Bartow County GIS License Agreement

By completing this transaction, I have reviewed and agree to the terms of the Bartow County GIS License Agreement:

1. Bartow County, GA develops, maintains and uses Geographic Information System (GIS) data to support a variety of internal functions and public services. This GIS data was created or compiled by Bartow County with the intent of using the data for county government related activities and as such, may not be suitable for all purposes and uses.
2. DISTRIBUTION POLICY:
   • GIS Data is distributed in accordance with O.C.G.A § 50‐29‐2 which states that a county or municipality of the State of Georgia may establish fees for providing GIS data to recover costs incurred in creating, maintaining and updating its geographic information system. Please reference the Map and Data Request Form for available data and pricing. Pricing is the same for all public and private entities. Payment is due prior to delivery of data. At this time Bartow County GIS accepts payment in the form of cash, check or credit card as well as online payments. There is a 2.5% service fee, charged by a third‐ party company, to cover the cost of this online payment service.
3. SPECIAL CONSIDERATIONS:
   • Fees may be waived when a company or organization is performing work for the Bartow County government, a municipality within Bartow County, or for a state or federal project within Bartow County. In such cases the request for GIS data must come directly from the department or organization which has authorized the work.Bartow County does not provide GIS data maintained by other counties or municipalities. This includes City of Cartersville and City of Adairsville Water, Sewer, Utility, and Zoning data. These municipalities must be contacted directly to request GIS data.
   • GIS Data requests for Bartow County Water, Sewer and Stormwater data must have the prior approval of the Bartow County Water Department and/or Community Development. Due to the sensitive nature of this data additional information may be requested by the releasing department regarding the nature of the request and intended use of the GIS data.
   • For Water/Sewer Requests: EMAIL US
   • For Stormwater Requests: EMAIL US
4. DELIVERY:
   • A signed GIS Data Policy and License Agreement is required prior to the delivery of any GIS data. Delivery of the GIS data will be no later than fifteen (15) working days following the effective date of this Agreement. Delivery is contingent upon payment of fees. Data may be delivered via email (file size permitting), Dropbox/OneDrive/FTP, CD/DVD, or customer provided storage. Should Bartow County provide the CD/DVD an additional $5 fee will be charged. Bartow County does not provide GIS data interpretation services or application software support.
5. BARTOW COUNTY GIS LICENSE AGREEMENT
   • This license agreement between Bartow County, Georgia GIS (hereinafter referred to as “Bartow County”) and ______________________________ (hereinafter referred to as “Licensee”) is made and entered into this day as indicated by the last date entered in the signature block. This agreement is a legal and binding agreement between Bartow County and the Licensee. The GIS data provided is licensed by Bartow County GIS for use only under the terms and conditions as set forth herein.
6. GRANT OF LICENSE
   1. Bartow County hereby grants and authorizes the use by the Licensee of the GIS data solely for internal use. This is a limited use license, which may not be transferred, sold licensed. The GIS data shall not be reproduced in any way for distribution outside your organization. The Licensee may not reverse engineer, decompile, disassemble, or create derivative works without the express written permission of Bartow County.
   2. Per O.C.G.A § 50‐29‐2 (c)(1) Licensee shall take reasonable precautions to protect the security and integrity of the GIS data and prevent unauthorized access, use, or duplication of the GIS data or any part thereof by third parties.
   3. This agreement conveys no right, title or interest in any logos, trademarks, or emblems of Bartow County to Licensee. Licensee shall not have the right to use, refer to, or incorporate in marketing or other materials any logos, names, trademarks or emblems of Bartow County unless it enters into a separate agreement with Bartow County. Notwithstanding the above prohibition, any authorized use of information derived or supplemented by use of the GIS data provided in press releases, reports or publications shall acknowledge Bartow County as the source of said GIS data.
   4. Bartow County reserves all rights to the GIS data not expressly granted to Licensee by this agreement.
7. ACKNOWLEDGEMENTS AND DATA QUALITY
   1. Be advised that the accuracy of the GIS data is not guaranteed. GIS data is not of survey grade quality and is not the result of comprehensive site‐specific field surveys.Licensee agrees to accept the GIS data “as is”.
   2. GIS data is dynamic and may routinely be updated to represent the best available information. Licensee is solely responsible for obtaining updated data, at Licensee’s sole expense.
   3. Licensee is responsible for ensuring the accuracy, currency, and other qualities of all products produced from or in connection with the GIS data.
   4. Bartow County makes no warranties or guarantees, either express or implied, as to the completeness, accuracy or correctness of the GIS data.
8. LIABILITY
   1. In no event shall Bartow County be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of data, or other pecuniary loss) arising out of the use of or inability to use the GIS data and digital imagery. Bartow County shall bear no liability if the GIS data does not meet any particular purpose for which Licensee may desire to use the GIS data or if the GIS data fails to meet any of Licensee’s needs or expectations. Bartow County shall not be liable under any circumstances for either the installation of the GIS data or for any results obtained from its use.
   2. Licensee shall indemnify and hold harmless Bartow County against all loss, damages, claims, expenses or attorney’s fees that may be sustained or asserted against Bartow County arising from or connected with any and all claims of any kind arising from this agreement.
9. TERMINATION
   1. The term of this license is perpetual and does not expire.
   2. Without limiting other remedies available in law or equity, in the event Licensee breaches its obligations under this agreement, Bartow County shall have the right to terminate this agreement immediately by furnishing Licensee written notice of the breach and notice of its intent to terminate. Upon termination, Licensee shall immediately return all copies of its GIS data to Bartow County.
   3. Immediately upon termination of the license granted by this agreement, Licensee shall delete from its computers, workstations, and other storage devices all copies of all or any portions of the GIS data which are in its possession, custody, or control.