Effective between Nov 16, 2024 - Feb 21, 2025
General Provision. These Product-Specific Terms apply where the Licensee is exporting Nearmap data from the Website in either 2D or 3D format (“Advanced Export”).
No Periodic Data Allowance –Periodic Data Allowance will not apply to the use of the Advanced Export Product.
Export Allowance –
(a) The Advanced Export Product includes an allocated Export Allowance that may be used by the Licensee to select an area within the Coverage Area to export from the Website into an available Advanced Export Format.
(b) Each time the Licensee exports an area into an Advanced Export Format, the area will count towards reducing the Licensee’s Export Allowance.
(c) The types of Advanced Export Format available for export will be at Nearmap’s sole discretion.
(d) Unused Export Allowance will not be rolled over to the next Period.
(e) The Licensee will not be able to export an area into an Advanced Export Format where the Export Allowance remaining at the time of executing an export is less than the area for exporting.
Export Restrictions – The Licensee acknowledges that certain export restrictions apply to the Advanced Export Product, such as a minimum export area size and a maximum export area size, which are specified in the Help Center.
Export Delivery – The Licensee acknowledges that the processing time for an export request may vary depending on the size, resolution and Advanced Export Format of the export request, which are specified in the Help Center.
Retaining 3D data – Notwithstanding any other sections in the Agreement, the Licensee may store Advanced Export data exported from the Website to be used for the Permitted Purposes, and the Licensee may continue to retain any such Advanced Export data until the Agreement expires or is terminated, at which point the sections in the Agreement requiring the Licensee to delete, destroy or return to Nearmap all Products and section 6 of these Product-Specific Terms apply.
Top Up Blocks – If the Licensee is about to exceed its Export Allowance, the Licensee may purchase additional Top Up Blocks. The Top Up Blocks purchased will only be added to the Licensee’s usage account once payment has been made within the payment term specified on the invoice.
Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all Advanced Export Products provided under this Agreement.
Third Party Access – The Licensee is permitted to make the exported Advanced Export data available to third party contractors that are providing visualization services, including but limited to animation, presentation and static imagery creation (“Visualization Work”) to the Licensee strictly to the extent necessary for the third party to provide Visualization Work to the Licensee only. At all times, the Licensee remains responsible and liable for all acts and omissions of any such third parties in connection with the use of the exported Advanced Export data.
Renewal
(a) Where the Agreement is further renewed (regardless if it is automatically or manually renewed), subject to the payment of the Fees, the Licensee may continue to use the Advanced Export Products, which were exported by the Licensee under the initial Agreement, for the Permitted Purpose for the Renewal Term.
(b) If a Top Up Block has been purchased during the Term in addition to the existing Advanced Export Product, the Top Up Block will not be included in any auto-renewal of the Agreement.
Definition: For the purposes of these 3D Export Product-Specific Terms,
(a) Advanced Export Format means the 2D and 3D export formats as specified in the Help Center.
(b) Derivative Works, specifically in relation to the Licensee’s use of the Advanced Export Product, means any new work created by or for the Licensee that incorporates the Advanced Export data where the Advanced Export data cannot be separated and used on its own. For the avoidance of doubt, when the file format or file type of a Product has been amended, it remains a Product, and is not considered a Derivative Work.
(c) Export Allowance means the area allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Quote, unless otherwise agreed in writing between Nearmap and the Licensee.
(d) Help Center means the user guides, operating manuals, training materials, product/service descriptions, product/service specifications, technical manuals, supporting materials, specifications, and other information relating to the Products, including all subsequent revisions and additions as published on the Help Center located at: https://help.nearmap.com.
(e) Top Up Block means any additional data blocks as specified on the Quote for the purchase of additional allowance at the then current price.
Effective between Jul 8, 2020 - Nov 15, 2024
No Periodic Data Allowance –Periodic Data Allowance will not apply to the use of the 3D Export Product.
Export Allowance –
(a) The 3D Export Product includes an allocated Export Allowance that may be used by the Licensee to select an area within the Coverage Area to export from the Website into available 3D format.
(b) Each time the Licensee exports an area into 3D format, the area will count towards reducing the Licensee’s Export Allowance.
(c) The types of 3D format available for export will be at Nearmap’s sole discretion.
(d) Unused Export Allowance will not be rolled over to the next Period.
(e) The Licensee will not be able to export an area into 3D format where its’ Export Allowance remaining at the time of executing an export is less than the area for exporting.
Export Restrictions – The Licensee acknowledges that certain export restrictions apply to the 3D Export Product, such as a minimum export area size and a maximum export area size, which are specified in the relevant Nearmap documentation from time to time.
Retaining 3D data – Notwithstanding any other sections in the Agreement, the Licensee may store 3D data exported from the Website to be used for the Permitted Purposes, and the Licensee may continue to retain any such exported 3D data until the Agreement expires or is terminated, at which point the sections in the Agreement requiring the Licensee to delete, destroy or return to Nearmap all Products and section 5 of these Product-Specific Terms apply.
Top Up Blocks – If the Licensee is about to exceed its Export Allowance, the Licensee may purchase additional Top Up Blocks. The Top Up Blocks purchased will only be added to the Licensee’s usage account once payment has been made within the payment term specified on the invoice.
Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all 3D Export Products provided under this Agreement.
Third Party Access – The Licensee is permitted to make the exported 3D data available to third party contractors that are providing visualization services, including but limited to animation, presentation and static imagery creation (“Visualization Work”) to the Licensee strictly to the extent necessary for the third party to provide Visualization Work to the Licensee only. At all times, the Licensee remains responsible and liable for all acts and omissions of any such third parties in connection with the use of the exported 3D data.
Renewal
(a) Where the Agreement is further renewed (regardless if it is automatically or manually renewed), subject to the payment of the Fees, the Licensee may continue to use the 3D Export Products, which were exported by the Licensee under the initial Agreement, for the Permitted Purpose for the Renewal Term.
(b) If a Top Up Block has been purchased during the Term in addition to the existing 3D Export Product, the Top Up Block will not be included in any auto-renewal of the Agreement.
Definition: For the purposes of these 3D Export Product-Specific Terms,
(a) Derivative Works, specifically in relation to the Licensee’s use of the 3D Export Product, means any new work created by or for the Licensee that incorporates the 3D data where the 3D data cannot be separated and used on its own. For the avoidance of doubt, when the file format or file type of a Product has been amended, it remains a Product, and is not considered a Derivative Work.
(b) Export Allowance means the area allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Quote, unless otherwise agreed in writing between Nearmap and the Licensee.
(c) Top Up Block means any additional data blocks as specified on the Quote for the purchase of additional allowance at the then current price.
Effective before July 8, 2020
No Periodic Data Allowance –Periodic Data Allowance will not apply to the use of the 3D Export Product.
Export Allowance –
(a) The 3D Export Product includes an allocated Export Allowance that may be used by the Licensee to select an area within the Coverage Area to export from the Website into available 3D format.
(b) Each time the Licensee exports an area into 3D format, the area will count towards reducing the Licensee’s Export Allowance.
(c) The types of 3D format available for export will be at Nearmap’s sole discretion.
(d) Unused Export Allowance will not be rolled over to the next Period.
(e) The Licensee will not be able to export an area into 3D format where its’ Export Allowance remaining at the time of executing an export is less than the area for exporting.
Export Restrictions – The Licensee acknowledges that certain export restrictions apply to the 3D Export Product, such as a minimum export area size and a maximum export area size, which are specified in the relevant Nearmap documentation from time to time.
Retaining 3D data – Notwithstanding any other sections in the Agreement, the Licensee may store 3D data exported from the Website to be used for the Permitted Purposes, and the Licensee may continue to retain any such exported 3D data until the Agreement expires or is terminated, at which point the sections in the Agreement requiring the Licensee to delete, destroy or return to Nearmap all Products and section 5 of these Product-Specific Terms apply.
Top Up Blocks – If the Licensee is about to exceed its Export Allowance, the Licensee may purchase additional Top Up Blocks. The Top Up Blocks purchased will only be added to the Licensee’s usage account once payment has been made within the payment term specified on the invoice.
Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all 3D Export Products provided under this Agreement.
Third Party Access – The Licensee is permitted to make the exported 3D data available to third party contractors that are providing visualization services, including but limited to animation, presentation and static imagery creation (“Visualization Work”) to the Licensee strictly to the extent necessary for the third party to provide Visualization Work to the Licensee only. At all times, the Licensee remains responsible and liable for all acts and omissions of any such third parties in connection with the use of the exported 3D data.
Renewal
(a) 3D Export Product will not automatically renew with other Products which the Licensee has subscribed with Nearmap. Renewal of this Product will be by mutual agreement between the parties.
(b) If the Agreement is further renewed, subject to the payment of the Fees, the Licensee may continue to use the 3D Export Products, which were exported by the Licensee under the initial Agreement, for the Permitted Purpose for the Renewal Term.
(c) If a Top Up Block has been purchased during the Term in addition to the existing 3D Export Product, the Top Up Block will not be included in any auto-renewal of the Agreement.
Definition: For the purposes of these 3D Export Product-Specific Terms,
(a) Derivative Works, specifically in relation to the Licenses’s use of the 3D Export Product, means any new work created by or for the Licensee that incorporates the 3D data where the 3D data cannot be separated and used on its own. For the avoidance of doubt, when the file format or file type of a Product has been amended, it remains a Product, and is not considered a Derivative Work.
(b) Export Allowance means the area allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Quote, unless otherwise agreed in writing between Nearmap and the Licensee.
(c) Top Up Block means any additional data blocks as specified on the Quote for the purchase of additional allowance at the then current price.
Effective before Feb 21, 2025
This bundled product includes 3D Export and 3D Viewer. Nearmap Product-Specific Terms shall apply to 3D Export and 3D Viewer. The 3D Export Pro (including all of the bundled Products) will automatically renew for further periods in accordance with the terms of the Agreement, unless otherwise agreed in writing between the parties.
Effective between Apr 1, 2020 - Feb 21, 2025
No Periodic Data Allowance – Periodic Data Allowance will not apply to the use of the 3D Viewer Product.
Additional Uses – The Licensee is permitted to capture static images or video snapshots of 3D Viewer Product using any available print screen or video capture function and use the static images or video snapshots for purposes of creating Derivative Works. Derivative Works specifically in relation to the Licensee’s use of the 3D Viewer Product means any new work created by or for the Licensee that incorporates or embeds static images or video snapshots of the 3D data.
Effective before Apr 1, 2020
No Periodic Data Allowance – Periodic Data Allowance will not apply to the use of the 3D Viewer Product.
Additional Uses – The Licensee is permitted to capture static images or video snapshots of 3D Viewer Product using any available print screen or video capture function and use the static images or video snapshots for purposes of creating Derivative Works. Derivative Works specifically in relation to the Licensee’s use of the 3D Viewer Product means any new work created by or for the Licensee that incorporates or embeds static images or video snapshots of the 3D data.
Renewal - The 3D Viewer Product will not automatically renew with other Products which the Licensee has subscribed to with Nearmap. Renewal of this Product will be by mutual agreement between the parties.
Notwithstanding the terms in the agreement, Nearmap will not charge the Licensee any additional fees for any use by the Licensee of the Products resulting in data consumption in excess of the Periodic Data Allowance.
Renewal This Agreement will not auto-renew, and may only be renewed by mutual written agreement between the parties. If the Agreement is renewed by mutual agreement between the parties, the parties will in good faith discuss the appropriate Periodic Data Allowance of the Renewal Term based on the Licensee’s usage pattern and total data usage calculated at the end of the current Period.
For the purposes of this Product-Specific Terms,
(a) Renewal Term means the renewal term as mutually agreed between Nearmap and the Licensee.
Section 1.6 of the Products Agreement does not apply to this introductory offer. The Licensee acknowledges that its use of the Product is subject to the Nearmap Fair Use Policy). The Product is only available through Nearmap MapBrowser and compatible GIS/CAD integration with no API/TMS access. The licensee is not permitted to pre-fetch, cache, index or store any content through its use of the Product to be used outside of the License, except the Licensee may store limited amounts of content solely for the purpose of improving its use of the Products, and only if such storage (a) is temporary (and in no event more than 30 calendar days), (b) secure, (c) does not manipulate or aggregate any part of the content or License and (d) does not modify attribution in any way. The Licensee is not permitted to use the Product in a manner that gives the Licensee or a third party access to mass downloads or bulk feeds of any content.
Renewal - If a Top Up Block has been purchased during the Term in addition to the existing Annual Allowance Product, the Top Up Block will not be included in any auto-renewal of the Agreement.
Periodic Data Allowance. If the amount of data consumed by the Licensee in any given Period is less than the Periodic Data Allowance, including any applicable Top Up Blocks, the balance will not be rolled over to a following Period.
Top Up Blocks. If the Licensee is about to exceed its Periodic Data Allowance, the Licensee may purchase additional Top Up Blocks. The Top Up Blocks purchased will only be added to the Licensee’s usage account once payment has been made within the payment term specified on the invoice.
Section 1.6(d) of the Agreement is deleted in its entirety.
The definition of “Excess Data Rate” is deleted in its entirety.
For the purposes of this Product-Specific Terms,
(a) Annual Allowance Product means “Nearmap Vertical - Annual Allowance” and “Nearmap Oblique - Annual Allowance” Products, as specified on the Quote. For the avoidance of any doubt, any references to “Products” in the Agreement also refers to the Annual Allowance Product;
(b) Periodic Data Allowance also means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Quote, unless otherwise agreed in writing between Nearmap and the Licensee;
(c) Top Up Block means any additional data blocks as specified on the Quote for the purchase of additional data allowance at the then current price.
Effective before Feb 21, 2025
1. Notwithstanding section 2.5 of the Agreement and subject to section 2 below, the Licensee may conduct Permitted ML during the Subscription Term using the Nearmap for ArcGIS Image Product within permitted Esri ArcGIS software products (“ArcGIS Software”). The Licensee acknowledges that the license or permission to use the ArcGIS Software is not provided by Nearmap or included under the terms of this Agreement. Licensee further acknowledges and agrees that:
(a) ArcGIS Software includes but is not limited to ArcGIS Pro, ArcGIS Image, ArcGIS Image Analyst Extension, and ArcGIS Deep Learning Studio and must be purchased separate from the Products;
(b) use of the ArcGIS Software is subject solely to the rights and obligations under the applicable ArcGIS Software terms and conditions;
(c) ArcGIS Software requirements are dependent on the Licensee’s GIS infrastructure being able to process Nearmap imagery using;
(d) Nearmap has no expressed or implied obligation to provide any support in connection with any ArcGIS Software;
(e) Nearmap does not make any representation, warranty, or guarantee, and does not undertake any liability or obligation, with respect to any ArcGIS Software and whether the Nearmap offline imagery will function or perform as intended within any ArcGIS Software; and
(f) The Licensee is solely responsible for any fees charged related to the processing, transfer, or hosting of products delivered by Nearmap to Licensee’s ArcGIS Online account.
2. The Licensee will own the Intellectual Property Rights in the Permitted ML Outputs, but excluding (a) any Products contained in the ML Derivatives; (b) any extracts of the Products contained in the Permitted ML Outputs; and (c) Licensee feedback regarding the Products. For the avoidance of doubt, Nearmap will continue to own all rights in and to any Products embedded in a Permitted ML Output, but all other rights in and to the Permitted ML Output will belong to the Licensee. Unless otherwise notified to the Licensee by Nearmap, the Licensee may continue using the Permitted ML Outputs following termination or expiration of this Agreement.
3. The Licensee may use and exploit the Permitted ML Outputs for its internal purposes only.
4. In using the Nearmap for ArcGIS Image Product, the Licensee shall not
(a) reverse engineer, disassemble, decompile, or otherwise reconstruct any Permitted ML Outputs, such that it would allow any unauthorized access the Products (whether in whole or in part) through the Permitted ML.
(b) share, publish, or otherwise distribute Permitted ML Outputs that have used any Products as an input;
(c) use the Permitted ML Outputs for any Commercial Purpose or Unlawful Purpose; or
(d) use any Nearmap AI Content in the training and validation of the Licensee’s ML models unless an additional License has been purchased by the Licensee for that purpose.
5. Upon expiry or termination of this Agreement, the Licensee shall
(a) immediately cease any further Permitted ML;
(b) only retain the Permitted ML Outputs. All other Content, including, but not limited to, screenshots, videos, or other media, must be deleted and destroyed; and
(c) provide Nearmap a certification declaring that it has deleted and destroyed all Content except for Permitted ML Outputs within seven (7) days from the expiry or termination of the Agreement; and
7. For the purposes of these Additional Terms and Conditions:
(a) “Machine Learning” or “ML” means deep learning, computer vision, or artificial intelligence;
(b) “Permitted ML Outputs” means the attribute data or set of such data relating to features extracted through Permitted ML and the models created by Permitted ML by the Licensee that does not contain any underlying Nearmap imagery; and
(c) “Permitted ML” means the development, use, and training of Machine Learning models, methods, techniques, or software with respect to a single vintage of Nearmap Vertical imagery for the purpose of extracting ML attributes relating to geospatial features for a particular area of interest for internal use by the Licensee.
Effective before Feb 21, 2025
1. The Licensee’s usage of the ArcGIS Integration will be counted towards the Licensee’s total Periodic Data Allowance. Please ensure that you have sufficient Periodic Data Allowance to meet your requirements with ArcGIS Integration to avoid restrictions being placed with your subscription
These terms and conditions are applicable if you have purchased an Area Based Bundle or a Parcel Based Bundle (Note: Nearmap Product-Specific Terms shall apply to 3D Export), which include the following Products:
Nearmap Vertical;
Nearmap Oblique (which includes Vertical, Panorama and Oblique imagery);
Nearmap Pro (which includes Vertical imagery and 3D Viewer); and
Nearmap Oblique Pro (which includes Vertical, Panorama and Oblique imagery and 3D Viewer).
1. Definitions -
(a) “2D Content” means, to the extent provided in the Quote, either Vertical, Panorama and/or Oblique imagery accessed within the AOI;
(b) “3D Content” means, to the extent provided in the Quote, in particular 3D Viewer (as part of the Area Based Bundles or Parcel Based Bundles) or 3D Export accessed within the AOI;
(c) “AOI” means the Area of Interest as attached to the Quote;
(d) “Annual Allowance” means:
(i) in relation to Area Based Bundles, the square mileage area allowance of 2D Content and/or 3D Content specified in the Quote for the Term; and
(ii) in relation to Parcel Based Bundles, the Land Parcel allowance of 2D Content and/or 3D Content specified in the Quote for the Term;
(e) “Content” means 2D Content and/or 3D Content;
(f) “Land Parcel” means, in relation to Parcel Based Bundles, a specific parcel of land in the AOI with a specific address, regardless of whether that parcel of land is for commercial or residential use;
(g) “Top Up Blocks” means:
(i) in relation to Area Based Bundles, additional area allowance as measured by additional square mileage area requested to be used by the Licensee during the Term; and
(ii) in relation to Parcel Based Bundles, additional parcel allowance as measured by additional Land Parcels requested to be used by the Licensee during the Term.
(h) “User Based Fees” means the fees provided in the Quote.
2. No Periodic Data Allowance – Periodic Data Allowance will not apply to the use of the Area Based Bundles or the Parcel Based Bundles.
3. Annual Allowance –
(a) The Licensee is permitted to use up to the Annual Allowance of the Products specified on the Quote in accordance with section 1.1 of the Agreement for its internal purposes for the Term. For the avoidance of doubt, this Agreement does not grant the Licensee the right to use any Nearmap Products not provided on the Quote.
(b)Area Based Bundles: In relation to Area Based Bundles, the following conditions apply to the Licensee’s Annual Allowance:
(i) in counting the number of square miles of Content accessed by the Licensee during the Term (including by its Authorized Users), Nearmap will not double count where the Licensee accesses a particular square mile of 2D Content more than once;
(ii) if the number of square miles of Content accessed by the Licensee during any Term is less than the Annual Allowance, the balance will not be rolled over to a following Term; and
(iii) Nearmap will provide notice to the Licensee if it becomes aware the Licensee has exceeded the Annual Allowance for the Term.
(c) Parcel Based Bundles: In relation to Parcel Based Bundles, the following conditions apply to the Licensee’s Annual Allowance:
(i) in counting the number of Land Parcels accessed by the Licensee during the Term (including by its Authorized Users), Nearmap will not double count where the Licensee accesses a particular Land Parcel of 2D Content more than once;
(ii) if the number of Land Parcels of Content accessed by the Licensee during any Term is less than the Annual Allowance, the balance will not be rolled over to a following Term; and
(iii) Nearmap will provide notice to the Licensee if it becomes aware the Licensee has exceeded the Annual Allowance for the Term; and
4. Top Up Blocks –The Licensee may purchase additional Top Up Blocks at any time. The Top Up Blocks purchased will only be added to the Licensee’s account once payment has been made within the payment term specified on the invoice.
5. Exceeding Allowances – If the Licensee exceeds or is about to exceed its Annual Allowance:
(a) Nearmap may, in its absolute discretion, elect to:
(i) restrict the Licensee’s access to the Products until the Annual Allowance is reset or until additional fees are paid as agreed between the parties; or
(ii) immediately cease the Licensee’s access to the Products for the remainder of the Term; and
(b) Area Based Bundles: In relation to Area Based Bundles, Nearmap and the Licensee will negotiate the purchase by the Licensee of additional square mileage area allowance for the Content, on terms mutually agreeable to Nearmap and the Licensee; and
(c) Parcel Based Bundles: In relation to Parcel Based Bundles, Nearmap and the Licensee will negotiate the purchase by the Licensee of additional Land Parcel allowance for the Content, on terms mutually agreeable to Nearmap and the Licensee.
6. User-Based Fees – Where the Quote provides for Authorized Users, User-Based Fees shall apply in addition to other Fees.
7. Fair Use – The Licensee acknowledges and agrees that its use of the Products must be reasonable, comply with the terms of the Agreement, and must not adversely affect other Nearmap customers’ use of or access to the Products. In particular, the Licensee agrees that it must not:
(a) permit any person, other than Authorized Users, to access or use the Products; or
(b) use the Product in a manner (including with regard to the volume of data usage) that is disproportionate when compared to other Nearmap customers, as determined by Nearmap acting reasonably.
8. Exceeding Fair Use – Where the Licensee’s use of the Products contravenes section 7 of these Area Based and Parcel Based Bundle-Specific Terms, Nearmap may request the Licensee to change its behavior and usage pattern so that it conforms with section 7, or to upgrade to a more suitable Product (if applicable). Where the Licensee’s use of the Products continues to contravene section 7 in the month after Nearmap provides the request to the Licensee, Nearmap may, without further notice:
(a) restrict the Licensee’s access to low resolution imagery for the remainder of the Term;
(b) restrict the Licensee’s access in another manner determined by Nearmap in its discretion for the remainder of the Term;
(c) immediately cease the Licensee’s access to the Products; or
(d) exercise any other right available to Nearmap under the terms of the Agreement.
Effective before Feb 21, 2025
1. License – Subject to the Agreement, Nearmap grants the Licensee a limited, non-exclusive, non-transferable license to use the Beta Products for evaluation and/or testing by the Licensee in the ordinary course of its business for the Trial Period. Notwithstanding anything to the contrary in the Agreement, the Beta Products are for internal use by the Licensee and its employees only.
2. Products – The Licensee will receive access to the Beta Products as set forth on the Quote or other written instrument that is ratified by Nearmap. Nearmap may in its absolute discretion extend or cease access to the Beta Products during the Trial Period. The parties may add new Beta Products at any time through the mutual written agreement (email deemed sufficient), at all times subject to these terms and conditions.
3. Periodic Allowance – Unless otherwise indicated by Nearmap on a Quote or in writing, the Licensee’s use of the Beta Products is not subject to any Periodic Allowance.
4. Term –The Licensee may use each Beta Product for the Trial Period, unless otherwise extended by mutual agreement or where Nearmap exercise its discretion to cease use of the Beta Product.
5. General Availability – The Licensee must cease use of each Beta Product if that Beta Product becomes a Generally Available Product offered by Nearmap. Licensee must agree to applicable terms and conditions and payment of Fees (as required) associated with the GA Product.
6. Licensee Feedback – Where the Licensee and/or your Authorized Users provide any written or oral feedback, comments, questions, suggestions or the like on features, functionality and/or improvements, enhancements, corrections, modifications, strategy, roadmaps or plans of a Beta Product (“Feedback”), Nearmap is free to use the Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. The Licensee hereby irrevocably assigns to Nearmap, on behalf of the Licensee and its Authorized Users, all right, title, and interest to the Feedback, and Nearmap is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.
7. Termination – Nearmap may terminate the Licensee’s access to one or more of the Beta Products in its absolute discretion upon written notice to the Licensee. Upon termination, the Licensee must cease all use of the those Beta Products and must immediately destroy, delete, or return to Nearmap those Beta Products in its possession.
8. No Warranty – The Beta Products are provided “as is” without warranty of any kind. Nearmap makes no representations or warranties regarding the Beta Products with respect to accuracy, reliability, availability, correctness, merchantability, non-infringement, completeness, fitness for a particular purpose, or any other warranties, whether express or implied, or at law. In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Beta Products exceed $100 in the aggregate.
9. Confidentiality – All information regarding the Beta Products is considered the Confidential Information of Nearmap under the Agreement.
10. Definitions – For the purposes of these Terms and Conditions Applicable to Beta Products
(a) “Authorized Users” means individuals with access to the Beta Products under this license.
(b) “Beta Product” or “Beta Products” means Nearmap Products or Content and all associated materials that are in an alpha or beta development stage and have yet to reach General Availability;
(c) “GA” or “General Availability” means the unconditional release of a Beta Product to the public.
(d) “Trial Period” means the period of access as set forth in the Quote or other written instrument that is approved by Nearmap.
Effective before Feb 21, 2025
General Provision – Where the Licensee has purchased the Beta Widget Product, the Product-Specific Terms for Nearmap Sync apply.
Nearmap Sync – Nearmap Sync connects MapBrowser to designated Platform Software and allows the Licensee to view certain Products or Content or other Nearmap Data within MapBrowser during the Term simultaneous with corresponding third-party content in the Platform Software. Nearmap Sync may be comprised of any of the following Products: Nearmap Widget, GeoData Link, and Delegated Authentication.
(a) Nearmap Widget – The Products and Content available through Nearmap Widget shall be determined at the sole discretion of Nearmap;
(b) GeoData Link – The Product-Specific Terms for GeoData Link for Government apply to the Licensee’s use of GeoData Link in Nearmap Sync;
(c) Delegated Authentication – The Product-Specific Terms for Delegated Authentication apply to the Licensee’s use of Delegated Authentication in Nearmap Sync; and
(d) Additional Code – At Nearmap’s sole discretion, a specific code package or executable file may be provided to the Licensee. which the deliverables could include, but is not limited to, code, scripts, and configuration files required for integration.
License to Platform Software – In order to use Nearmap Sync, the Licensee must have an active License to Platform Software. The Licensee is solely responsible for obtaining, maintaining, and complying with the terms applicable to its License to, and use of, Platform Software during the Term. Nearmap does not procure for or provide the Licensee with a License to Platform Software. Nearmap is not responsible for any errors or omissions in any Platform Software and Nearmap disclaims any and all liability regarding the Licensee’s License to or use of Platform Software.
Periodic Allowance – The Licensee’s use of Nearmap Sync is not subject to any Periodic Allowance. However, Periodic Allowance may apply to certain Products or Content consumed via Nearmap Sync.
Definitions.
(a) MapBrowser means Nearmap’s online web application accessible through the Website.
(b) Nearmap Widget means the Nearmap technology that embeds Nearmap software and data and allows the Licensee to access certain Products or Content.
(c) Platform Software means a third-party software product or platform that supports the integration of Products or Content through Nearmap Sync.
Effective before Feb 21, 2025
1. Bonus Data -
(a) Where the Licensee is provided with the annual Bonus Data Product:
(i) it will be available for use by the Licensee for up to twelve (12) months from the Commencement Date of the Term for new customers of Nearmap, or a renewal Term, for customers of Nearmap who are about to renew their License; or
(ii) it will be available for use by the Licensee for the remainder of the Term and if the Licensee agrees to purchase a subscription for a renewal Term the unapplied months of the Bonus Data will be rolled over to the following renewal Term.
(b) Where the Licensee is provided with the three (3) month Bonus Data Product:
(i) it will be available for use by the Licensee for up to three (3) months, from the Commencement Date of the Term for new customer of Nearmap, or a renewal Term, for customers of Nearmap who are about to renew their License; or
(ii) it will be available for use by the Licensee for the remainder of the Term and if the Licensee agrees to purchase a subscription for a renewal Term the unapplied months of the Bonus Data will be rolled over to the following renewal Term.
2. Renewal - The Bonus Data Product will not automatically renew with other Products which the Licensee has subscribed to Nearmap. Renewal of this Product will be at Nearmap’s absolute discretion.
3. Periodic Allowance - If the amount of data used by the Licensee in any given Period is less than the total Periodic Allowance allocated to the Licensee (including the allowance for the Bonus Data), any unused balance will not be rolled over to a following Period.
Effective before Feb 21, 2025
Sharing: Projects may be shared internally within the Licensee’s organization. The Licensee and its Authorized Users are responsible for ensuring that any such internal sharing complies with the Licensee’s organization’s policies and procedures. Sharing projects with anyone outside of the Licensee’s organization is strictly prohibited.
Consent: When adding a person to a project or when an Authorized User joins a project or when an Authorized User shares any information in a project, the Licensee and its Authorized Users represent and warrant that Licensee and its Authorized Users have all necessary rights, consents, and authorizations and that all shared information is accurate and lawful and does not infringe upon any third-party rights.
Confidentiality: The Licensee and its Authorized Users commit to maintaining confidentiality regarding any shared information and respect the intellectual property rights of others. The Licensee and its Authorized Users acknowledge that any misuse may result in suspension of access.
Restrictions: The Licensee and its Authorized Users are prohibited from and thus must not upload, add, share or otherwise provide any sensitive information, including a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, or any other similar information which may be subject to specific data privacy and security laws.
Users: There is a maximum number of users that can collaborate and make edits simultaneously on a single project. Additional users will not be able to access the project until another user is removed from the project. The Licensee’s admin or other designated representative, not Nearmap, is responsible for monitoring and updating (where relevant) the users on any given project.
Compliance: If an Authorized User is unsure if its use complies with the governing agreement between the Licensee and Nearmap, the Authorized User is responsible for consulting the Licensee’s applicable designated representative.
Effective before Feb 21, 2025
1. No Periodic Data Allowance – Periodic Allowance will not apply to the use of the Delegated Authentication Product.
2. Nearmap Customer – You acknowledge and agree that use of the Delegated Authentication Product may enable third parties to determine that you are a Nearmap customer and by accessing or otherwise using the Delegated Authentication Product, you consent to this.
3. Product Update – Nearmap reserves the right to modify, update or amend the Delegated Authentication Product and its features and functions, including but not limited to disabling any features and functions, from time to time and in its sole discretion, without notice or liability to you.
4. Integration Replacement – Nearmap may, from time to time, retire an Integration Method, or provide updates to an Integration Method or a new Integration Method for the purposes of the Delegated Authentication Product (Updated Integration Method). Nearmap will provide up to three (3) months’ written notice, prior to the date of the Updated Integration Method. The Licensee (at its cost) will be responsible for updating or integrating the Updated Integration Method within seven (7) days of Nearmap’s written notice. Nearmap shall not be responsible or liable to the Licensee for any failure to meet its obligations under the Agreement if the Licensee fails or otherwise refuses to update or integrate the Updated Integration Method. The Licensee shall not update or interfere with the Integration Method or use its own integration methods without Nearmap’s prior written consent.
5. Third-party Integrations – By using the Delegated Authentication Product, you acknowledge and agree that your access to and use of the Website and Products may be direct from a third-party service and such third-party services may not have the same authentication and security features as the Website and Products. You assume all risk and responsibility arising from the use of, and access to and from, the Delegated Authentication Product, including but not limited to through integrating the Delegated Authentication Product with third party services.
6. Active Directories – Once the Delegated Authentication Product has been enabled, you are solely responsible for your active directories, and for the users under your domain that have access to the Website and Products.
7. Definitions –
(a) Integration Method means the method provided by Nearmap to the Licensee from time to time, which allows the Licensee access to the Website and the Products under the License, including but not limited to Nearmap supported APIs using Nearmap’s documented API key authentication methods.
Effective before Feb 21, 2025
1. No Periodic Data Allowance – Periodic Data Allowance will not apply to the use of the 3D API Product.
2. Transaction –
(a) The Licensee may not carry out Transactions exceeding the Transaction Allowance each Period.
(b) Unused Transaction Allowance will not be rolled over to the next Period.
(c) The types of 3D format available through the 3D API will be at Nearmap’s sole discretion.
(d) A Transaction ID will remain active for thirty (30) days (“Active Transaction ID”). Any requests made by the Licensee using an Active Transaction ID will be considered as a single Transaction. Where a new Transaction ID is generated and used to request 3D data for the same Location as an Active Transaction ID, it will be considered as a separate Transaction.
3. Permitted Caching – Notwithstanding the terms of the Agreement, the Licensee is permitted to cache 3D data requested through the 3D API for Permitted Purposes during the Term only.
4. 3D Data Delete and Destroy – Upon expiry or termination of the Agreement, the Licensee must delete and destroy all 3D data made available by Nearmap during the Term.
5. Definition – For the purposes of this Product-Specific Terms:
(a) API means application programming interface.
(b) 3D API means DSM and True Ortho API, and any future releases of APIs released by Nearmap as a Product to deliver its 3D data, in different formats, on a transaction-basis.
(c) Derivative Works, specifically in relation to the Licensee’s use of the 3D data through the 3D API, means any new work created by or for the Licensee that incorporates the 3D data where the 3D data cannot be separated and used on its own. For the avoidance of doubt, when the file format or file type of the 3D data, it is not considered a Derivative Work.
(d) Location is determined by the latitude, longitude and radius specified by the Licensee.
(e) Transaction means each time the Licensee uses a Transaction ID to request 3D data (regardless of vintage and format) of a Location through the 3D API.
(f) Transaction Allowance means the number of Transactions the Licensee is permitted to carry out in a Period, as specified in the “Allowance” column of the Quote, unless otherwise agreed in writing between Nearmap and the Licensee.
(g) Transaction ID means a transaction identifier provided through the API for a Location.
Effective before Feb 21, 2025
1. GeoData Link for Government. The GeoData Link for Government Product allows the Licensee to integrate Permitted Public Location Data into MapBrowser or an approved Nearmap Widget via direct geocode link with an Esri Rest API or such other method authorized by Nearmap from time to time.
2. Product Specifications. Product specifications for GeoData Link for Government include information regarding viewing Licensed Content or integrating Permitted Public Location Data into MapBrowser or an approved Nearmap Widget and are documented in the Help Center.
3. Location Data. If the Licensee integrates any Permitted Public Location Data for use in GeoData Link for Government, it warrants that neither the Permitted Public Location Data and use of the Permitted Public Location Data nor any aspect thereof infringes, violates or misappropriates the rights of any third party.
4. Periodic Allowance. The Licensee’s use of the GeoData Link for Government Product is not subject to any Periodic Allowance.
5. Esri Terms. Integrating and using Permitted Public Location Data from Esri via the GeoData Link for Government through the Esri Rest API are subject to any applicable Esri License Terms.
6. Definitions. For the purposes of these Product Specific Terms – GeoData Link for Government
(a) “API” means an application programming interface authorized by Nearmap.
(b) “Esri License Terms” are the terms published by Esri and applicable to the Esri Rest API or other Esri products that integrate with GeoData Link for Government.
(c) “Esri Rest API” means the API that links the Permitted Public Location Data from Esri products to Nearmap Products.
(d) “Licensed Content” means content that the Licensee has access to under the Agreement.
(e) “MapBrowser” means Nearmap’s online web application accessible through the Website.
(f) “Periodic Allowance” means the data allowance specified in the “Allowance” section of the Quote unless otherwise agreed in writing between Nearmap and the Licensee.
(g) “Permitted Public Location Data” means the publicly available data layers extracted from the Esri Rest API, including but not limited to the examples provided by Nearmap in the Product Specifications Documentation.
(h) “Help Center” means the documentation provided by Nearmap as set forth at https://help.nearmap.com or as otherwise provided by Nearmap.
(i) “Nearmap Widget” means an embedded Nearmap tool or application through which the Licensee may access certain Products or Content.
Effective before Apr 8, 2021
Nearmap AI and AI Parcel Export (Offline Delivery) Product-Specific Terms are incorporated by reference and apply to AI Packs.
The Licensee will receive access to available AI Packs, using only the methods authoried and as documented by Nearmap on our Help Center (which may be updated from time to time in its absolute discretion).
The Licensee’s usage of the AI Packs will count towards the Usage Allowance.
For the purposes of these Product-Specific Terms, AI Packs means the AI Attributes made available to the Licensee.
Effective before April 8, 2021
Usage Allowance - The Licensee’s usage of AI Parcel API will be counted towards the Licensee’s total Usage Allowance. Any unused Usage Allowance will not be rolled over to the next renewal Term.
Permitted Caching - Notwithstanding the terms of the Agreement, the Licensee is permitted to cache AI Parcel data requested through the AI Parcel API for Permitted Purposes during the Term only.
AI Parcel API – Nearmap may, from time to time, retire an API, or provide, updates or new releases to the API for use by the Licensee under the Agreement (“API Update”). Nearmap will provide 30 days written notice, prior to the date of the API Update. If the Licensee fails or otherwise refuses to update or integrate the API Update, Nearmap shall not be responsible or liable to the Licensee for any failure to meet its obligations under this Agreement.
Nearmap AI – The Nearmap AI Product will be provided to the Licensee through the AI Parcel API only. Nearmap may, from time to time, provide updates to the Nearmap AI Product at its absolute discretion.
Definition – For the purposes of this Product-Specific Terms:
(a) AI Parcel means the Nearmap AI Attributes requested for a Land Parcel.
(b) AI Parcel API means the API used to export AI Parcel.
(c) API means an application programming interface.
(d) Usage Allowance means the Land Parcel allowance as specified in the Quote, plus the aggregated Land Parcel allowance in respect of Top Up Blocks purchased by the Licensee for that period.
(e) Top Up Block means additional Usage Allowance as measured by additional Land Parcels purchased by the Licensee during the Term.
(f) Land Parcel means a specific parcel of land in the Coverage Area.
Effective before April 8, 2021
AI Attributes: General Provisions
AI Attributes have been computed across Land Parcel(s) under the following parameters:
(a) an approximate area greater than 100 sqm and less than 250,000 sqm;
(b) classified as having a parcel type of lot parcel, strata, stratum and strata-vertical;
(c) identified by third party parcel datasets that are currently available in Nearmap’s source cadastral data systems;
(d) cadastral features for parcel type crossing, easement, rail, road, road-intersection, road-other or water are typically excluded; and
(e) features extracted from multi-dwelling parcels may be aggregated into a single result in the supplied dataset.
The Licensee must not use AI Attributes as training datasets on its machine learning models or automated processes, or to create such models or processes, which enables the Licensee to run such models or processes independently without the use of Nearmap’s AI Attributes, after termination or expiry of the Agreement.
Subject to the delete and destroy obligations under this Agreement, including clause 4 of these Product Specific Terms, the Licensee may store AI Attributes exported from the Website or provided by Nearmap to be used for the Permitted Purposes.
The Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap a certification declaring that it has deleted and destroyed all AI Attributes.
Provisions applicable to Nearmap AI
Nearmap will provide to the Licensee access to AI Attributes across parcels of land within the Coverage Area, processed from the most current set of imagery published on the Website as at 31 October 2019.
The AI Attributes will be delivered to the Licensee in formats as made available by Nearmap (which may include geospatial file format and flat file format), only through the Website.
Nearmap measures the use of Nearmap AI each time the Licensee exports AI Attributes for specified Land Parcel(s), The Licensee is not permitted to exceeds its allocated Usage Allowance for a Period. Unused Usage Allowance will not be rolled over to the next Period.
The Licensee will not be able to export AI Attributes where its Usage Allowance remaining at the time of executing an export is less than the number of the Land Parcel(s) selected for exporting.
If the Licensee exceeds the Usage Allowance, Nearmap may in its absolute discretion, elect to:
(a) restrict the Licensee’s ability to export AI Attributes until the Usage Allowance is reset, additional Top Up Blocks are purchased, or any other additional fees are paid as mutually agreed between the parties; or
(b) immediately cease the Licensee’s access to AI Export for the remainder of the Period.
Nearmap will process an updated set of AI Attributes from the imagery published by Nearmap on the Website at least once every twelve (12) months from the Commencement Date.
Provisions applicable to AI Parcel Export (Offline Delivery)
For the first year of the initial Term, Nearmap will deliver to the Licensee, within the specified timing of delivery from the Commencement Date, the AI Attributes, up to the Usage Allowance. The AI Attributes will be processed from the most current set of imagery published on the Website as at the Published Date.
After the first year of the initial Term, the Licensee may request once during each year of the Term (including any renewal Term), that Nearmap delivers an updated set of AI Attributes in accordance with clause 11 of these Product Specific Terms, up to the Usage Allowance. Nearmap will deliver the updated AI Attributes within the specified timing of delivery from the date Nearmap receives such request.
The area of interest, and timing, format and method of delivery of AI Attributes will be set out in the Order Summary.
For the purpose of these Product-Specific Terms,
(a) AI Attributes for:
i. Nearmap AI means the “AI Layers” made available from the Website (which are not exportable) and the exportable “AI Parcel” data; or
ii. AI Parcel Export (Offline Delivery) means the “AI Parcel” data provided by Nearmap to the Licensee as specified in the Quote or in the Additional Terms and Conditions.
(b) Land Parcel means a specific parcel of land in the Coverage Area.
(c) Order Summary means the “Order Summary” document provided by Nearmap to the Licensee.
(d) Published Date means the “published date” specified in the Order Summary.
(e) Top Up Block means additional Usage Allowance as measured by additional Land Parcels purchased by the Licensee during the Term.
(f) Usage Allowance for:
i. Nearmap AI means the Land Parcel allowance as specified in the Quote, plus the aggregate Land Parcel allowance in respect of Top Up Blocks purchased by the Licensee for that Period; and
ii. AI Parcel Export (Offline Delivery) means the Land Parcel allowance as specified in the Quote that Nearmap will deliver to the Licensee pursuant to clauses 11 to 13 of these Product-Specific Terms.
Effective before Feb 21, 2025
This Product provides access to Nearmap’s Vertical content. The specifications for this Product are published on our Product page, as amended from time to time.
1. No Periodic Allowance – The Periodic Allowance will not apply to the use of the Nearmap Essentials Beta Product. The Licensee is strictly prohibited from mass downloading or bulk feeds of any imagery in connection with its use of the Product.
2. Renewal (Annual Plan) – The Nearmap Essentials Beta Product under an annual plan will not automatically renew. Renewal of this Product will be by mutual agreement between the parties.
3. Renewal (Monthly Plan) – Subject to the terms of the Agreement and section 6 below, the Nearmap Essential Beta Product will automatically roll over on a month to month basis but will not automatically renew for a subsequent Term.
4. API Access – Except as expressly permitted under this Agreement, the Licensee is not permitted to use API integration methods, or other integration methods, including but not limited to integration with Licensee’s or other third-party platforms or software.
5. Users – In addition to sections 1.2 and 3.1 of the Agreement, access to the Nearmap Essentials Beta Product will only be granted to Authorized Users. Nearmap may, at its absolute discretion, require the Licensee and its Authorized Users to comply with changes to the user login process made available through the Website and restrictions relating to simultaneous user login.
6. Billing Period – Where the Licensee purchases the Nearmap Essentials Beta Product on a monthly plan, the Fees will be billed monthly in advance. For monthly plans, the Licensee may elect to terminate the Agreement with effect from the next monthly billing period, provided that the Licensee has given at least seven (7) days written notice (email notification is acceptable) to Nearmap prior to the commencement of the next monthly billing period. The Licensee will continue to have access to the Website up to the commencement of the next monthly billing period.
Effective before Feb 21, 2025
1. General Provisions
(a) To access the Nearmap Fire Risk AI Product, the Licensee must have an active subscription to the Transactional Content API.
(b) The terms and conditions applicable to Transactional Content API apply to the Licensee’s access to the Nearmap Fire Risk AI Product.
(c) Nearmap Fire Risk AI Product’s specification, parameters, and attributes including Output formats, are available in Nearmap’s Help Centre, which are subject to change from time to time at Nearmap’s absolute discretion.
2. Limitation of Liability
(a) Subject to section 9.2 of the Agreement, Nearmap will not be liable or responsible for:
(i) any errors, mistakes, or inaccuracies in the Outputs; and
(ii) any person’s death, injury or any property damage of any nature whatsoever resulting from the Licensee’s use of the Nearmap Fire Risk AI Product.
(b) The Licensee acknowledges and agrees that it is solely responsible for its use of the Nearmap Fire Risk AI Product. The Outputs integrate information and data derived from Public Datasets of which Nearmap cannot verify or guarantee the accuracy, reliability, or completeness. The Outputs, Public Datasets, and any other data, provided to the Licensee through the Nearmap Fire Risk AI Product are provided “as-is”. The Licensee should exercise caution and use its own judgment when relying on the Outputs and make independent assessments as necessary.
3. No Machine Learning
At all times, including after the termination or expiry of the Agreement, the Licensee is not permitted to use the Nearmap Fire Risk AI Product and any AI Attributes as a training dataset on any machine learning models or automated processes, or create such models or processes, which enable the Licensee to run such models or processes independently without the use of the Nearmap Fire Risk AI Product and any AI Attributes.
4. Retention of AI Attributes
(a) Subject to 4(b), Licensee may store and use AI Attributes exported from an application programming interface (API) or as provided by Nearmap for the Permitted Purpose only.
(b) The Licensee will provide Nearmap with a certification declaring that it has deleted and destroyed all AI Attributes within seven (7) days from the expiry or termination of the Agreement.
5. Definitions
(a) AI Attributes means the “AI attributes” made available to the Licensee as set out in Help Centre.
(b) Help Centre means the user guides, operating manuals, training materials, product/service descriptions, product/service specifications, technical manuals, supporting materials, attributes, and other information relating to the Products, including all subsequent revisions and additions thereto as published on Help Center.
(c) Public Datasets means Wildfire Hazards Potential data (WHP) from U.S. Department of Agriculture, Wildland-urban interface data (WUI) from U.S. Geological Survey, 3D Elevation Program (3DEP) from U.S. Geological Survey, and other datasets that Nearmap integrates and publishes in Help Centre from time to time.
(d) Output means a wildfire risk factor assessment in CSV format, or other formats made available by Nearmap and published on Nearmap’s Help Centre from time to time.
Effective before Dec 23, 2020
Section 1.3 of the agreement does not apply to this License, and any auto-renewal of the Agreement will be by mutual agreement between the parties.
Section 1.6 of the agreement does not apply to this License.
Definitions of “Periodic Data Allowance” and “Excess Data Rate” in the agreement do not apply to this License.
The Licensee agrees that the right to use the Product is only to be used, solely by the Licensee and at all times excludes making the Product available in any medium or manner (including but not limited to sharing or using the License (as defined in the Products Agreement)) with:
(a) any lower tier government, including but not limited to cities and township;
(b) any neighboring local governments, including but not limited to county, parish, city, or town governments; and/or
(c) any higher tier government, including but not limited to county, parish, state or provincial agency.
Annual Actual Usage Nearmap measures data usage by the Licensee under this License as follows:
(a) the data allowance used by the Licensee will be calculated at the end of the Term (or Renewal Term), based on the total data usage of all users who access and use the Licensee’s Nearmap account during the Term (or Renewal Term) (Annual Actual Usage); and
(b) if the Licensee elects to download Products available to the Licensee on the Website or accesses the Product through other delivery methods made available by Nearmap from time to time, this will be applied to the Annual Actual Usage. The Licensee may have the option to elect to download high resolution images. Downloading these images will lead to a higher Annual Actual Usage than downloading a lower resolution image.
Renewal If the Agreement is renewed by mutual agreement between the parties, the parties will in good faith discuss the appropriate Annualized Estimated Usage of the Renewal Term based on the Licensee’s usage pattern and/or the Annual Actual Usage during the current Term.
The Licensee is not permitted to
(a) use its access to the Website or the Products under this Agreement for the purposes of creating a database of images for resale, distribution, sub-license or other commercial purposes (unless expressly permitted under the Agreement) and mass downloads or bulk feeds of any imagery;
(b) pre-fetch, retrieve, cache, index, or store any Content, or portion of the Products with the exception being that the Licensee may store limited amounts of Content solely to improve the performance of the access to the Products due to network latency, and only if the Licensee does so temporarily, securely, and in a manner that does not permit use of the Content outside of the License, does not manipulate or aggregate any Content or portion of the Products and does not prevent Nearmap from accurately tracking usage and does not modify attribution in any way; and
(c) review, analyze and process the Products through use of machine learning tools, this includes creation of any new products by the Licensee.
For the purposes of this Nearmap for Government Product-Specific Terms,
(a) Content means any content made available to the Licensee in connection with the License and the Website; and
(b) Annualized Estimated Usage means the permitted use of data specified in the New Subscription Quote (or Renewal Quote and Amendment Quote ) by the Licensee for the period of one (1) year from the Commencement Date.
Effective between Feb 8, 2023 - Feb 21, 2025
Survey - During the Term, the Licensee may request a survey of an area which is not covered (in its entirety or in part) by the Coverage Area (”Survey”). The Licensee must provide a detailed description of the area which is to be covered by the Survey. Upon receipt of such a request in writing, Nearmap may, in its absolute discretion, agree to provide the Survey to the Licensee.
AOI - The Survey will only be carried out for the area of interest (”AOI”) as attached to the relevant Quote issued for the Nearmap Now Product.
Delivery of Survey - Subject to section 1 of these Product-Specific Terms and section 12 (Force Majeure section) of the agreement, Nearmap will deliver the Survey to the Licensee by uploading the Survey to the Website within six (6) months of the date on which Nearmap receives payment of the Survey Fee in full from the Licensee. Nearmap will notify the Licensee in writing once the Survey has been uploaded to the Website.
Availability to other Nearmap customers - Nearmap may, at its absolute discretion, allow other customers of Nearmap to access the Survey on the Website.
Refund of Survey Fee - If the Licensee is not in breach of the Agreement and Nearmap elects to terminate the Agreement under section 6.3 (Termination by Nearmap section) prior to delivery of the Survey, Nearmap will refund the Survey Fee to the Licensee.
Effective before Feb 8, 2023
Survey - During the Term, the Licensee may request a survey of an area which is not covered (in its entirety or in part) by the Coverage Area (”Survey”). The Licensee must provide a detailed description of the area which is to be covered by the Survey and which is to be included in the Order Summary. Upon receipt of such a request in writing, Nearmap may, in its absolute discretion, agree to provide the Survey to the Licensee for a Survey Fee.
AOI - The Survey will only be carried out for the area of interest (”AOI”) as attached to the relevant Quote issued for the Nearmap Now Product.
Delivery of Survey - Subject to section 1 of these Product-Specific Terms and section 12 (Force Majeure section) of the agreement, Nearmap will deliver the Survey to the Licensee by uploading the Survey to the Website within six (6) months of the date on which Nearmap receives payment of the Survey Fee in full from the Licensee. Nearmap will notify the Licensee in writing once the Survey has been uploaded to the Website.
Availability to other Nearmap customers - Nearmap may, at its absolute discretion, allow other customers of Nearmap to access the Survey on the Website.
Refund of Survey Fee - If the Licensee is not in breach of the Agreement and Nearmap elects to terminate the Agreement under section 6.3 (Termination by Nearmap section) prior to delivery of the Survey, Nearmap will refund the Survey Fee to the Licensee.
Other Products This section will not be applicable to the Licensee if the Licensee has not purchased a Survey.
Definitions
(a) Order Summary means the “Order Summary” document provided by Nearmap to the Licensee.
(b) Survey Fee means the fee for the Survey as agreed in writing between Nearmap and the Licensee.
Effective before Feb 21, 2025
1. The Licensee agrees that it will only access and use the Nearmap Oblique for ArcGIS product through the “Oblique Viewer for Nearmap” Web AppBuilder for ArcGIS widget, using only methods authorized and documented by Nearmap in our Help Center (which may be updated by Nearmap from time to time in its absolute discretion).
2. The Licensee’s usage of the Nearmap Oblique for ArcGIS will be counted towards the Licensee’s total Periodic Data Allowance.
Effective before Feb 21, 2025
1. In accessing and using the Nearmap on OpenSolar Product, the Licensee agrees to comply with the OpenSolar User Terms and Conditions.
Effective before Feb 21, 2025
This Product provides access to Nearmap’s Vertical, Panorama, Oblique, 3D Viewer and TrueOrtho. The specifications for this Product are published on our Products page, as amended from time to time.
1. No Periodic Allowance – The Periodic Allowance will not apply to the use of the Nearmap Pro Beta Product. The Licensee is strictly prohibited from mass downloading or bulk feeds of any imagery in connection with its use of the Product.
2. Renewal (Annual Plan) – The Nearmap Pro Beta Product under an annual plan will not automatically renew. Renewal of this Product will be by mutual agreement between the parties.
3. Renewal (Monthly Plan) – Subject to the terms of the Agreement and section 6 below, the Nearmap Pro Beta Product will automatically roll over on a month to month basis but will not automatically renew for a subsequent Term.
4. API Access – Except as expressly permitted under this Agreement, the Licensee is not permitted to use API integration methods, or other integration methods, including but not limited to integration with Licensee’s or other third-party platforms or software.
5. Users – In addition to sections 1.2 and 3.1 of the Agreement, access to the Nearmap Pro Beta Product will only be granted to Authorized Users. Nearmap may, at its absolute discretion, require the Licensee and its Authorized Users to comply with changes to the user login process made available through the Website and restrictions relating to simultaneous user login.
6. Billing Period – Where the Licensee purchases the Nearmap Pro Beta Product on a monthly plan, the Fees will be billed monthly in advance. For monthly plans, the Licensee may elect to terminate the Agreement with effect from the next monthly billing period, provided that the Licensee has given at least seven (7) days written notice (email notification is acceptable) to Nearmap prior to the commencement of the next monthly billing period. The Licensee will continue to have access to the Website up to the commencement of the next monthly billing period.
1. General Provisions
(a) The Licensee will access the Nearmap PropertyVision Product via the Website.
(b) To access the Nearmap PropertyVision Product, the Licensee must have an active subscription to:
(i) a Base Nearmap Product; and
(ii) Nearmap AI.
(c) Add-on Products can be accessed via the Nearmap Property Vision Product, including but not limited to Nearmap Roof Condition, Nearmap ImpactResponse and Nearmap ImpactAssessment AI (“Add-on Products”), which are subject to the Licensee having an active subscription to the applicable Add-on Products. The Licensee acknowledges and accepts that the capability and functionality of Nearmap AI accessible in PropertyVision may vary from accessing Nearmap AI in the Nearmap MapBrowser. Nearmap may make updates or changes to the Add-on Products available via the Nearmap PropertyVision Product from time to time at Nearmap’s absolute discretion. Excluding the terms regarding APIs, the Product-Specific Terms of the applicable Add-on Products apply to the Licensee’s access to the Nearmap PropertyVision Product
(d) Nearmap PropertyVision Product specifications, parameters, Add-on Products and exporting formats, are available in Nearmap’s Help Centre, which are subject to change from time to time at Nearmap’s absolute discretion.
2. Transactions
(a) If the Licensee elects to search a Land Parcel available to the Licensee on the Website via the PropertyVision interface, this will be applied to the Transaction Allowance.
(b) If the Licensee elects to download and/or export data of a Land Parcel available to the Licensee on the Website via the PropertyVision interface, this will be applied to the Transaction Allowance.
(c) Where a selected area of interest exceeds the remaining Transaction Allowance, the Licensee will be unable to request the address search and export.
(d) Once the Licensee has used its Transaction Allowance it will no longer be able to request an address search and export unless it elects to purchase Top Up Blocks or until its Transaction Allowance resets.
(e) At all times Transactions for the Nearmap PropertyVision Product (including Add-on Products) are prohibited from being consumed in the Nearmap MapBrowser, unless otherwise agreed to in writing by Nearmap.
3. Definitions
(a) API means an application programming interface.
(b) Base Nearmap Product means a standard Nearmap product including but not limited to Vertical, Oblique, Panorama or Advantage Products.
(c) Transaction means each time the Licensee uses the Website via the PropertyVision interface to search a Land Parcel or export a Land Parcel.
(d) Transaction Allowance means the number of Transactions the Licensee is permitted to carry out in a Period, as specified in the “Allowance” or “Periodic Allowance” column of the Quote, Agreement, or other documentation unless otherwise agreed to in writing between Nearmap and the Licensee.
(e) Help Center means the user guides, operating manuals, training materials, product/service descriptions, product/service specifications, technical manuals, supporting materials, attributes, and other information relating to the Products, including all subsequent revisions and additions thereto as published on Help Center.
(f) Land Parcel means an individual structure on a specific parcel of land with a specific address for a specific vintage, regardless of whether that parcel of land is for commercial or residential use.
(g) Top Up Block means additional Transaction Allowance as measured by additional Transactions purchased by the Licensee during the Term.
Effective before Feb 21, 2025
1. Nearmap Sync – Nearmap Sync allows the Licensee to access certain Products or Content during the Term via designated Platform Software. Nearmap Sync is made up of the following Products:
(a) Nearmap Widget – The Products and Content available through Nearmap Widget shall be determined in the sole discretion of Nearmap.
(b) GeoData Link – The Product-Specific Terms applicable to the version of GeoData Link applicable to the Licensee’s use of GeoData in Nearmap Sync.
(c) Delegated Authentication – The Product-Specific Terms applicable to Delegated Authentication apply to the Licensee’s use of Delegated Authentication in Nearmap Sync.
2. License to Platform Software – In order to use Nearmap Sync, the Licensee must have an active license to Platform Software. Nearmap does not provide a license to Platform Software. The Licensee is solely responsible for obtaining and maintaining its license to Platform Software during the Term. Nearmap is not responsible for any errors or omissions in any Platform Software.
3. Beta License – Subject to the Agreement, Nearmap grants the Licensee a limited, non-exclusive, non-transferable license to use the Nearmap Sync for evaluation and/or testing by the Licensee in the ordinary course of its business for the Trial Period. Notwithstanding anything to the contrary in the Agreement, Nearmap Sync is for internal use by the Licensee and its employees only.
4. General Availability – The Licensee must cease use of Nearmap Sync if Nearmap Sync becomes a Generally Available Product offered by Nearmap. In such a case, Licensee must agree to applicable terms and conditions and payment of Fees (as required) associated with Nearmap Sync as a Generally Available Product.
5. Licensee Feedback – Nearmap is free to use any Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. The Licensee hereby irrevocably assigns to Nearmap, on behalf of the Licensee, all right, title, and interest to the Feedback, and Nearmap is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.
6. Termination – Nearmap may terminate the Licensee’s access to Nearmap Sync in its absolute discretion upon written notice to the Licensee. Upon termination, the Licensee must cease all use of Nearmap Sync and must immediately destroy, delete, or return Nearmap Sync to Nearmap.
7. No Warranty – Nearmap Sync is provided “as is” without warranty of any kind. Nearmap makes no representations or warranties regarding the Nearmap Sync with respect to accuracy, reliability, availability, correctness, merchantability, non-infringement, completeness, fitness for a particular purpose, or any other warranties, whether express or implied, or at law. In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use Nearmap Sync exceed $100 in the aggregate.
8. Confidentiality – All information regarding Nearmap Sync is considered the Confidential Information of Nearmap under the Agreement.
9. Periodic Allowance. The Licensee’s use of Nearmap Sync is not subject to any Periodic Allowance. However, Periodic Allowance may apply to certain Products or Content consumed via Nearmap Sync.
10. Definitions.
(a) Platform Software means a third-party software product or platform that supports the integration of Products or Content through Nearmap Sync.
(b) GeoData Link means either GeoData Link for Government, GeoData Link for US, GeoData Link for AU, or GeoData Link for NZ, as applicable to Licensee.
(c) Nearmap Widget means an embedded tool within CAMA Software through which the Licensee may access certain Products or Content.
(d) Feedback means any of Licensee’s written or oral feedback, comments, questions, suggestions or the like on features, functionality and/or improvements, enhancements, corrections, modifications of Nearmap Sync.
(e) “GA” or “General Availability” means the unconditional release of a Beta Product to the public.
Effective between March 15, 2022 - Feb 21, 2025
These terms apply to any purchase of a Nearmap Vertical Offline Copy Product (“Offline Copy”) effective March 15, 2022 and replaces the terms applicable to Offline Copy Add-on for Government Product. For all Offline Copy Add-on for Government Products purchased prior to March 15, 2022 the terms for Offline Copy Add-on for Government Products apply and can be found here.
1. Nearmap will provide to the Licensee one single local “on-premises” Offline Copy of a mutually agreed area of interest (“AOI”) as further described in the shape file (“AOI”) attached to the Quote.
2. The Offline Copy will be delivered to the Licensee on a mutually agreed date or dates, or within a timeframe that is mutually agreed between Nearmap and the Licensee and where there is no agreement, Nearmap will deliver no later than two (2) months from the Commencement Date.
3. At all times subject to weather and air traffic control restrictions, Nearmap will use commercial reasonable endeavours to provide the Offline Copy in accordance with the technical specifications detailed in the attached AOI and Quote.
4. Licensee may only use the Offline Copy for Permitted Purposes.
5. Unless otherwise detailed in the attached AOI and Quote, the vintage of the imagery to be provided for the Offline Copy is to be mutually agreed between the parties.
6. The Offline Copy may be retained by the Licensee after expiry or termination of this Agreement which may only be used for any purposes related to emergency services in connection with the Licensee’s ordinary course of business.
7. The single Offline Copy will only be provided for the current Term (or Renewal Term) (whichever is applicable) but does not apply to any successive Renewal Term unless expressly set out in the Agreement.
Effective before March 15, 2022
Nearmap will provide to the Licensee one single local “on-premises” copy for the Offline Copy Add-on for Government of a mutually agreed area of interest (“AOI”) as further described in the shape file (“AOI”) attached to the New Subscription Quote.
The Offline Copy Add-on for Government will be delivered to the Licensee on a mutually agreed date and where there is no agreement, Nearmap will deliver no later than two (2) months from the Commencement Date.
The copy of the imagery contained in the Offline Copy Add-on for Government will be provided according to technical specifications detailed in the attached AOI.
Licensee may only use the Offline Copy Add-on for Government for Permitted Purposes.
Unless otherwise detailed in the attached AOI, the vintage of the imagery to be provided for the Offline Copy Add-on for Government is to be mutually agreed between the parties.
The Offline Copy Add-on for Government may be retained by Licensee after expiry or termination of this Agreement which may only be used for any purposes related to emergency services in connection with the Licensee’s ordinary business.
The single Offline Copy Add-on for Government will only be provided for the current Term (or Renewal Term) (whichever is applicable) but does not apply to any successive Renewal Term unless expressly set out in the Agreement.
Effective between Dec, 18 2018 - Feb 21, 2025
1. AOI - Nearmap will provide the Licensee the Offline Products for the area of interests (”AOI”) as attached to this Quote.
2. Delivery – The Offline Products will be delivered to the Licensee (in whole or in part) on a date or dates, or within a time frame that is mutually agreed between Nearmap and the Licensee. The Offline Products will be delivered to the Licensee via a delivery method as determined by Nearmap in its sole discretion having regard to the size of the AOI (“Delivery Method”), which includes but is not limited to secure cloud download link, HDD, FTP (when and as made available by Nearmap) or through a Nearmap portal (when and as made available by Nearmap).
3. Cancellation of Offline Products - If the Licensee is not in breach of the Agreement, and Nearmap has not completed the delivery of the Offline Products in accordance with clause 2 of this Product-Specific Terms, the Licensee may cancel its purchase of the undelivered Offline Products via written notice, effective immediately. Where the Quote only sets out the Licensee’s purchase of the undelivered Offline Products, the cancellation of the undelivered Offline Products will automatically terminate the Agreement.
4. Commencement - The term of the Agreement commences on the day the Licensee first receives the Offline Products (whether in whole or in part) from Nearmap (”Commencement Date“). Nearmap will invoice the Licensee on the Commencement Date and on the Anniversary Date for the Offline Products .
5. Updated Products - Throughout the Term (and any Renewal Term), Nearmap will use commercially reasonable endeavors to inform the Licensee if any update of the Offline Products is available. Nearmap and the Licensee will mutually agree on the timing for delivery and the Delivery Method for providing the updated Offline Product to the Licensee. The Licensee may continue accessing the previous Offline Products, or may choose to access the updated Offline Products via the selected Delivery Method.
6. No Website Access - The Licensee will not be provided access to the Offline Products via the Website.
7. Non-Applicable Terms - All terms in the Agreement relating to Seats, the Website, Periodic Data Allowance, Third Party Providers, Nearmap Property and Nearmap Now do not apply to the Offline Products.
8. Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, (a) the Licensee shall permit Nearmap (or its auditors) access to the business location(s), books and records, employees and/or contractors pertaining to the Licensee’s use of the Offline Products to confirm that the Licensee has deleted and destroyed all Offline Products provided under this Agreement (except the Offline Products incorporated in Derivative Works, as permitted under the Agreement), or (b) the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all Offline Products provided under this Agreement.
9. No Machine Learning - For the avoidance of doubt, the Licensee is not permitted to perform machine learning or any activity that could be considered to be machine learning on the Offline Product without Nearmap’s prior written consent.
10. Renewal - Notwithstanding the terms in the agreement, this Agreement may be renewed by mutual agreement between Nearmap and the Licensee, by written notice at least thirty (30) days prior to the expiry of the Term, for a period agreed between the parties (“Renewal Term”).
11. Renewed Agreement - If the Agreement is further renewed, subject to the payment of the Fees, the Licensee may continue to use the Offline Products, which was delivered to the Licensee under the initial Agreement with the same AOI, for the Permitted Purpose for the Renewal Term.
12. Definitions - For the purposes of this Product-Specific Terms:
(a) Anniversary Date means the date which is twelve months from the Commencement Date, and twelve months from any subsequent start date of a Renewal Term;
(b) FTP means file transfer protocol;
(c) HDD means hard disk drive;
(d) Offline Products means Offline DEM, Offline DSM, Offline Textured Mesh, Offline Point Cloud, and/or Offline True Ortho as specified on the Quote. For any avoidance of doubt, any references to “Products” in the Agreement also refers to the Offline Products.
Effective between Oct 4, 2018 - Dec 18, 2018
AOI - Nearmap will provide the Licensee the Offline Products for the area of interests (”AOI”) as attached to this Quote.
Delivery – The Offline Products will be delivered to the Licensee (in whole or in part) on a date or dates, or within a time frame that is mutually agreed between Nearmap and the Licensee. The Offline Products will be delivered to the Licensee via a delivery method as determined by Nearmap in its sole discretion having regard to the size of the AOI (“Delivery Method”), which includes but is not limited to secure cloud download link, HDD, FTP (when and as made available by Nearmap) or through a Nearmap portal (when and as made available by Nearmap).
Cancellation of Offline Products - If the Licensee is not in breach of the Agreement, and Nearmap has not completed the delivery of the Offline Products in accordance with clause 2 of this Product-Specific Terms, the Licensee may cancel its purchase of the undelivered Offline Products via written notice, effective immediately. Where the Quote only sets out the Licensee’s purchase of the undelivered Offline Products, the cancellation of the undelivered Offline Products will automatically terminate the Agreement.
Commencement - The term of the Agreement commences on the day the Licensee first receives the Offline Products (whether in whole or in part) from Nearmap (”Commencement Date“). Nearmap will invoice the Licensee on the Commencement Date and on the Anniversary Date for the Offline Products .
Updated Products - Throughout the Term (and any Renewal Term), Nearmap will use commercially reasonable endeavours to inform the Licensee if any update of the Offline Products is available and will provide the Licensee the updated Offline Product via the selected Delivery Method. The Licensee may continue accessing the previous Offline Products, or may choose to access the updated Offline Products via the selected Delivery Method.
No Website Access - The Licensee will not be provided access to the Offline Products via the Website.
Non-Applicable Terms - All terms in the Agreement relating to Seats, the Website, Periodic Data Allowance, Third Party Providers, Nearmap Property and Nearmap Now do not apply to the Offline Products.
Permitted Purpose - The Permitted Purpose as defined in the Agreement shall include Licensee’s internal reproduction, display and use of the Offline Products, including for purposes of reviewing, analysing and processing of the Offline Products (including without limitation through use of machine learning tools where Licensee Products are created) for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
License to Offline Products - Licensee’s Licence with respect to internal reproduction, display and use of the Offline Products during the Term, as set forth in the preceding clause 8 of this Product-Specific Terms shall be non-exclusive, non-transferrable (subject to the “Assignment” clause of the agreement), limited and irrevocable (other than a termination of this Agreement by Nearmap as provided under the agreement).
IP Rights of Output -
With respect to the use of Offline DSM, the results of the activities described in clause 8 of this Products-Specific Terms shall be considered Derivative Works as defined under the Agreement.
With respect to the use of Offline Textured Mesh, the Licensee will at all times own all Intellectual Property Rights in and to the results of the activities described in clause 8 of this Product-Specific Terms (including without limitation any Licensee Products, but excluding the Offline Textured Mesh itself), including any derivatives thereof (that does not embed the Offline Textured Mesh) and any corrections and updates to such results or any derivatives thereof (“Results”).
Retaining Licensee Products and Results – In addition to the terms of the agreement, upon termination or expiry of the Agreement, the Licensee may retain all Licensee Products and Results (that do not embed the Offline Products), for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, (a) the Licensee shall permit Nearmap (or its auditors) access to the business location(s), books and records, employees and/or contractors pertaining to the Licensee’s use of the Offline Products to confirm that the Licensee has deleted and destroyed all Offline Products provided under this Agreement (except as permitted under clauses 9(a) and 10 of these Product-Specific Terms), or (b) the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all Offline Products provided under this Agreement.
Renewal - Notwithstanding the terms in the agreement, this Agreement may be renewed by mutual agreement between Nearmap and the Licensee, by written notice at least thirty (30) days prior to the expiry of the Term, for a period agreed between the parties (“Renewal Term”).
Renewed Agreement - If the Agreement is further renewed, subject to the payment of the Fees, the Licensee may continue to use the Offline Products for the Permitted Purpose for the Renewal Term.
Sharing Access - This clause 14 applies only to the Offline Textured Mesh Product. The Licensee may provide third parties (subject to Nearmap’s written approval of the third parties) access to the Offline Textured Mesh to carry out the activities as set out in clause 8 of this Product-Specific Terms on behalf of the Licensee. The Licensee is responsible and liable for any such third parties who uses the Offline Textured Mesh made available to the Licensee in breach of this Agreement. Upon expiry or termination of this Agreement, the Licensee must ensure the third party deletes and destroys all Offline Textured Mesh and Licensee Products or Results in the third party’s possession.
Definitions - For the purposes of this Product-Specific Terms:
Anniversary Date means the date which is twelve months from the Commencement Date, and twelve months from any subsequent start date of a Renewal Term;
FTP means file transfer protocol;
HDD means hard disk drive;
Land Parcel means a specific parcel of land with a specific address; and
Licensee Product means any attribute data (e.g., roof type or existence of a swimming pool) or set of such data relating to a single Land Parcel developed by the Licensee through the use of the Offline Products in accordance with the Permitted Purpose set forth in clause 8 of this Product-Specific Terms, provided that attribute data shall not include an image extracted from the Offline Textured Mesh.
Offline Products means Offline DSM and/or Offline Textured Mesh, as specified on the Quote. For any avoidance of doubt, any references to “Products” in the Agreement also refers to the Offline Products.
Effective before October 4, 2018
AOI - Nearmap will provide the Licensee the Offline Products for the area of interests (”AOI“) as attached to this Quote.
Delivery – The Offline Products will be delivered to the Licensee on a date that is mutually agreed in writing. The Offline Products will be delivered to the Licensee via a secure cloud download link (“Download Link”) provided by Nearmap. The Download Link will only be accessible by the Licensee for the Term.
Cancellation of Offline Products - If the Licensee is not in breach of the Agreement, and Nearmap has not completed the delivery of the Offline Products in accordance with section 2 of this Product-Specific Terms, the Licensee may cancel its purchase of the undelivered Offline Products via written notice, effective immediately. Where the Quote only sets out the Licensee’s purchase of the undelivered Offline Products, the cancellation of the undelivered Offline Products will automatically terminate the Agreement.
Commencement - The Term of the Agreement commences on the day the Licensee receives the Download Link from Nearmap.
Updated Offline Products - Throughout the Term (and any Renewal Term), Nearmap will use commercially reasonable endeavours to inform the Licensee if any update of the Offline Products is available and will provide the Licensee a new Download Link containing the updated Offline Products. The Licensee may continue using the previously supplied Download Link to continue accessing the previous Offline Products, or may choose to use the new Download Link to access the updated Offline Products.
No Website Access - The Licensee will not be provided access to the Offline Products via the Website.
Non-Applicable Terms - All terms in the Agreement relating to Seats, the Website, Periodic Data Allowance, Third Party Providers, Nearmap Property and Nearmap Now do not apply to the Offline Products.
Permitted Purpose - The Permitted Purpose as defined in the Agreement shall include Licensee’s internal reproduction, display and use of the Offline Products, including for purposes of reviewing, analysing and processing of the Offline Products (including without limitation through use of machine learning tools where Licensee Products are created) for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
License to Offline Products - Licensee’s License with respect to internal reproduction, display and use of the Offline Products during the Term, as set forth in the preceding section 8 of this Product-Specific Terms shall be non-exclusive, non-transferrable (subject to the “Assignment” section of the agreement), and irrevocable (other than a termination of this Agreement by Nearmap as provided under the agreement).
IP Rights of Output
With respect to the use of Offline DSM, the results of the activities described in section 8 of this Products-Specific Terms shall be considered Derivative Works as defined under the Agreement.
With respect to the use of Offline Textured Mesh, the Licensee will at all times own all Intellectual Property Rights in and to the results of the activities described in section 8 of this Product-Specific Terms (including without limitation any Licensee Products, but excluding the Offline Textured Mesh itself), including any derivatives thereof (that does not embed the Offline Textured Mesh) and any corrections and updates to such results or any derivatives thereof (“**Results**”).
Retaining Licensee Products and Results - In addition to the terms of the agreement, upon termination or expiry of the Agreement, the Licensee may retain all Licensee Products and Results (that do not embed the Offline Products), for the Licensee’s internal use in its ordinary course of business, and excluding at all times any Commercial Purposes.
Additional Audit Requirements – In addition to the audit requirements in the agreement, upon expiry or termination of the Agreement, (a) the Licensee shall permit Nearmap (or its auditors) access to the business location(s), books and records, employees and/or contractors pertaining to the Licensee’s use of the Offline Products to confirm that the Licensee has deleted and destroyed all Offline Products provided under this Agreement (except as permitted under sections 9(a) and 10 of these Product-Specific Terms), or (b) the Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap certification declaring that it has deleted and destroyed all Offline Products provided under this Agreement.
Renewal - Notwithstanding the terms in the agreement, this Agreement may be renewed by mutual agreement between Nearmap and the Licensee, by written notice at least thirty (30) days prior to the expiry of the Term, for a period agreed between the parties (“Renewal Term”).
Renewed Agreement - If the Agreement is further renewed, subject to the payment of the Fees, Nearmap will ensure that the Download Link containing previously delivered Offline Products remains accessible to the Licensee, and the Licensee may continue to use the Offline Products for the Permitted Purpose for the Renewal Term.
Sharing Access - This section 14 applies only to the Offline Textured Mesh Product. The Licensee may provide third parties (subject to Nearmap’s written approval of the third parties) access to the Offline Textured Mesh to carry out the activities as set out in section 8 of this Product-Specific Terms on behalf of the Licensee. The Licensee is responsible and liable for any such third parties who uses the Offline Textured Mesh made available to the Licensee in breach of this Agreement. Upon expiry or termination of this Agreement, the Licensee must ensure the third party deletes and destroys all Offline Textured Mesh and Licensee Products or Results in the third party’s possession.
Definitions - For the purposes of this Product-Specific Terms:
1. Land Parcel means a specific parcel of land with a specific address; and
2. Licensee Product means any attribute data (e.g., roof type or existence of a swimming pool) or set of such data relating to a single Land Parcel developed by the Licensee through the use of the Offline Products in accordance with the Permitted Purpose set forth in section 8 of this Product-Specific Terms, provided that attribute data shall not include an image extracted from the Offline Textured Mesh.
3. Offline Products means Offline DSM and/or Offline Textured Mesh, as specified on the Quote. For any avoidance of doubt, any references to “Products” in the Agreement also refers to the Offline Products.
Effective between Jan 31, 2020 - Feb 21, 2025
During the Term of the Agreement, the Licensee is permitted to publish extracts of static imagery contained within the Product (“Static Imagery”) on the Licensee’s public facing website subject to the following:
on a single domain (“Licensee Website”);
web map view only which includes but is not limited to ArcGIS Online (“WebMap”);
the extract of the Static Imagery that may be published must be in some way connected to the Licensee and its ordinary course of business. For the avoidance of doubt, the Licensee is expressly prohibited from publishing all imagery that may be accessible through the Product on the Licensee Website and the Webmap;
no export tools for the Static Imagery is to be made available through the WebMap and/or the Licensee Website;
the Static Imagery displayed must not be accompanied by drawing or measuring tools;
the Licensee must use online solutions for integrating the Static Imagery into the WebMap and/or to the Licensee Website which are made available by Nearmap from time to time, which at the Commencement Date is through an application programming interface for ArcGIS Online;
the Licensee must acknowledge Nearmap in accordance the Agreement where the Static Imagery are displayed on the Licensee Website and WebMap;
the Licensee is not restricted on the vintage of the Static Imagery which may be displayed on the Licensee Website and Webmap;
the extracts of the Static Imagery displayed on the WebMap and/or the Licensee Website should not be degraded. But the zoom level of the Static Imagery is restricted to Level 20 (6 inch imagery resolution) or 1:564 Map Scale; and
it is the Licensee’s responsibility to implement the zoom restriction set out in section 1(i) of these terms.
Effective before Feb 21, 2025
1. Rapid Appraisal Solution. Rapid Appraisal Solution, or “RAS”, allows the Licensee to access certain Products or Content during the Term via designated CAMA Software. RAS is made up of the following Products: Nearmap Widget, GeoData Link for Goverrnment, and Delegated Authentication.
(a) Nearmap Widget. The Products and Content available through Nearmap Widget shall be determined at the sole discretion of Nearmap.
(b) GeoData Link for Government. The Product-Specific Terms applicable to GeoData Link for Government apply to the Licensee’s use of GeoData Link for Government in RAS.
(c) Delegated Authentication. The Product-Specific Terms applicable to Delegated Authentication apply to the Licensee’s use of Delegated Authentication in RAS.
2. License to CAMA Software. In order to use RAS, the Licensee must have an active license to CAMA Software. Nearmap does not provide a license to CAMA Software. The Licensee is solely responsible for obtaining and maintaining its license to CAMA Software during the Term. Nearmap is not responsible for any errors or omissions in any CAMA Software.
3. Government Licensee. Unless otherwise expressly approved by Nearmap in writing, the Licensee must be a government, government agency, or appraisal district in order to use RAS. Government contractors assisting in appraisal-related activities may access and use RAS on behalf of the Licensee, provided that (a) the government contractor is not permitted to use RAS for any customer or client other than the Licensee, and (b) the Licensee will be responsible for the acts or omissions of the government contractor under the Agreement.
4. Periodic Allowance. The Licensee’s use of RAS is not subject to any Periodic Allowance. However, Periodic Allowance may apply to certain Products or Content consumed via RAS.
5. Definitions.
(a) CAMA Software means a third-party Computer Assisted Mass Appraisal Software product or platform that supports the integration of Products or Content through RAS.
(b) Nearmap Widget means an embedded tool within CAMA Software through which the Licensee may access certain Products or Content.
Effective before Feb 21, 2025
No Periodic Data Allowance
1. Periodic Data Allowance will not apply to the use of Transactional Content API.
Transactions
2. Each time the Licensee requests a Transaction, the associated Transactional Credit will be deducted from the Licensee’s Transactional Credit Allowance.
3. Each time the Licensee requests a Transaction, a Transaction Token will be generated through the API. The Transaction Token will remain valid and active for thirty (30) days (“Active Transaction Token”) from the date the Licensee generated the request. Any request made by the Licensee using the Active Transaction Token will be considered as a single Transaction.
4. The number of Transactional Credits required by the Licensee to make requests via Transactional Content API to access Nearmap Products or Content, and the applicable Fee (including bundled Nearmap Products or Content), is set out in the Pricing Table. Nearmap may update the Pricing Table, including the Nearmap Products or Content available via Transactional Content API (including bundled Nearmap Products or Content) by providing thirty (30) days written notice to the Licensee.
5. The Licensee may not consume Transactions that exceed its Transactional Credit Allowance during the Term.
6. Any unused Transactional Credit Allowance will not be rolled over into a Renewal Term.
API Update
7. Nearmap may, from time to time, retire an API, or provide, updates or new releases to the API for use by the Licensee (“API Update”). Nearmap will provide thirty (30) days written notice prior to the date of the API Update.
Definitions
a. API means an application programming interface.
b. Coverage Request means the initial call to the API requesting specific Nearmap Products or Content for an area of interest, with Transactional Credit being charged when the initial call is made.
c. Pricing Table means the table containing the number of Credits required to request specific Nearmap Products or Content that is accessed via the Licensee’s account that may be updated by Nearmap from time to time.
d. Transaction means each time the Licensee makes a Coverage Request through the API for Nearmap Products or Content.
e. Transactional Credit means the price for consuming Nearmap Products or Content as set out in the Pricing Table.
f. Transactional Content API means the API accessible by the Licensee to access and obtain delivery of the Nearmap Products or Content.
g. Transactional Credit Allowance means the number of Credits the Licensee has purchased or has been allocated as part of the Licensee’s Nearmap subscription and is permitted to use during the Term, as specified in the Quote, Agreement, or as otherwise agreed in writing between Nearmap and the Licensee.
h. Transaction Token means the transaction identifier provided through the API for a Transaction that is used to consume Nearmap Products or Content.