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Previous Product-Specific Terms

Did you purchase any of the products listed below before the release of our most recently updated Product Specific Terms?
No problem. Simply check below for the Product-Specific Terms that may apply to your products.

Effective between 15 Nov 2024 - 21 Feb 2025

  1. General Provision – Where the Licensee has purchased the ArcGIS Integration Product, the Product-Specific Terms for Nearmap Sync apply.

  2. 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 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.

  3. 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.

  4. 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.

  5. 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 15 Nov 2024

  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.

Effective before 21 Feb 2025

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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 21 Feb 2025

1. GeoData Link - The GeoData Link 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 include information regarding viewing Licensed Content or integrating Permitted Public Location Data into MapBrowser or an approved Nearmap Widget and are documented in the Nearmap Help Centre.

3. Location Data - If the Licensee integrates any Permitted Public Location Data for use in GeoData Link, 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 Product is not subject to any Periodic Allowance.

5. Esri Terms - Integrating and using Permitted Public Location Data from Esri via the GeoData Link 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

(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.

(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) Nearmap Help Centre 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 21 Feb 2025

1. 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.

2. 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.

3. Delivery of Survey – Subject to clause 1 of these Product-Specific Terms and clause 12 (Force Majeure clause) 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.

4. Availability to Other Nearmap Customers –Nearmap may, at its absolute discretion, allow other customers of Nearmap to access the Survey on the Website.

5. Refund of Survey Fee – If the Licensee is not in breach of the Agreement and Nearmap elects to terminate the Agreement under clause 6.3 (Termination by Nearmap clause) prior to delivery of the Survey, Nearmap will refund the Survey Fee to the Licensee.