On-Line Digital Data License Agreement


 FEMA Digital Flood Insurance Rate Maps (DFIRM)
 Adams County, Washington

 ADAMS_DFIRM.ZIP

Licensee hereby accepts such appointment and agrees that all orders for the data placed by the Licensee with Ecology and the relationship of the parties shall be subject to the terms and conditions of this Agreement.

RELATIONSHIP OF PARTIES

The parties shall be deemed to be solely independent contractors and this Agreement shall not be construed to create any partnership, joint venture, or agency.

PROTECTION OF PROPRIETARY RIGHTS

  1. The Licensee acknowledges that pursuant to this Agreement it obtains only the right to use the data and that no right, title, or interest in or to any copyrights, trademarks, or other proprietary rights relating to the data is transferred or licensed from Ecology to Licensee.
  2. Licensee shall not remove, alter, cover, or obfuscate any acknowledgements, copyright notice, trademark, or other proprietary rights notice placed by Ecology on the data or any portion thereof. Licensee shall comply with directions submitted by Ecology from time to time regarding the form and placement of proprietary rights notices on the product, or any portion thereof.

LICENSE

Ecology grants a nonexclusive, nontransferable license to the Licensee to use the data located at the Licensee's address stated above. This license does not grant the Licensee any right to transfer the data to other parties. If you transfer possession of any copy, modification, or portion of the data to another party, your license is automatically terminated.

LIMITED WARRANTY

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

TERMS, CONDITIONS AND TERMINATION

This Agreement shall become effective on the date Ecology executes the Agreement and transmits an executed copy of the Agreement to the Licensee. The Licensee agrees to provide Ecology with feedback on any errors or modifications that may need to be made to any part(s) of the data. This Agreement shall be perpetual and will continue to be in effect until such time as either party terminates this Agreement. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other party. Ecology may terminate this Agreement immediately upon any violation of this Agreement. Upon termination, Licensee shall, if requested by Ecology to do so, return within thirty (30) days the licensed data. In the event of such termination or in the event of a discontinuation of use of the data, Licensee will promptly certify in writing to Licensor that the original and all copies in whole or in part of the discontinued or terminated licensed data have been destroyed.

RETURNS

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

AMENDMENT AND NON-WAIVER

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

GOVERNING LAW AND FORUM

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

SEVERABILITY

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

FEMA DISCLAIMER

Please note that flood data users need to use the actual FIRM panels to make any flood determinations since there are accuracy standards and issues involved. The FIRM panels are still the official legal document.

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Agreement made this 18th day of April 2014 between the Washington State Department of Ecology (hereinafter referred to as Ecology or Licensor) and the name of the organization requesting the data (hereinafter referred to as Licensee). By downloading the zip file, I accept the terms of this agreement.

If you have concerns about privacy, please read the Department of Ecology's Privacy Notice.

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