COLLETON COUNTY

Colleton County (hereafter "County" and GIS data (hereafter "Data") provided under this Agreement is licensed, not sold. You (hereafter "Licensee") obtain no rights other than those specifically granted to you under this license. The term "Data" means the original and all whole or partial copies of it, including modified copies or portions merged into other data. County retains title to the Data. The Data provided under this Agreement may contain or be derived from portions of material provided by third parties. County has assumed the responsibility for selection of such materials and their use in the Data licensed hereunder. Nevertheless, you, and not the County nor third parties, are responsible for the selection of the Data for your purposes, and for the installation of, use of, and results obtained from the Data.

LICENSE

1. County grants the Licensee undersigned a non-exclusive, non-transferable license to use the following County Data, and any related documentation (hereafter "Files"This license shall commence as of the date set forth below and continues until the Licensee submits in writing to the County stating discontinuation of use.
2. The Licensee agrees to use reasonable care, but in all events at least the same degree of care that it uses to protect is own proprietary data and information of similar importance, to prevent the unauthorized use, disclosure, or availability of all information of a proprietary nature that it receives in connection with this Agreement. The Licensee will require its personnel to agree to do likewise.
3. It is the responsibility of the Licensee to ensure that the individuals who are authorized to access the data only do so for purposes authorized under this Agreement and do not abuse that access in any way or manner. The Licensee's obligations respecting the unauthorized use of the data and information will survive termination of this Agreement and will remain in effect as long as the Licensee continues to possess or control data or information furnished by the County.

OWNERSHIP

1. County retains ownership of the Data and Files, and the items supplied by County with this Licensing Agreement are for the sole use of the Licensee. The Licensee agrees that (s)he will not assign, license, distribute, or transfer the Data and/or Files to any firm, corporation, or other organization without the prior written consent of the County.
2. To the extent the County discloses proprietary data and information pursuant to this Agreement, the Licensee acknowledges that the County claims and reserves all rights and benefits afforded proprietary information under law, that this Agreement does not not effect any transfer of title or interest in or to any proprietary data or information of the County, and that Licensee is granted only a limited right of use of such proprietary data and information as set forth in this Agreement.

LIMITED WARRANTY

1. The County warrants that it has the right to convey the data and information provided under this Agreement, and that the Licensee's use of the data in accordance with the Terms of this Agreement does not and will not violate any applicable law, rule or regulation; any contracts with third parties; or any third-party rights in any U.S. patent U.S. copyright, trademark, trade secret, or similar right.

2. ALL DATA AND INFORMATION PROVIDED UNDER THIS AGREEMENT IS PROVIDED ON AN "AS IS" BASIS. NO LIABILITY IS ASSUMED BY THE THE COUNTY FOR THE ACCURACY, COMPLETENESS, CONDITION, SUITABILITY OR PERFORMANCE OF THE DATA AND INFORMATION PROVIDED HEREUNDER. EXCEPT FOR THE EXPRESS WARRANTY SET SET FORTH ABOVE, THE COUNTY DISCLAIMS ALL WARRANTIES RESPECTING THE DATA AND INFORMATION PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   

   The Licensee will be solely responsible for the selection, installation, use, efficiency and suitability of the data and information.

LIMITATION OF REMEDIES

1. Except for County liability for damages for infringement of intellectual property rights, the County will not be liable for any indirect, exemplary, incidental or consequential damages arising out of or otherwise relating to the use of the data or information, however caused, including, but not limited to, loss of data, business interruption, loss of profits, or other economic loss, even if the County has been advised of the possibility of such damages.
2. County shall have no other liability with regard to the Data. County does not warrant that the Data will meet the requirements of Licensee or that the operation of the Data will be error free, or that Data defects will be corrected. The entire risk as to the quality and usefulness of the data and the entire risk arising out of the use or performance of this Data and documentation rests with Licensee. In no event shall County, or anyone else involved in the creation, production or delivery of this Data, be liable for any damages whatsoever whether in contract or in tort, including but not limited to lost profits, lost savings, lost data, business interruption, computer failure or malfunction, or other pecuniary loss or any direct, indirect or or incidental damages or other economic consequential damages, or for any claim or demand against Licensee by any other party, arising out of the use or inability to use this Data, even if County, or anyone else involved in the creation, production or delivery of this Data, has been advised of the possibility of such damages. The limitation of remedies described in this Section also apply to any third-party supplier of materials to County. The limitations of liabilities of County and its third-party suppliers are not cumulative. Each such third-party supplier is an intended beneficiary of this Section.

GENERAL

1. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind between the parties, and the rights and obligations of the parties will be only those expressly set forth in this Agreement. Nothing in this Agreement will be interpreted or construed as creating or establishing the relationship of employer and employee between the County and either the Licensee or any employee or agent of the Licensee.
2. Neither party will be liable for any costs or damages due to nonperformance under this Agreement arising out of any cause or event not within the reasonable control of such party and without its fault or negligence. Such circumstances will include, but will not be limited to, acts of God, acts of war, civil commotions, riots, strikes, lockouts, disruptions of telecommunications transmissions, accident, fire, water damages, flood, or other natural catastrophes.
3. This Agreement will be governed and construed in all respects in accordance with the laws of the State of South Carolina.
4. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements concerning the use of such data and information. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties.

IN WITNESS WHEREOF, the Licensee has executed this Agreement on the dates indicated below.

REQUIRED TO BE COMPLETED BY AUTHORIZED LICENSEE ONLY

Your Contact Information

We will need to be able to reach you to provide fulfill your data request.

Requested Data

Tell us what data you are requesting. The County provides the standard assessor extract as well as parcel, address, and street shapefiles free of charge.

Any special data requests may be subject to an labor charge of $1,000 per hour and requires an upfront payment of one half the estimated time to process. The County reserves the right to decline special data requests.

After Data License Agreement and Request form is completed, signed, and submitted the completed form will be delivered via e-mail attachment to Colleton County for processing.

Please allow up to 2 weeks for you request to be processed.