"Spatial Data Products Order Form and License Agreement" - Maryland

Spatial Data Products Order Form and License Agreement is a legal document that was released by the Maryland Department of Planning - a government authority operating within Maryland.

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Spatial Data Products
Order Form and License Agreement
Maryland Historical Trust
INSTRUCTIONS: Please fill in the appropriate information, read the License Agreement on page 2, and sign and
date this form (under “Licensee Signature”) to signify your agreement with all terms and conditions. All fees must
be prepaid before data will be shipped. Checks must be made out to “GIS/Maryland Historical Trust.” Cash or credit
card orders are not accepted. This order form and fees should be mailed to: Maryland Historical Trust, P.O. Box
43, Crownsville, MD 21032. To insure prompt delivery, please also fax a copy of both pages of the order form to
Jennifer Chadwick-Moore at (410) 697-9539 or email to jen.chadwick-moore@maryland.gov. You will be contacted
regarding the delivery date for your order and to confirm the data format.
Requests are processed in the order they are received. It can take 30-90 days, depending on the volume of orders. If
you have a major time constraint, please contact Ms. Chadwick-Moore at
jen.chadwick-moore@maryland.gov
or
410-697-9539.
PURCHASER (LICENSEE) INFORMATION:
Name: ______________________________________________________________________________________
Agency/Company Name: _______________________________________________________________________
Address: ____________________________________________________________________________________
____________________________________________________________________________________________
City: ________________________________________ State: ___________________ Zip Code: ____________
Telephone: ___________________________________ Fax: __________________________________________
E-Mail: __________________________________ FTP: ______________________________________________
GIS DATA:
All statewide data, or data from one or more counties, comes on one CD ($128). If the data requested requires
$ ______
more than one CD, you will be contacted with a price quote. Note: unless otherwise specified, all GIS data will be
shapefiles in Maryland State Plane NAD83, meters.
HISTORIC SITES GIS DATA LAYERS
(includes Maryland Inventory of Historic Properties, National Register, Easements)
Note: If you are only interested in receiving one or several counties, please indicate below:
Counties requested (or entire state):____________________________________________
OTHER GIS DATA
(data not included in Historic Sites GIS Data Layers)
Data requested: __________________________________________________________
__________________________________________________________
SCANNED MIHP INVENTORY FORMS:
_
$100 per DVD, number of DVDs may vary depending on volume of inventory forms needed. If the data requested
$ ______
requires more than one DVD, you will be contacted with a price quote. Note: PDF format; forms are current
through January 2016. Some selected MIHP numbers may not have current PDFs due to ongoing digitization.
Counties requested (or entire state): _____________________________________________
TOTAL ORDER:
$ _______
License agreement must be signed to complete the order
Page 1
Spatial Data Products –Jan 2017
Spatial Data Products
Order Form and License Agreement
Maryland Historical Trust
INSTRUCTIONS: Please fill in the appropriate information, read the License Agreement on page 2, and sign and
date this form (under “Licensee Signature”) to signify your agreement with all terms and conditions. All fees must
be prepaid before data will be shipped. Checks must be made out to “GIS/Maryland Historical Trust.” Cash or credit
card orders are not accepted. This order form and fees should be mailed to: Maryland Historical Trust, P.O. Box
43, Crownsville, MD 21032. To insure prompt delivery, please also fax a copy of both pages of the order form to
Jennifer Chadwick-Moore at (410) 697-9539 or email to jen.chadwick-moore@maryland.gov. You will be contacted
regarding the delivery date for your order and to confirm the data format.
Requests are processed in the order they are received. It can take 30-90 days, depending on the volume of orders. If
you have a major time constraint, please contact Ms. Chadwick-Moore at
jen.chadwick-moore@maryland.gov
or
410-697-9539.
PURCHASER (LICENSEE) INFORMATION:
Name: ______________________________________________________________________________________
Agency/Company Name: _______________________________________________________________________
Address: ____________________________________________________________________________________
____________________________________________________________________________________________
City: ________________________________________ State: ___________________ Zip Code: ____________
Telephone: ___________________________________ Fax: __________________________________________
E-Mail: __________________________________ FTP: ______________________________________________
GIS DATA:
All statewide data, or data from one or more counties, comes on one CD ($128). If the data requested requires
$ ______
more than one CD, you will be contacted with a price quote. Note: unless otherwise specified, all GIS data will be
shapefiles in Maryland State Plane NAD83, meters.
HISTORIC SITES GIS DATA LAYERS
(includes Maryland Inventory of Historic Properties, National Register, Easements)
Note: If you are only interested in receiving one or several counties, please indicate below:
Counties requested (or entire state):____________________________________________
OTHER GIS DATA
(data not included in Historic Sites GIS Data Layers)
Data requested: __________________________________________________________
__________________________________________________________
SCANNED MIHP INVENTORY FORMS:
_
$100 per DVD, number of DVDs may vary depending on volume of inventory forms needed. If the data requested
$ ______
requires more than one DVD, you will be contacted with a price quote. Note: PDF format; forms are current
through January 2016. Some selected MIHP numbers may not have current PDFs due to ongoing digitization.
Counties requested (or entire state): _____________________________________________
TOTAL ORDER:
$ _______
License agreement must be signed to complete the order
Page 1
Spatial Data Products –Jan 2017
SPATIAL DATA PRODUCTS ORDER FORM AND LICENSE AGREEMENT
THIS AGREEMENT (the "Agreement") is made by the Maryland Historical Trust on
waiver of any rights and immunities the Licensor or Licensee may otherwise have under
behalf of the Maryland Department of Planning (MDP), hereinafter called Licensor, and
State or federal law.]
Purchaser of spatial data identified on page 1 of this Agreement, hereinafter called
[For Federal Agency Licenses: Except for damages directly attributable to the fault or
Licensee.
negligence of the Licensor, Licensee agrees to indemnify and hold the State, its officers,
Under State Government Article, Sections 10-901 et seq., of the Annotated Code of
agents, and employees harmless from and against any claims, liabilities, actions, costs or
judgments arising out of Licensee’s use of the spatial data product covered by this
Maryland, Licensor is the owner and/or custodian of geographic information system data
also known as spatial data. Licensor may disclose and reproduce spatial data and charge
License, but only to the extent to which the Licensee may be liable under federal law or
fees for its products and services.
as provided for in any other judicially recognized sovereign immunity or limitation of
liability. This indemnification provision shall in no way be deemed a waiver of any rights
Licensee wants the non-exclusive right to use MDP spatial data listed on page 1 of this
and immunities the Licensor and Licensee may otherwise have under State or federal
Agreement.
law.]
IN CONSIDERATION of the mutual covenants and promises contained herein, Licensor
5. WARRANTIES AND LIABILITIES
and Licensee agree as follows:
Neither the Licensor, nor the owner of these data makes any warranty, expressed or
1. RIGHTS GRANTED
implied, as to the use or appropriateness of the licensed data, and there are no warranties
of merchantability or fitness for a particular purpose or use. The information contained in
Licensor grants to Licensee the non-exclusive right to use the licensed products ordered
the licensed data is from publicly available sources, but no representation is made as to
on page 1 of this Agreement until this Agreement is terminated under Condition 6 or
the accuracy or completeness of the licensed data. Licensor may not be subject to liability
otherwise expires.
for human error, error due to software conversion, defect, or failure of machines, or any
material used in the connection with the machines, including tapes, disks, punch cards,
1.1 License of Spatial Data.
and energy. Licensor shall not be liable for any lost profits, consequential damages, or
Licensor shall furnish Licensee data on the media in use by Licensor unless Licensee
claims against the Licensee by third parties. The liability of the Licensor for any damage,
pays in advance for conversion to and purchase of another media readily available to the
regardless of the form of the action, shall not exceed the license fee paid for the licensed
Licensor.
data.
1.2 Restrictions of Use.
6. TERMINATION
Licensed spatial data are solely for the internal use of the Licensee and not for the use by
6.1 Causes for Termination. Licensor shall have the right to terminate this Agreement if:
any other person or entity, unless specifically stated under Purchaser Information on page
a) Licensee attempts to assign its rights without the expressed prior written consent of
1 of this Agreement.
Licensor; b) Licensee delivers or attempt to deliver the licensed data to another person
without the prior written consent of the Licensor; or c) Licensee fails to perform any
1.3 Permitted Use.
other of Licensee’s obligations under this Agreement.
a. Copies. Licensee may copy licensed data only for use by the Licensee or for backup
6.2 Licensee’s Obligations Upon Termination. Termination by the Licensor shall not
purposes and not for use by any other person or entity. The licensed product can not be
release the Licensee from its obligation to pay any fees owed to Licensor.
used by any other person or entity. The licensed product can be used on more than one
computer system at any time, provided the systems are owned, leased or controlled by the
7. REMEDIES
Licensee.
Breach or Threatened Breach. In the event of a breach or threatened breach of any of the
b. Derived Products. Graphic displays and printed tabular listings derived from the
provisions of this Agreement by the licensee or any employee, representative, or agent of
licensed data may be used by Licensee in publications and presentations, provided that
the Licensee, Licensor shall be entitled to preliminary and permanent injunctive relief to
credit is given to Licensor as the custodian of the data as noted in the metadata citation
enforce the provisions hereof, but nothing shall preclude Licensor from pursuing any
and credit is also given to the original source of the licensed product if other than the
action or other remedy, including damages for any breach or threatened breach of this
Licensor.
Agreement, all of which shall be cumulative.
1.4 Prohibited Use.
8. MERGER
a. Unauthorized Distribution. Any sale, distribution, loan or offering for use of the
8.1 Acknowledgement. Licensee acknowledges that he/she has read this Agreement and
licensed spatial data, in whole or in part, is prohibited without the expressed prior written
agree to be bound by its terms, and further agrees that it is the complete and exclusive
approval of the Licensor.
statement of the agreement between the parties and supersedes any oral or written
communications or representations outside this written Agreement.
b. Reproduction of Products. The reproduction of hardcopy products, as provided by the
Licensor, with the intent to sell for a profit is prohibited without the written consent of
8.2 Authority. Persons whose signatures appear below on behalf of the parties hereto
the Licensor.
represent that they are authorized to sign this Agreement and represent that the License
Agreement is a legal, valid and binding obligation and enforceable in accordance with its
2. ROYALTIES AND PAYMENTS
terms.
Payment Upon Delivery. Licensee shall pay all License Fees before delivery of the
9. ADDITIONAL PROVISIONS
product to Licensee by Licensor.
Laws of the State of Maryland. This Agreement shall be governed by the laws of the
3. ASSIGNMENT
State of Maryland, and the parties shall be subject to the jurisdiction of the courts of the
State of Maryland. This Agreement represents the entire agreement between the parties.
No Assignment. Licensee may not assign the License without the expressed prior written
This Agreement may not be modified except in writing signed by the parties. Waiver of
consent of the Licensor. The permitted assignee shall have all the rights and remedies of
any breach of the terms and conditions in this Agreement shall not be deemed to
the original Licensee, Insofar as the same are assignable. Assignment shall be only as a
constitute a waiver of any other or future breach.
whole and not as a part.
10. SPECIFIC MODIFICATIONS (To be completed by the Licensor if applicable)
4. INDEMNIFICATION (cross out inapplicable paragraphs)
____ Check here if additional specific modifications apply to this Agreement. The
[Licensee shall hold the Licensor, the State of Maryland, and all its employees and agents
following specific modifications are expressly incorporated into this Agreement.
harmless from any action, claim, suit, or proceeding arising out of the use of the licensed
data in accordance with this Agreement. ]
Name of Attachment: ___________________________________________________
[For Local Government Licenses: Except for damages directly attributable to the fault or
Number of pages _______ and/or the following express terms and conditions are
negligence of the Licensor, Licensee agrees to indemnify and hold the State, its officers,
incorporated.
agents and employees harmless from and against any claims, liabilities, actions, costs or
judgments arising out of Licensee’s use of the spatial data product covered by this
Licensor Signature (MHT): _______________________________________________
License, but only to the extent provided for in the Local Government Tort Claims Act,
Licensee Signature: _____________________________________________________
Title 5, Subtitle 4, Courts and Judicial Proceedings Article, Annotated Code of Maryland,
or as provided for in any other judicially recognized sovereign immunity or limitation of
Date:
__________________________________________________
liability in contract or in tort. This indemnification provision shall in no way be deemed a
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Spatial Data Products –Jan 2017
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