REGIS License Agreement

The following is the REGIS License Agreement, available here for your perusal and, via the link below, available as a PDF for easy printing and reference. A signed and returned License Agreement is suggested for all data distributed by the REGIS Agency.

REGIS License Agreement in PDF format.

License Agreement for REGIS Digital Geographic Data Sets

BY USING THE REGIS SYSTEM, OR ANY COMPONENT OF THE REGIS SYSTEM, OR BY ACCESSING ANY REGIS DATA, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST NOT USE THE REGIS SYSTEM.

License Terms. REGIS, an agency of the Grand Valley Metropolitan Council, a Michigan Metropolitan Council, has produced original digital geographic data which includes, but is not limited to, digital orthophotographs, geopolitical data, tax and parcel boundary identification, hydrographic data and other data elements and associated data tables (hereafter referred to as "Licensed Data").

In consideration of the payment of the fees set by REGIS, REGIS grants Licensee a nonexclusive license to receive Licensed Data in machine-readable form, and related materials.

The Licensed Data is licensed for use, not sale. REGIS reserves all rights of authorship granted under U.S. and International copyright laws and agreements and by the Michigan Enhanced Access to Public Records Act, being Act 462 of 1996. By signing below, Licensee agrees to abide by all terms and conditions of this License Agreement (the "Agreement"). Any downloading or ordering of Licensed Data must be accompanied by an original, signed license agreement.

Enhanced Access Policy. The Licensed Data is subject to all provisions of the REGIS Agency Enhanced Access to Public Records Policy.

Protection of Proprietary Rights. REGIS claims copyright and trade secret protection in the entire REGIS system, including Licensed Data, the selection, arrangement, and coordination of the Licensed Data as a whole, the source code, hardware, software, and in each constituent element of the data provided. Licensee does not obtain any ownership of intellectual property rights in the Licensed Data (including any digitally resampled or processed image derived from the Licensed Data). Reproduction or redistribution of copyrighted, Licensed Data (hard or soft copy) or products derived therefrom outside of Licensee's organization or entity, without the express, written consent of REGIS is forbidden. Licensee will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the Licensed Data. Licensee will ensure that all marks, notices, or legends pertaining to the origin, identity, or ownership of the Licensed Data and all output generated from the REGIS system are properly applied and remain intact and clearly legible. REGIS expressly reserves all rights not expressly granted to Licensee.

Prohibition of Use for Non-Participating Local Governments. The Licensee agrees that it will not use the REGIS system or Licensed Data for or on behalf of any local unit of government that is not a member of REGIS. Licensee also agrees that it will not provide Licensed Data to, or allow use of the REGIS system for or on behalf of, any such non-participating local government or agent, representative or employee of a non-participating local government without the prior written approval of REGIS. Use or distribution of the Licensed Data in violation of this License Agreement shall immediately terminate the Licensee's license and subject it to all applicable damages for breach of this Agreement.

Credits. Any paper copies derived in whole or in part from said Licensed Data must include this logo and copyright notice:

"© 2004 REGIS All Rights Reserved"

"This map does not represent a legal document. It is intended to serve as an aid in graphic representation only. Information shown on this map is not warranted for accuracy and should be verified through other means. Any duplication is restricted under copyright laws and the Enhanced Access to Public Records Act, PA 462 of 1996, as amended"

If Licensee modifies the Licensed 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. Licensee specifically agrees not to misrepresent REGIS Licensed Data, nor to imply that changes made by Licensee were approved by REGIS unless express written permission is received from the Director of REGIS or the Director's authorized designee.

Liability. REGIS will not be liable in any way for accuracy of the Licensed data, and assumes no responsibility whatsoever for direct, indirect, special, consequential, exemplary or other damages including lost savings or profit, attorney's fees, lost data or business interruption. Licensee agrees to indemnify, hold harmless and defend REGIS, its employees, agents and representatives from any and all claims, damages, liabilities and expenses arising from Licensee's use of the Licensed Data, or products derived therefrom. In any event, Licensee's liability will not exceed the License fee paid by Licensee.

Warranties. REGIS makes no warranty, express or implied, and disclaims all implied warranties, including merchantability or fitness of the REGIS System and/or Licensed Data for a particular purpose. Licensee expressly acknowledges that the Licensed Data is accepted "AS IS." REGIS is not responsible for the accuracy, functioning, completeness, or usefulness of the Licensed Data.

Costs. Licensed Data is provided pursuant to a fee schedule. License fees are determined by the REGIS Board as authorized under Michigan's Enhanced Access to Public Records Act. Fees may be modified at any time without notice to Licensee. Licensees must pay this amount directly to REGIS/Grand Valley Metropolitan Council upon execution of this Agreement and prior to use of the Licensed Data. Fees paid are not refundable.

Updates. Said Licensed Data is licensed and distributed "AS IS" and REGIS 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 REGIS' discretion on a time and funding available basis.

Term and Termination. The term of the License Agreement shall expire at such time as the Licensee elects to discontinue use of the Licensed Data or fails to comply with any of the terms and conditions provided herein. If the Licensee fails to comply with the terms and conditions of this Agreement, REGIS shall have the right to immediately terminate Licensee's access to the Licensed Data and may require return of the Licensed Data by giving written notice to the Licensee indicated on this Agreement. The Licensee shall then return all copies of the Licensed Data within thirty (30) days of such written notice.

Assignment and Transfer. License shall not lease, sell, distribute, make, transfer, or assign the Licensed Data or derivative products or engage in any other transaction which has the effect of transferring the right or use of part of the Licensed Data without prior written consent of the REGIS Director or the Director's authorized designee. Licensee is strictly prohibited from the marketing, resale, re-use or redistribution of the Licensed Data.

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. This Agreement shall be construed and interpreted pursuant to the laws of the state of Michigan. Any cause of action arising from this agreement shall be venued in Kent County, Michigan and decided pursuant to applicable Michigan and federal law.

Entire Agreement. This document constitutes the entire agreement between the parties, and it supersedes any prior agreement, oral or written.

Authorization. The signatory for the licensee represents and warrants that s/he is authorized to execute this document on behalf of Licensee.

Licensee: ________________________________________ Date _______________________

By: _______________________________________ Title ________________________

REGIS Agency:

By: _______________________________________________

Its: _________________________________________