Nearmap Agreement

(a) The licensee acknowledges and accepts that Nearmap is able to provide the characteristics and data of the product, is subject to its agreements with third parties: (b) replaces any agreement or prior agreement regarding anything related to that purpose. During the validity period, the licensee can contact Nearmap under support.nearmap.com with requests for assistance from the licensee. Nearmap cannot, however, guarantee that it will be able to resolve any problems raised by the licensee. Nearmap is not obligated to provide additional support to the licensee, but if Nearmap agrees, Nearmap may charge the licensee appropriate additional fees for the additional support made available to the licensee by Nearmap. 11.1 Nearmap uses all data provided by the licensee in accordance with Nearmap`s privacy policy, which is available under au.nearmap.com/legal/privacy. Website: all websites and sub-sites available in the domain Nearmap.com www.nearmap.com 2. Nearmap undertakes to provide the products to the licensee, subject to the terms of this Agreement, the Additional Terms and Conditions and the Offer which together form the legal agreement between the Licensee and Nearmap (agreement). Nearmap instructs Google to provide navigation and geolocation data as well as related content. In entering into the contract, the licensee accepts Google`s terms of use, as they apply to the licensee. www.google.com/enterprise/earthmaps/legal/us/maps_purchase_agreement_apac.html In the Use Clause of Nearmap 7.3, the derivative works refer to “the taker granting a non-exclusive right to the production and use of derivative works for lawful purposes,” with the definition of “authorized purpose” later defined, in order to exclude any “commercial purpose.” It is also said: “Unless nearmap is notified to the licensee, the licensee may continue to use derivative works after the end or expiry of this agreement.” While it is good that these derivative works may continue to be used at the end of the contract, the fact that “unless otherwise stated” is mentioned is problematic. It is not certain that these “otherwise declared” means, declared prior to the manufacture of the derivative works, are applied retroactively to derivative works. If the latter, as this goes against the terms OpenStreetMap, where no retrospective change of use can be applied.

In concluding the agreement, the licensee agrees to the following conditions of NASA/NCAS: (www.nearmap.com/Legal-Information/Copyright) (a) includes the entire agreement and agreement between the parties regarding everything related to the purpose of this agreement; And Nearmap commands Amazon Web Service, Inc. to provide services (AWS Services) that enable the delivery of products.