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DNR Data License Agreement

IMPORTANT – READ THESE TERMS CAREFULLY BEFORE USING THIS DIGITAL DATA. THE DEPARTMENT OF NATURAL RESOURCES (DNR) IS WILLING TO LICENSE THIS DIGITAL DATA TO YOU ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED HEREIN, THEN DNR IS NOT WILLING TO LICENSE THE DIGITAL DATA TO YOU AND YOU MUST RETURN THE DIGITAL DATA TO DNR.

This License Agreement is between the State of Washington acting through the Department of Natural Resources (DNR) and the user (referred to as "licensee" or "you") and gives you certain limited rights to use the digital data. By accepting the terms of this License Agreement and using this digital data you warrant you are an authorized agent or the principal and have the capacity to enter into this Agreement on behalf of the entity you represent.

PROTECTION OF PROPRIETARY RIGHTS
The Licensee acknowledges that pursuant to this Agreement it obtains only the right to use the data consistent with this Agreement and that no right, title, or interest in or to any copyrights, trademarks, or other proprietary rights relating to the data is transferred or licensed from DNR to Licensee.

Licensee shall not remove, alter, cover, or disguise any acknowledgements, copyright notice, trademark, or other proprietary rights notice placed by DNR on the data or any portion thereof. Licensee shall comply with directions submitted by DNR from time to time regarding the form and placement of proprietary rights notices on the product, or any portion thereof.

1. Disclaimer
This digital data and metadata, (hereinafter collectively referred to as the "information"), are provided on an "AS IS", "AS AVAILABLE" and "WITH ALL FAULTS" basis. Neither Department of Natural Resources nor any of its officials and employees makes any warranty of any kind for this information, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose, nor shall the distribution of this information constitute any warranty.

The information is collected from various sources and will change over time without notice. DNR and its officials and employees assume no responsibility or legal liability for the accuracy, completeness, reliability, timeliness, or usefulness of any of the information provided nor do they represent that the use of any of the information will not infringe privately owned rights.

The information is not intended to constitute advice nor is it to be used as a substitute for specific advice from a licensed professional. You should not act (or refrain from acting) based upon the information without independently verifying the information and, as necessary, obtaining professional advice regarding your particular facts and circumstances.

References to any specific commercial product, process, and service by trade name, trademark, or manufacturer do not constitute or imply endorsement, recommendation, or favoring by DNR and its officials and employees.

2. Grant of License
DNR grants you a nonexclusive, nontransferable license to use the digital data with which this license is distributed, on a single server, personal computer, or network system internal to your operation, and to make backup copies of the digital data provided that: (i) all applicable copyright notices, and "read.me" files(s) must be maintained with the digital data provided; and (ii) you agree to be bound by the terms of this License Agreement. The digital data shall be used only by you, only for you, only for your own personal or internal business use and not in the operation of a service bureau, or for Internet distribution.

3. Ownership
You have no ownership rights in the digital data. Rather, you have a license to use the digital data as long as this License Agreement remains in full force and effect. Ownership of the digital data and all intellectual property rights therein, if any, shall remain at all times with DNR.

4. Copyright
The digital data may contain material that is protected by the United States Copyright Law and by international treaty provisions. All rights not granted to you herein are expressly reserved by DNR. You may not remove any proprietary notice of DNR from any copy of the digital data.

5. Permitted Uses
If you obtain a DATA RELEASE from DNR, you may distribute the digital data as a derivative work if substantial value has been added; however, DNR reserves the right to determine whether substantial value has been added. A DATA RELEASE requires submission of the proposed work to DNR for their review and written permission (see Section 11, Contacting DNR).

Any copyrighted portion of the digital data used in derivative works shall continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright attribution notice acknowledging DNR's proprietary rights in the digital data: "Portions of this document include intellectual property of the Department of Natural Resources and are used herein by permission. Copyright 200_ Washington State Department of Natural Resources. All Rights Reserved."

6. Restrictions
You shall not sell, rent, lease, sublicense, lend, assign, timeshare, or transfer in whole or in part, or provide unlicensed third parties access to prior or present versions of the digital data, unless DNR gives written consent.

7. Limitation of Liability
IN NO EVENT WILL DNR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE DIGITAL DATA, EVEN IF DNR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to DNR all copies of the digital data in your possession or under your control, including backup and archival copies. DNR may terminate this License Agreement for any reason, including but not limited to, your violation of any of the terms of this License Agreement. Within 30 days of notification of termination, you agree to return the original digital data to DNR and certify in writing that all known copies of the digital data, including backup and archival copies, have been destroyed. All provisions relating to proprietary rights and transfer prohibitions shall survive the termination of this License Agreement.

9. No Waivers
No failure or delay by DNR in enforcing any right or remedy under this License Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by DNR.

10. Order of Precedence
Any conflict between the terms of this License Agreement and any other form of agreement or terms shall be resolved in favor of the terms expressed in this License Agreement.

11. Contacting DNR
To contact DNR to report problems with the data or to request a DATA RELEASE, please refer to the metadata. Contacts are generally listed within the metadata for each dataset. To inquire about established data partnerships or for further questions about the data distribution process, please e-mail DataServices@wadnr.gov.

12. General
This License Agreement shall be construed, interpreted and governed by laws of the United States of America and the State of Washington without regard to the conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be the state court sitting in Thurston County, State of Washington, USA.

This License Agreement shall constitute the entire agreement between the parties hereto, pertaining to the use of the digital data.

In the event any of the provisions on this License Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be eliminated or limited to the minimum extent necessary so this License Agreement shall otherwise remain in full force and effect.

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If you choose to accept the license agreement enter your name, e-mail address, organization and the type of user you are, then click on "Accept License Agreement". We keep records of data distribution in order to serve you better. The information you provide will be used solely for our records.

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