General Provision. These Product-Specific Terms apply where the Customer is exporting Nearmap Data from the Platform 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 Customer to select an area within the Territory coverage area to export from the Platform into an available Advanced Export Format.
b. Each time the Customer exports an area into an Advanced Export Format, the area will count towards reducing the Customer’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 of the Subscription Term.
e. The Customer 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 Customer 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 relevant Documentation found on 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 Customer may store Advanced Export data exported from the Platform to be used for internal business purposes, and the Customer may continue to retain any such Advanced Export data until the Agreement expires or is terminated. Following termination, and in accordance with the Agreement and these Product-Specific Terms, the Customer must delete, destroy or return to Nearmap all exported data.
Top Up Blocks. If the Customer is about to exceed its Export Allowance, the Customer may purchase additional Top Up Blocks. The Top Up Blocks purchased will only be added to the Customer’s usage account once payment has been made in accordance with the payment term specified on the invoice.
Third Party Access. The Customer is permitted to make the exported Advanced Export data available to third party contractors that are providing visualization services, including but not limited to animation, presentation and static imagery creation (Visualization Work) to the Customer strictly to the extent necessary for the third party to provide Visualization Work to the Customer only. At all times, the customer 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 Customer may continue to use the Advanced Export data, which was exported by the Customer during the initial Subscription Term of the Agreement, for internal business purposes for the Renewal Term.
b. If a Top Up Block has been purchased during the Subscription 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 Customer’s use of the Advanced Export Product, means any new work created by or for the Customer 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 the 3D data has been amended, it remains Nearmap Data in general and is not considered a Derivative Work.
c. Export Allowance means the area allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
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. Period means the period shown in the “Allowance” or similar section indicative of a specific period of time in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
f. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
g. Top Up Block means any additional data blocks as specified on the Order Form for the purchase of additional Export Allowance.
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 at the end of the Subscription Term in accordance with the terms of the Agreement, unless otherwise agreed in writing between the parties.
Definitions. For the purposes of these 3D Export Product-Specific Terms,
a. 3D Export means Nearmap’s 3D Export Product.
b. 3D Viewer means Nearmap’s 3D Viewer Product.
No Periodic Data Allowance. Periodic Data Allowance will not apply to the use of the 3D Viewer Product.
Additional Uses. The Customer is permitted to capture Static Images or video snapshots of the 3D Viewer Product using any available print screen or video capture function and use the Static Images or video snapshots for the sole purpose of creating Derivative Works.
Definitions. For the purposes of these 3D Viewer Product-Specific Terms,
a. Derivative Works, specifically in relation to the Customer’s use of the 3D Viewer Product, means any new work created by or for the Customer that incorporates or embeds Static Images or video snapshots of the 3D data.
b. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
c. Static Images means the type(s) of imagery made available to the Customer,as set out in the Order Form.
Permitted ML. Notwithstanding Section 2.5 of the Agreement and subject to Section 2 of these Product-Specific Terms, the Customer may conduct Permitted ML on Nearmap Vertical imagery during the Subscription Term using the Nearmap for ArcGIS Image Product within permitted Esri ArcGIS software products (ArcGIS Software). The Customer acknowledges that the license, or permission to use the ArcGIS Software, is not provided by Nearmap or included under the terms of the Agreement or these Product-Specific Terms. The Customer 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 Customer’s GIS infrastructure being able to process Nearmap imagery;
d. Nearmap has no express 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 Vertical offline imagery will function or perform as intended within any ArcGIS Software; and
f. The Customer is solely responsible for any fees charged related to the processing, transfer, or hosting of Nearmap Vertical offline imagery delivered by Nearmap to Customer’s ArcGIS Online account.
Intellectual Property Rights. The Customer will own the Intellectual Property Rights in the Permitted ML Outputs, excluding:
a. Any Products or Nearmap Data contained in the ML Derivatives; and
b. Any extracts of the Products or Nearmap Data contained in the Permitted ML Outputs.
For the avoidance of doubt, Nearmap will continue to own all rights in and to any Products or Nearmap Data embedded in a Permitted ML Output, but all other rights in and to the Permitted ML Output will belong to the Customer. Unless otherwise notified by Nearmap in writing (email to suffice), the Customer may continue using the Permitted ML Outputs following termination or expiration of this Agreement but not any Nearmap Data, including without limitation any underlying Nearmap imagery.
Use of Permitted ML. The Customer may use and exploit the Permitted ML Outputs for its internal business purposes only. In using the Nearmap for ArcGIS Image Product, the Customer is not permitted to:
a. Reverse engineer, disassemble, decompile, or otherwise reconstruct any Permitted ML Outputs, such that it would allow any unauthorized access tothe Products or Nearmap Data (whether in whole or in part) through the Permitted ML;
b. Share, publish, or otherwise distribute Permitted ML Outputs that have used any Products or Nearmap Data as an input;
c. Use the Permitted ML Outputs for any commercial or unlawful purpose; or
d. Use any Nearmap Data, other than Nearmap Vertical offline imagery solely as permitted under these Product-Specific Terms, in the training and validation of the Customer’s ML models unless an additional Product has been purchased by the Customer for that purpose.
Termination. Upon expiration or termination of the Agreement, the Customer shall
a. Immediately cease any further Permitted ML;
b. Only retain the Permitted ML Outputs. All other Nearmap Data, including, but not limited to, screenshots, videos, or other media, must be deleted and destroyed; and
c. Provide Nearmap a certification declaring that all Nearmap Data has been deleted and destroyed, except for Permitted ML Outputs, in accordance with Section 6.4 of the Agreement.
Definitions. For the purposes of these ArcGIS Image Product-Specific Terms,
a. Intellectual Property Rights includes all industrial and intellectual property rights throughout the world including copyright, moral rights, trademarks, patents, rights to protect confidential information, and any similar rights.
b. Machine Learning or ML means deep learning, computer vision, or artificial intelligence.
c. ML Derivatives means portions of the ML attributes created or authored by Licensee (subject to Section 1.10 of the Agreement and excluding the Products themselves), including any derivatives and any corrections and updates to such results or any derivatives.
d. 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 offline imagery for the purpose of extracting ML attributes relating to geospatial features for a particular area of interest for internal use by the Customer.
e. 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 Customer that does not contain any underlying Nearmap imagery.
Periodic Data Allowance. The Customer’s usage of the ArcGIS Integration Product will be counted towards the Customer’s total Periodic Data Allowance. The Customer is responsible for ensuring the Customer has sufficient Periodic Data Allowance to meet the Customer’s ArcGIS Integration requirements to avoid restrictions being placed on the Customer’s subscription.
For the purposes of these ArcGIS Integration Product-Specific Terms,
a. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
License. Subject to the Agreement, Nearmap grants the Customer a non-exclusive, non-sublicensable (unless otherwise permitted in this Agreement), royalty-free, non-transferable (except in compliance with the Agreement) license to use the Beta Products for evaluation and/or testing by the Customer in the ordinary course of its business for the Trial Period. Notwithstanding anything to the contrary in the Agreement, the Beta Products are to be used for internal business purposes by the Customer and its employees only.
Products. The Customer will receive access to the Beta Products as set forth in the Order Form 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 mutual written agreement (email deemed sufficient), at all times subject to these Product-Specific Terms.
No Periodic Allowance. Unless outlined on the Order Form or indicated in another written instrument, the Customer’s use of the Beta Products is not subject to any Periodic Data Allowance.
Term. The Customer may use each Beta Product for the Trial Period, unless otherwise extended by mutual agreement or where Nearmap exercises its discretion to cease use of the Beta Product.
General Availability. The Customer must cease use of each Beta Product if that Beta Product becomes a Generally Available Product offered by Nearmap. Where the Customer purchases the GA Product, the Customer must agree to applicable terms and conditions and pay any Fees associated with the GA Product.
Customer Feedback. Where the Customer and any Authorized Users provide 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 permitted to use the Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. The Customer hereby irrevocably assigns to Nearmap, on behalf of the Customer 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.
Termination. Nearmap may terminate the Customer’s access to one or more of the Beta Products in its absolute discretion upon written notice to the Customer. Upon termination, the Customer must cease all use of the Beta Products and must immediately destroy, delete, or return to Nearmap those Beta Products in its possession.
No Warranty. Notwithstanding as may otherwise be set forth in the Agreement, 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.
Confidentiality. All information regarding the Beta Products is considered the Confidential Information of Nearmap under the Agreement.
Definitions. For the purposes of these Beta Products Product-Specific Terms,
a. Authorized Users means individuals with access to the Beta Products under this Agreement.
b. Beta Product or Beta Products means Nearmap Products or Nearmap Data 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. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
e. Trial Period means the period of access as set forth in the Order Form or other written instrument that is approved by Nearmap.
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 Customer to view certain Products or Nearmap Data within MapBrowser during the Subscription 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 Customer’s use of GeoData Link in Nearmap Sync;
c. Delegated Authentication – The Product-Specific Terms for Delegated Authentication apply to the Customer’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 Customer, the deliverables of which could include, but are not necessarily limited to, code, scripts, and configuration files required for integration.
License to Platform Software. In order to use Nearmap Sync, the Customer must have an active license to Platform Software. The Customer is solely responsible for obtaining, maintaining, and complying with the terms applicable to its license to, and use of, Platform Software during the Subscription Term. Nearmap does not procure for or provide the Customer 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 Customer’s license to or use of Platform Software.
Periodic Data Allowance. The Customer’s use of Nearmap Sync is not subject to any Periodic Data Allowance. However, Periodic Data Allowance may apply to certain Products or Nearmap Data consumed via Nearmap Sync.
Definitions. For the purposes of these Nearmap Sync Product-Specific Terms,
a. GeoData Link means either GeoData Link for Government, GeoData Link for US, GeoData Link for AU, or GeoData Link for NZ, as applicable to Customer.
b. MapBrowser means a specific Nearmap Platform.
c. Nearmap Widget means the Nearmap technology that embeds Nearmap software and data and allows the Customer to access certain Products or Nearmap Data.
d. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
e. Platform Software means a third-party software product or platform that supports the integration of Products or Nearmap Data through Nearmap Sync.
“Betterview Services” means those products previously provided by Betterview Marketplace, Inc., including the software platform, but excluding any portions thereof that originated with Nearmap. Betterview Services also include any services on the Quote that contain a “Betterview” designation. The Betterview Services are now considered Products under the applicable Nearmap products agreement.
“Licensee Data” means all electronic data or information collected by, or submitted by Licensee to, the Betterview Services or Partner Connect Services. Licensee Data does not include Feedback or information Nearmap derives from any users use of the Betterview Services or Partner Connect Services.
“Partners” means persons or entities with whom Nearmap is offering the Partner Connect Services. “Partner Connect Services” means the Partner-fulfilled services as set forth on the applicable ordering document.
PERFORMANCE AND ACCESS
“Website,” as used in the applicable Nearmap products agreement, includes all pages and sub-sites available within the betterview.com domain.
Licensee has access to the Betterview Services and Partner Connect Services via a user interface (“UI”) and a REST application programming interface (“REST API”). Licensee can submit requests for property information and retrieve property information for such submitted requests through both the UI and the REST API. When submitting a request for property information, Licensee must specify the Betterview Services or Partner Connect Services being requested.
Licensee is solely responsible for the accuracy of the address(es) Licensee inputs in Licensee’s use of the Betterview Services and Partner Connect Services, as well as inputting the address(es) in the correct format. In addition to the address(es), Licensee may provide other identifying information about the property (such as but not limited to business name), for which Licensee is solely responsible for the accuracy of any such information provided. If the property Licensee is requesting information on is unclear based on the information Licensee provides, Nearmap may mark the request as a non-productive request in the UI or REST API.
To the extent Licensee has purchased or subscribed to any Partner Connect Services, Licensee must agree to and comply with, and ensure its Authorized Users agree to and comply with, any applicable terms of use or licenses of such Partner Connect Services. To the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a Partner or the Partner Connect Services.
LICENSEE DATA & FEEDBACK
Licensee shall be solely responsible for the accuracy, quality, integrity, and legality of Licensee Data and of the means by which it acquired Licensee Data.
Licensee shall own and retain all right, title, and interest in and to Licensee Data; provided, however, that Licensee hereby grants to Nearmap a worldwide, royalty-free, non-exclusive license to use Licensee Data solely for (i) providing, maintaining, and improving the Products, (ii) providing Licensee with access to and information about customized features, new functionality, and partner integrations, and (iii) aggregating and anonymizing Licensee Data to derive de-identified data. The resulting de-identified data shall not be deemed Licensee Data, and thus Nearmap may copy, modify, retain, distribute and disclose, display, and otherwise use and commercialize such de-identified data for any purpose permitted under applicable law, including to provide and optimize Products and performance analytics.
Licensee may provide to Nearmap bug reports, suggestions, enhancement requests, recommendations or other feedback or content relating to the Betterview Services and Partner Connect Services (“Feedback”). By providing any Feedback, Licensee hereby assigns to Nearmap all right, title, and interest in and to the Feedback, if any. Nothing in the applicable products agreement or these product-specific terms will restrict Nearmap’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit any Feedback for improving or otherwise modifying any Products without compensating or crediting Licensee.
RETROSPECTIVE LOSS ANALYSIS
If a retrospective loss analysis is included as part of the Betterview Services Licensee subscribes to, then the following terms shall apply:
a. The retrospective loss analysis requires Licensee to provide claims data to Nearmap on a quarterly basis or other period as mutually agreed to by the parties in writing (email to suffice).
b. Individual required attributes of the claims data include address, incurred amount, paid amount, loss type, cause of loss, loss adjusted expenses (LAE), premium, inception date, and policy effective date.
c. The retrospective data sheet will include loss data for all properties covered under the identified use case(s) and applicable line(s) of business.
ENTIRE AGREEMENT
By accessing either the Betterview Services or Partner Connect Services, any agreement with Betterview Marketplace, Inc. that Licensee previously entered into is superseded and replaced by these and/or other applicable product-specific terms together with the applicable Nearmap products agreement agreed to by Licensee.
Annual Bonus Data. Where the Customer is provided with the Annual Bonus Data Product, the Bonus Data will be available for use by the Customer for up to twelve (12) months, as follows:
a. New Customers: from the commencement of the Subscription Term
b. Current Customers: from the commencement of a Renewal Term
The Annual Bonus Data will be available for use by the Customer for the first twelve (12) months of the Subscription Term and where the Customer renews their subscription, the unapplied months of the Annual Bonus Data will be rolled over to the following renewal Subscription Term.
Quarterly Bonus Data. Where the Customer is provided with the Quarterly Bonus Data Product, the Quarterly Bonus Data will be available for use by the Customer for up to three (3) months, as follows:
a. New Customers: from the commencement of the Subscription Term
b. Current Customers: from the commencement of a Renewal Term
The Quarterly Bonus Data will be available for use by the Customer for the remainder of the Subscription Term, and where the Customer renews their subscription, the unapplied months of the Quarterly Bonus Data will be rolled over to the following renewal Subscription Term.
Renewal. The Bonus Data Product will not automatically renew with other Products on the Customer’s subscription. Renewal of this Bonus Data Product will be at Nearmap’s absolute discretion.
Periodic Data Allowance. If the amount of data used by the Customer in any given Period is less than the total Periodic Data Allowance allocated to the Customer (including the allowance for the Bonus Data), any unused balance will not be rolled over to a following Subscription Term
Definitions. For the purposes of these Bonus Data Product-Specific Terms,
a. Annual Bonus Data means additional data provided to the Customer, to be used within a twelve (12) month period.
b. Bonus Data means either the Annual Bonus Data Product or the Quarterly Bonus Data Product.
c. Period means the period shown in the “Allowance” or similar section indicative of a specific period of time in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
d. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
e. Quarterly Bonus Data means additional data provided to the Customer, to be used within a three (3) month period.
Sharing. Through the Collaboration Feature, projects may be shared internally within the Customer’s organization. The Customer and its Authorized Users are responsible for ensuring that any such internal sharing complies with the Customer’s policies and procedures. Sharing projects with anyone outside of the Customer’s organization is strictly prohibited.
Consent. When an Authorized User joins a project, or when an Authorized User shares any information in a project, the Customer and its Authorized Users represent and warrant that the Customer 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 Customer and its Authorized Users commit to maintaining strict confidentiality regarding any shared information and agree to respect the intellectual property rights of others. The Customer and its Authorized Users acknowledge that any misuse may result in suspension of access of the Nearmap Products.
Restrictions. The Customer and its Authorized Users are prohibited from uploading, adding, sharing, or otherwise providing any sensitive information, including, but not limited to, social security numbers, passport numbers, driver’s license numbers, credit card or debit card numbers, or any other similar information which may be subject to specific data privacy and security laws.
Users. The Collaboration Feature has 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 Customer’s account administrator or other designated representative is responsible for monitoring and updating (where relevant) the users on any given project. For the avoidance of doubt, Nearmap does not hold any responsibility in the management of the Customer’s account.
Compliance. If an Authorized User is unsure if its use complies with the governing agreement between the Customer and Nearmap, the Authorized User is responsible for consulting the Customer’s account administrator or designated representative.
No Periodic Data Allowance. Periodic Data Allowance will not apply to the use of the Delegated Authentication Product.
Nearmap Customer. The Customer acknowledges and agrees that use of the Delegated Authentication Product may enable third parties to determine the Customer is a Nearmap customer. By accessing or otherwise using the Delegated Authentication Product, the Customer consents to such potential identification.
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 the Customer.
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 the Customer up to three (3) months written notice, prior to the date of the Updated Integration Method. The Customer (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 Customer for any failure to meet its obligations under the Agreement if the Customer fails or otherwise refuses to update or integrate the Updated Integration Method. The Customer shall not update or interfere with the Integration Method or use its own integration methods without Nearmap’s prior written consent.
Third-party Integrations. By using the Delegated Authentication Product, the Customer acknowledges and agrees that access to and use of the Nearmap website and Products may be directly from third-party services and such third-party services may not have the same authentication and security features as the Nearmap Platform and Products. The Customer 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.
Active Directories. Once the Delegated Authentication Product has been enabled, the Customer is solely responsible for its active directories, and for the users under its domain that have access to the Nearmap Platform and Products.
Definitions. For the purposes of these Delegated Authentication Product-Specific Terms,
a. Integration Method means the method provided by Nearmap to the Customer from time to time, which allows the Customer to access the Nearmap Platform and the Products under the license, including but not limited to Nearmap supported APIs using Nearmap’s documented API key authentication methods.
b. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
No Periodic Data Allowance. Periodic Data Allowance will not apply to the use of the DSM and True Ortho API Product.
Transaction.
a. The Customer may not carry out Transactions exceeding the Transaction Allowance for each Period of the Subscription Term.
b. Unused Transaction Allowance will not be rolled over to the next Period.
c. The 3D format types available to the Customer through the 3D API will be determined at Nearmap’s sole discretion.
d. A Transaction ID will remain active for thirty (30) days (Active Transaction ID). Any requests made by the Customer using an Active Transaction ID will be considered 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, this request will be considered as a separate Transaction.
Permitted Caching. Notwithstanding any provision of the Agreement, the Customer is permitted to cache 3D data requested through the 3D API for internal business purposes during the Subscription Term only.
3D Data Delete and Destroy. Upon expiration or termination of the Agreement, the Customer must delete and destroy all 3D data made available by Nearmap during the Subscription Term.
Definition. For the purposes of these DSM and True Ortho API 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. Location means the latitude, longitude, and radius specified by the Customer.
d. Period means the period shown in the “Allowance” or similar section indicative of a specific period of time in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
e. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
f. Transaction means each time the Customer uses a Transaction ID to request 3D data (regardless of vintage and format) of a Location through the 3D API.
g. Transaction Allowance means the number of Transactions the Customer is permitted to carry out in a Period, as specified in the “Allowance” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
h. Transaction ID means a transaction identifier provided through the API for a Location.
GeoData Link for Government. The GeoData Link for Government Product allows the Customer to integrate Permitted Public Location Data into the Platform 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.
Product Specifications. Product specifications for GeoData Link for Government include information regarding viewing Licensed Content or integrating Permitted Public Location Data into the Platform or an approved Nearmap Widget and are documented in the Help Center.
Location Data. If the Customer 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.
No Periodic Data Allowance. . Periodic Data Allowance will not apply to the use of the GeoData Link for Government Product.
Esri Terms. Integrating and using Permitted Public Location Data from Esri via the GeoData Link for Government through the Esri Rest API is subject to any applicable Esri License Terms.
Definitions. For the purposes of these GeoData Link for Government Product Specific Terms,
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 Customer has access to under the Agreement.
e. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
f. 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.
g. 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 at: https://help.nearmap.com/.
h. Nearmap Widget means an embedded Nearmap tool or application through which the Customer may access certain Products or Nearmap Data.
Effective 8 April 2021
The Terms and Conditions set out in clause 1 “AI Attributes: General Provisions” below apply to all Nearmap AI related Products.
1. AI Attributes: General Provisions
(a) AI Attributes have been computed under the parameters set out in Help Centre.
(b) 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.
(c) Subject to the delete and destroy obligations under this Agreement, the Licensee may store and use AI Attributes exported from the Website, an API or as provided by Nearmap for the Permitted Purposes only.
(d) 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.
(e) The G-NAF End User Licence Agreement published here are incorporated by reference and apply to the use of AI Attributes.
2. Specific Licensing Terms: Nearmap AI
(a) AI Attributes can be viewed through the Website within the Coverage Area.
(b) AI Attributes can be exported through the Website and/or through an API (if API Feature API is an included Product) in formats which may include geospatial file format and flat file format.
(c) AI Attributes for a defined area of interest of parcels can be exported up to the allocated Usage Allowance. Each time the Licensee selects an area of interest for export, it will be deducted from the Usage Allowance. Unused Usage Allowance will not be rolled over to the next Period.
(d) Where a selected area of interest exceeds the remaining Usage Allowance, the Licensee will be unable to request the export .
(e) Once the Licensee has used its Usage Allowance it will no longer be able to request an export unless it elects to purchase Top Up Blocks or until its Usage Allowance resets.
(f) Additional terms related to Usage Allowance are set out in the Help Centre.
3. Specific Licensing Terms: AI Packs
The type of AI Attributes that can be viewed and/or exported will depend on the AI Pack licensed by the Licensee. Full details of the data layers connected to a particular AI Pack can be found at the Help Centre. The type of AI Pack available to the Licensee will be set out in the Quote.
4. Specific Licensing Terms: AI Feature API
(a) Each time the Licensee exports AI Data through the AI Feature API, it will be counted towards the Licensee’s Usage Allowance allocated for the Nearmap AI product.
(b) 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 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.
(c) The AI Pack(s) licensed to the Licensee will determine what type of AI Data can be exported through the API.
5. Specific Licensing Terms: AI Offline Parcel, AI Offline Vector and AI Offline Raster
The type and frequency of AI layers to be provided to the Licensee will be set out in the Order Summary up to the Usage Allowance.
6. Definitions
(a) AI Attributes means the “AI layers” made available from the Website (which are not exportable) and the exportable “AI parcel” data.
(b) AI Data means the AI Attributes for a Query AOI.
(c) API means an application programming interface.
(d) Help Centre 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 thereto as published on our Help Centre.
(e) Order Summary means the “Order Summary” document provided by Nearmap to the Licensee.
(f) Query AOI means the user defined area of interest for a property boundary inputted by the Licensee such as a city block or an arbitrary shape.
(g) Top Up Block means additional Usage Allowance as measured by additional Parcels or Credits purchased by the Licensee during the Term.
(h) Usage Allowance for:
(i) Nearmap AI means the “Parcel” allowance as specified in the Quote, plus the aggregate Parcel allowance for purchased Top Up Blocks for that Period; and
(ii) AI Offline Parcel, AI Offline Vector or AI Offline Raster means the ”Credit” allowance as specified in the Quote, plus the aggregated Credit allowance for purchased Top Up Blocks for that period.
General Provision. The Nearmap Essentials Beta Product provides access to Nearmap’s Vertical imagery. The specifications for this Vertical imagery is published, as amended from time to time, on the Help Center.
No Periodic Allowance. Periodic Data Allowance will not apply to the use of the Nearmap Essentials Beta Product.
Restrictions. The Customer is strictly prohibited from mass downloading or bulk feeds of any imagery in connection with its use of the Nearmap Essentials Beta Product.
Renewal (Annual Plan). Where the Customer’s subscription contains an annual plan for the Nearmap Essentials Beta Product, the Product will not automatically renew. Renewal of this Product will be by mutual agreement between the parties.
Renewal (Monthly Plan). Subject to the terms of the Agreement and section 8 of these Product-Specific Terms, the Nearmap Essential Beta Product will automatically roll over on a month-to-month basis but will not automatically renew for a subsequent Subscription Term.
API Access. Except as expressly permitted under this Agreement, the Customer is not permitted to use API integration methods, or other integration methods, including but not limited to integration with the Customer’s or another third-party’s platforms or software.
Authorized Users. Access to the Nearmap Essentials Beta Product will only be granted to the Customer and its Authorized Users. Nearmap may, at its absolute discretion, require the Customer and its Authorized Users to comply with changes to the user login process made available through the Platform and any applicable restrictions relating to simultaneous user login.
Billing Period. Where the Customer purchases the Nearmap Essentials Beta Product on a monthly plan, the Fees will be billed monthly and in advance. For monthly plans, the Customer may elect to terminate the Agreement with effect from the next monthly billing period, provided that the Customer 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 Customer will continue to have access to the Platform up to the commencement of the next monthly billing period.
Definitions. For the purposes of these Nearmap Essentials Beta Product-Specific Terms,
a. 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 at: https://help.nearmap.com/.
b. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
General Provisions.
a. To access the Nearmap Fire Risk AI Product, the Customer must have an active subscription to the Transactional Content API.
b. The terms and conditions applicable to the Transactional Content API apply to the Customer’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 Center, which are subject to change from time to time at Nearmap’s absolute discretion.
Limitation of Liability.
a. Subject to as further set forth in 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 Customer’s use of the Nearmap Fire Risk AI Product.
b. The Customer 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 Customer through the Nearmap Fire Risk AI Product are provided “as-is”. The Customer should exercise caution and use its own judgment when relying on the Outputs and make independent assessments as necessary.
No Machine Learning. At all times, including after the expiration or termination of the Agreement, the Customer 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 Customer to run such models or processes independently without the use of the Nearmap Fire Risk AI Product and any AI Attributes.
Definitions. For the purposes of these Nearmap Fire Risk AI Product-Specific Terms,
a. AI Attributes means the “AI attributes” made available to the Customer as set out in Help Center.
b. 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 at:https://help.nearmap.com/.
c. Output means a wildfire risk factor assessment in CSV format or other formats made available by Nearmap and published on Nearmap’s Help Center from time to time.
d. 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.
e. Transactional Content API means Nearmap’s Transactional Content API Product.
Survey. During the Subscription Term, the Customer may request a survey of an area which is not covered (in its entirety or in part) by the Coverage Area (Survey). The Customer 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 Customer for a Survey Fee.
AOI. The Survey will only be carried out for the area of interest (AOI) as attached to the relevant Order Form issued for the Nearmap Now Product.
Delivery of Survey. Subject to section 1 of these Product-Specific Terms and section 14.2 (Force Majeure) of the Agreement, Nearmap will deliver the Survey to the Customer by uploading the Survey to the Platform within six (6) months of the date on which Nearmap receives payment of the Survey Fee in full from the Customer. Nearmap will notify the Customer in writing once the Survey has been uploaded to the Platform.
Availability to other Nearmap customers. Nearmap may, at its absolute discretion, allow other customers of Nearmap to access the Survey on the Platform.
Definitions. For the purposes of these Nearmap Now Product-Specific Terms,
a. Coverage Area means the Territory coverage as described in the Nearmap coverage map, as amended from time to time, located at: https://www.nearmap.com/coverage.
b. Order Summary means the Order Summary or similar document capturing the AOI for the Survey provided by Nearmap to the Customer.
c. Survey Fee means the fee for the Survey as agreed in writing between Nearmap and the Customer.
The Customer 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 the Help Center, which may be updated by Nearmap from time to time in its absolute discretion.
The Customer’s usage of the Nearmap Oblique for ArcGIS will be counted towards the Customer’s total Periodic Data Allowance.
For the purposes of these Nearmap Obliques for ArcGIS Product-Specific Terms,
a. 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 at: https://help.nearmap.com/.
b. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
In accessing and using the Nearmap on OpenSolar Product, the Customer agrees to comply with the OpenSolar User Terms and Conditions.
General Provision. The Nearmap Pro Beta Product provides access to Nearmap’s Vertical, Panorama, Oblique, 3D Viewer and True Ortho Products. The specifications for these Products are published, as amended from time to time, on the Help Center.
No Periodic Allowance. Periodic Data Allowance will not apply to the use of the Nearmap Pro Beta Product.
Restrictions. The Customer is strictly prohibited from mass downloading or bulk feeds of any imagery in connection with its use of the Nearmap Pro Beta Product.
Renewal (Annual Plan). Where the Customer’s subscription contains an annual plan, the Nearmap Pro Beta Product will not automatically renew. Renewal of this Product will be by mutual agreement between the parties.
Renewal (Monthly Plan). Subject to the terms of the Agreement and section 8 of these Product-Specific Terms, the Nearmap Pro Beta Product will automatically roll over on a month-to-month basis but will not automatically renew for a subsequent Subscription Term.
API Access. Except as expressly permitted under this Agreement, the Customer is not permitted to use API integration methods, or other integration methods, including but not limited to integration with the Customer’s or another third-party’s platforms or software.
Authorized Users. Access to the Nearmap Pro Beta Product will only be granted to Authorized Users. Nearmap may, at its absolute discretion, require the Customer and its Authorized Users to comply with changes to the user login process made available through the Platform and any applicable restrictions relating to simultaneous user login.
Billing Period. Where the Customer purchases the Nearmap Pro Beta Product on a monthly plan, the Fees will be billed monthly and in advance. For monthly plans, the Customer may elect to terminate the Agreement with effect from the next monthly billing period, provided that the Customer 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 Customer will continue to have access to the Platform up to the commencement of the next monthly billing period.
Definitions. For the purposes of these Nearmap Pro Beta Product-Specific Terms,
a. 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 at: https://help.nearmap.com/.
b. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
Nearmap Sync. Nearmap Sync connects MapBrowser to designated Platform Software and allows the Customer to view certain Products or Nearmap Data within MapBrowser during the Subscription 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 Customer’s use of GeoData Link in Nearmap Sync;
c. Delegated Authentication – The Product-Specific Terms for Delegated Authentication apply to the Customer’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 Customer, the deliverables of which could include, but are not necessarily limited to, code, scripts, and configuration files required for integration.
License to Platform Software. In order to use Nearmap Sync, the Customer must have an active license to Platform Software. The Customer is solely responsible for obtaining, maintaining, and complying with the terms applicable to its license to, and use of, Platform Software during the Subscription Term. Nearmap does not procure for or provide the Customer 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 Customer’s license to or use of Platform Software.
Periodic Data Allowance. The Customer’s use of Nearmap Sync is not subject to any Periodic Data Allowance. However, Periodic Data Allowance may apply to certain Products or Nearmap Data consumed via Nearmap Sync.
Definitions. For the purposes of these Nearmap Sync Product-Specific Terms,
a. GeoData Link means either GeoData Link for Government, GeoData Link for US, GeoData Link for AU, or GeoData Link for NZ, as applicable to Customer.
b. MapBrowser means a specific Nearmap Platform.
c. Nearmap Widget means the Nearmap technology that embeds Nearmap software and data and allows the Customer to access certain Products or Nearmap Data.
d. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
e. Platform Software means a third-party software product or platform that supports the integration of Products or Nearmap Data through Nearmap Sync.
Nearmap will provide to the Customer one (1) single local “on-premises” Offline Copy of a mutually agreed area of interest (AOI) as further described in the Order Summary.
The Offline Copy will be delivered to the Customer on a mutually agreed date or dates, or within a timeframe that is mutually agreed between Nearmap and the Customer. Where there is no mutual agreement, Nearmap will deliver the Offline Copy to the Customer no later than two (2) months from the commencement of the Subscription Term.
At all times, subject to weather conditions and air traffic control restrictions, Nearmap will use commercially reasonable endeavors to provide the Offline Copy in accordance with the technical specifications detailed in the Order Summary.
During the Subscription Term, the Customer may only use the Offline Copy for internal business purposes.
The single Offline Copy will only be provided for the then-current Subscription Term, but does not apply to any successive renewal Subscription Term unless expressly set out in the Agreement.
Definitions. For the purposes of these Nearmap Vertical Offline Copy Product-Specific Terms,
a. Offline Copy means the Nearmap Vertical Offline Copy Product.
b. Order Summary means the “Order Summary” or similar document capturing the AOI provided by Nearmap to the Customer.
AOI. Nearmap will provide the Customer with the Offline Products for the area of interests (AOI) outlined in the Order Summary.
Delivery. The Offline Products will be delivered to the Customer (in whole or in part), the later of, thirty (30) days from the date of the Agreement or thirty (30) days after the Published Date, with the exception of NIR Offline which will be delivered to the Customer (in whole or in part), the later of, sixty (60) days from the date of the Agreement or sixty (60) days after the Published Date. The Offline Products will be delivered to the Customer 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 Customer is not in breach of the Agreement, and Nearmap has not completed the delivery of the Offline Products in accordance with section 2 of these Product-Specific Terms, the Customer may cancel its purchase of the undelivered Offline Products via written notice, effective immediately. Where the Order Form only sets out the Customer’s purchase of the undelivered Offline Products, the written notice to cancel the undelivered Offline Products will automatically terminate the Agreement.
Commencement. The Subscription Term of the Agreement commences on the day the Customer first receives the Offline Products (whether in whole or in part) from Nearmap (Commencement Date). Nearmap will invoice the Customer on the Commencement Date and on the Anniversary Date for the Offline Products.
Updated Products. Throughout the Subscription Term (and any renewal Subscription Term), Nearmap will use commercially reasonable endeavors to inform the Customer if newer vintages of the Offline Products (Updated Offline Products) is available. Nearmap and the Customer will mutually agree on the timing for delivery and the Delivery Method for providing the updated Offline Product to the Customer. The Customer 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 Customer will not be provided access to the Offline Products via the Platform
No Machine Learning. For the avoidance of doubt, the Customer 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.
Renewed Agreement. If the Agreement is renewed for successive Subscription Terms, and subject to the Offline Products with the same AOI being renewed, the Customer may continue to use all previously delivered Offline Products until the Agreement terminates, for internal business purposes only.
Definitions. For the purposes of these Product-Specific Terms for Offline DEM, Offline DSM, Textured Mesh, Point Cloud, True Ortho and NIR Offline,
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, Offline True Ortho and/or NIR Offline as specified on the Order Form. For any avoidance of doubt, any references to “Products” in the Agreement also refers to the Offline Products.
e. Published Date means the date that the imagery, that comprises the Offline Products, is published on the Platform.
During the Subscription Term of the Agreement, the Customer is permitted to publish extracts of static imagery contained within the Product (Static Imagery) on the Customer’s public facing website subject to the following:
a. On a single domain (Customer Website);
b. Web map view only which includes but is not limited to ArcGIS Online (WebMap);
c. The extract of the Static Imagery that may be published must be in some way connected to the Customer and its ordinary course of business. For the avoidance of doubt, the Customer is expressly prohibited from publishing all Nearmap Data that may be accessible through the Product on the Customer Website and the Webmap;
d. No export tools for the Static Imagery are to be made available through the WebMap and/or the Customer Website;
e. The Static Imagery displayed must not be accompanied by drawing or measuring tools, unless expressly permitted in the Agreement;
f. The Customer must use online solutions for integrating the Static Imagery into the WebMap and/or to the Customer Website which are made available by Nearmap from time to time, which at the commencement of the Subscription Term is through an application programming interface for ArcGIS Online;
g. Where Static Imagery is displayed on the Licensee’s Website and WebMap, the Customer must acknowledge Nearmap in accordance with Section 2.2 of the Agreement;
h. The Customer is not restricted on the vintage of the Static Imagery which may be displayed on the Customer Website and Webmap;
i. The extracts of the Static Imagery displayed on the WebMap and/or the Customer Website should not be degraded, however, the zoom level of the Static Imagery is restricted to Level 20 (6 inch imagery resolution) or 1:564 Map Scale; and
j. It is the Customer’s sole responsibility to implement the zoom restriction set out in section 1(i) of these Product-Specific Terms.
The Customer must use commercially reasonable efforts to prevent its users from engaging in unauthorized use, access, and export of any Static Imagery through the Customer Website.
Rapid Appraisal Solution. Rapid Appraisal Solution (RAS) allows the Customer to access certain Products or Nearmap Data during the Subscription Term via designated CAMA Software. RAS is made up of the following Products: Nearmap Widget, GeoData Link for Government, and Delegated Authentication.
a. Nearmap Widget. The Products and Nearmap Data available through Nearmap Widget shall be determined at the sole discretion of Nearmap.
b. GeoData Link for Government. The Product-Specific Terms for GeoData Link for Government apply to the Customer’s use of GeoData Link for Government in RAS.
c. Delegated Authentication. The Product-Specific Terms for Delegated Authentication apply to the Customer’s use of Delegated Authentication in RAS.
License to CAMA Software. In order to use RAS, the Customer must have an active license to CAMA Software. Nearmap does not provide a license to CAMA Software. The Customer is solely responsible for obtaining and maintaining its license to CAMA Software during the Subscription Term. Nearmap is not responsible for any errors or omissions in any CAMA Software.
Government Licensee. Unless otherwise expressly approved by Nearmap in writing, the Customer must be a government, government agency, or appraisal district in order to use RAS. Government contractors assisting in appraisal-related activities (Government Contractors) may access and use RAS on behalf of the Customer, provided that:
a. The Customer permits Government Contractors to use RAS strictly to the extent necessary for the Government Contractors to provide the services to the Licensee; and
b. The Customer will be responsible for the acts or omissions of the Government Contractors under the Agreement.
Periodic Allowance. The Customer’s use of RAS is not subject to any PeriodicData Allowance. However, Periodic Data Allowance may apply to certain Products or Nearmap Data, as outlined in the Order Form, that are consumed via RAS.
Definitions. For the purposes of these Rapid Appraisal Solution Product-Specific Terms,
a. CAMA Software means a third-party Computer Assisted Mass Appraisal Software product or platform that supports the integration of Products or Nearmap Data through RAS.
b. Nearmap Widget means an embedded tool within CAMA Software through which the Customer may access certain Products or Nearmap Data.
c. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” column of the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
No Periodic Data Allowance. Periodic Data Allowance will not apply to the use of Transactional Content API Product.
Transactions.
a. Each time the Customer requests a Transaction, the associated Transactional Credit will be deducted from the Customer’s Transactional Credit Allowance.
b. Each time the Customer 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 Customer generated the request. Any request made by the Customer using the Active Transaction Token will be considered as a single Transaction.
c. The number of Transactional Credits required by the Customer to make requests via the Transactional Content API to access the Products or Nearmap Data, and the applicable Fees (including bundled Products or Nearmap Data), is reflected in the Pricing Table. Nearmap may update the Pricing Table, including the Products or Nearmap Data available via Transactional Content API, by providing thirty (30) days written notice(email to suffice) to the Customer.
d. The Customer may not consume Transactions that exceed its Transactional Credit Allowance during the Subscription Term.
e. Unless otherwise agreed by the parties in writing, any unused Transactional Credit Allowance will not be rolled over into a renewal Subscription Term.
API Update. Nearmap may, from time to time, retire an API, or provide, updates or new releases to the API for use by the Customer (API Update). Nearmap will provide thirty (30) days written notice (email to suffice) prior to the date of the API Update.
Definitions. For the purposes of these Transactional Content API Product-Specific Terms,
a. API means an application programming interface.
b. Coverage Request means the initial call to the Transactional Content API requesting specific Products or Nearmap Data for an area of interest, with Transactional Credits being charged when the initial call is made.
c. Periodic Data Allowance means the data allowance specified in the “Allowance” or “Annualized Estimated Usage” or similar column indicative of quantity in the Order Form, unless otherwise agreed in writing between Nearmap and the Customer.
d. Pricing Table means the table containing the number of Transactional Credits required to request specific Products or Nearmap Data that is accessed via the Customer’s account that may be updated by Nearmap from time to time.
e. Transaction means each time the Customer makes a Coverage Request through the Transactional Content API for Products or Nearmap Data.
f. Transactional Credits means the price for consuming Products or Nearmap Data as set out in the Pricing Table.
g. Transactional Content API means the API accessible by the Customer to access and obtain delivery of the Products or Nearmap Data.
h. Transactional Credit Allowance means the number of Transactional Credits the Customer has purchased or has been allocated as part of the Customer’s Nearmap subscription and is permitted to use during the Subscription Term, as specified in the Order Form, Agreement, or as otherwise agreed in writing between Nearmap and the Customer.
i. Transaction Token means the transaction identifier provided through the API for a Transaction that is used to consume Products or Nearmap Data.