License Agreement for Dane County Digital Geographic Data Sets
License Terms Dane County produced or co-produced digital geographic data sets including, but not limited to, Tax Parcels, Zoning, Orthophotos, Wetlands, Contours, Digital Terrain Models, Land Use, Road Centerlines, Drainage Vectors, and Boundaries, (hereafter referred to as "licensed data sets"), are copyrighted original works. They are licensed for use, not sold. Dane County and its co-producers reserve all rights of authorship granted under U.S. and International copyright laws and agreements. By signing below, Licensee agrees to abide by all terms and conditions of this agreement. This document constitutes the entire agreement between the parties, and it supersedes any prior agreement, oral or written. Any order for licensed data sets must be accompanied by an original, signed license agreement, or it will be returned unfulfilled to the requester.
Protection of Proprietary Rights Reproduction or redistribution of licensed data sets or products derived therefrom outside of Licensee's organization or entity, without the express, written consent of Dane County through the Dane County Land Information Office, is forbidden, except as expressly provided as follows.
- Redistribution of licensed data sets to consultants working for the Licensee is permitted only for purposes related to Licensee's business. Such consultants may not further reproduce or redistribute said licensed data sets, and such copies must be returned to Licensee upon completion of the consultants' work.
- Reproduction or redistribution of up to 6 hard copies derived from licensed data sets is permitted provided proper credits are printed on each copy. (See 'Credits' below.) More than 6 copies may be reproduced or redistributed for non-commercial purposes only (e.g. government agency publication or use by a non-profit organization).
The burden for determining 'fitness for use' rests entirely upon the requester/Licensee. Dane County and its co-producers will not be liable in any way for accuracy of the data, and assume no responsibility whatsoever for direct, indirect, special, consequential, exemplary or other damages. Each party shall be responsible for the consequences of its own acts, errors, or omissions and those of its employees, boards, commissions, agencies, officers, and representatives and shall be responsible for any losses, claims, and liabilities which are attributable to such acts, errors, or omissions including providing its own defense. In situations including joint liability, each party shall be responsible for the consequences of its own acts, errors, or omissions and those of its employees, agents, boards, commissions, agencies, officers and representatives. It is not the intent of the parties to impose liability beyond that imposed by state statutes.
Scheduling Orders for licensed data sets do not command priority over other projects or work demands of the Land Information Office. Requesters are advised that significant delays may sometimes occur due to staff shortages or schedule constraints and orders will be filled within normal operations of the Land Information Office. Requesters are encouraged to order early.
Costs Use of licensed data sets is licensed by Dane County according to the attached price schedule. Fees paid are not refundable. Purchase orders are acceptable from government agencies. Prepayment is required for all other entities. Checks should be made payable to "Dane County Land Information Office".
Updates Said licensed data sets are licensed and distributed 'as is' on a one-time basis. Dane County is under no obligation to inform Licensee of data updates, alterations, or accuracy errors discovered thereafter. The burden of ordering and paying for updated copies of data sets rests entirely upon Licensee. Revisions may be made at Dane County's discretion on a time and funding available basis.
Credits Any paper copies derived in whole or in part from said licensed data sets shall clearly indicate their source and copyright. If Licensee modifies the data in any way whatsoever, Licensee is obligated to describe the modifications performed on the paper copy map. Any altered graphic elements shall be clearly symbolized to distinguish them from original graphics contained within licensed data sets. Licensee specifically agrees not to misrepresent Dane County licensed data sets, nor to imply that changes made by Licensee were approved by Dane County unless express written permission is received from the Dane County Land Information Office.
Severability of Provisions and Venue If any portion of this agreement is found to be invalid or unenforceable, the remaining provisions will remain enforceable to the fullest extent permitted by law. Any cause of action arising from this agreement shall be venued in Dane County, Wisconsin and decided pursuant to applicable Wisconsin and federal law.