Licensed Product(s) to any third party or use the Licensed Product to create any derived product for any of these prohibited purposes, except that you may make use of maps generated using the Licensed Products if generated in connection with the FloodSource website in a manner authorized by the terms and conditions of such website. You may NOT use the information displayed on a FloodScape(tm) to complete a Federal Emergency Management Agency STANDARD FLOOD HAZARD DETERMINATION (O.M.B. No. 3067-0264 or amendments thereto), FEMA Form 81-93. You agree to use this information for solely immediate or near immediate personal purposes, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the Restrictions set forth in the next paragraph, you may copy this information only as necessary for your personal use to (i) view it on your screen, (ii) save a single copy on your hard drive or disk, (iii) print it, and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the information in any way. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this information, and may not transfer or distribute it in any form, for any purpose. DISCLAIMER OF LIABILITY: FLOODSOURCE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF REVENUE OR CONTRACTS, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, EXPENDITURES, INVENTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR POSSESSION, USE OF, OR INABILITY TO USE THE LICENSED PRODUCT(S), EVEN IF FLOODSOURCE, ITS THIRD PARTY SUPPLIER(S), OR ANY AUTHORIZED DEALER, HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [LICENSEE] OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. INDEMNIFICATION AND HOLD HARMLESS: You agree to indemnify, defend and hold FloodSource and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, irrespective of the nature of same, alleging loss, costs, damages, expenses, or injury resulting from, arising out or in connection with your authorized or unauthorized use, possession, modification, or alteration of the Licensed Product(s). DISCLAIMER OF ENDORSEMENT: Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by FloodSource or its licensors. Product and service information are the sole responsibility of each individual vendor. The FloodSource Corporation name and logo, the FloodScape trademarks and logos, and other trademarks and trade names owned by FloodSource Corporation may not be used in any commercial manner without the prior written consent of FloodSource Corporation. TERMINATION: This license will terminate at then end of a twelve month period beginning on the date of this agreement OR when the entire purchased quantity of FloodScapes have been used OR automatically without notice from FloodSource if you fail to comply with any provision of this license Agreement. Upon termination, you shall destroy or return any written materials in connection with the Licensed Product(s) and all copies made thereof including modified copies, if any. NO WARRANTIES: This information is provided to you "AS IS" and "WITH ALL FAULTS" basis and you agree to use it at your own risk. FloodSource and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information, or that the information or server will be uninterrupted or error-free. You assume the entire risk of loss in using the Products. The Products are complex and may contain some nonconformities, defects or errors. FloodSource does not warrant that the Products will meet your needs or expectations, that operations of the Products will be error free or uninterrupted, or that all nonconformities can or will be corrected. DISCLAIMER OF WARRANTY: FLOODSOURCE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT(S) IS WITH THE YOU, THE END USER. NO ORAL OR WRITTEN ADVICE GIVEN BY FLOODSOURCE OR IT'S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES FLOODSOURCE's LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you. EXPORT CONTROL: You agree not to export from anywhere any part of the information provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. GOVERNMENT END USERS: If the information is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the Data is licensed with "Restricted Rights." Utilization of the Data is subject to the restrictions specified in the "Rights in Technical Data and Computer Data" clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable, or the equivalent clause for non-defense agencies. Manufacturer is FloodSource Corporation, 6751 Rufe Snow Drive, Suite 350, Watauga, Texas 76148 USA. U.S. GOVERNMENT RESTRICTED RIGHTS UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the information is trade secret and proprietary commercial data and not subject to disclosure. MISCELLANEOUS: (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions. (d) Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Tarrant County, Texas, under the auspices of JAMS/EndDispute, with the losing party paying all costs of arbitration. (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. (h) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (i) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (j) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (k) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (l) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (m) The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. (n) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. (o) If any FloodSource professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between FloodSource and Licensee. The parties acknowledge that such services are acquired independently of the Product licensed hereunder, and that provision of such services is not essential to the functionality of such Product. (p) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. (q) Licensor may use Licensee’s name in any customer reference list or in any press release issued by Licensor regarding the licensing of the Product and/or provide Licensee’s name and the names of the Product licensed by Licensee to third parties. ENTIRE AGREEMENT: These terms and conditions constitute the entire agreement between FloodSource (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

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