HomeMy WebLinkAboutPICTOMETRY INTERNATIONAL CORP GENERAL LICENSE TERMS AND CONDITIONS
PICTOMETRY INTERNATIONAL CORP.
GENERAL LICENSE TERMS AND CONDITIONS
THIS AGREEMENT is made as of the date set forth below (the "Effective Date") by and between Pictometry International, Corp., a Delaware
corporation with offices at 100 Town Centre Drive, Suite A, Rochester, NY 14623 ("Pictometry"), and Augusta, Georgia, a political subdivision of The
State of Georgia with its place of business at 530 Greene Street, Augusta, GA USA, 30911 (the "Licensee").
Intending to be legally bound, Pictometry and the Licensee (each a "party") hereby agree:
1. ARTICLE - DEFINTIONS for purposes of this Agreement:
1.1 "Pictometric Licensed Images" ("Licensed Images") means orthogonal and oblique digital images of portions of the earth's surface,
captured from airborne platforms using Pictometry's patented and proprietary hardware and software capture system.
1.2 "Community Images" ("CI") means a set of views, each covering an entire Image Sector. One view from directly overhead and other views
from different oblique angles.
1.3 "Neighborhood Images" ("NI") means a set of overlapping, orthogonal and oblique views blanketing the entire sector, providing for a
higher degree of detail than Community Images.
1.4 "Image Sector" means a portion of an image collection project and defined as approximately one square mile in area.
1.5 "Geographic MetaData" ("Metadata") means data supplied by Pictometry that is captured from airborne platforms using Pictometry's
patented and proprietary hardware and software capture system.
1.6 "Electronic Field Study" ("EFS") means a proprietary software and file structure package that allows for the display, navigation,
measurement, annotation and analysis of Pictometric Licensed Images.
1.7 "Pictometry Licensed Software" ("Licensed Software") means any proprietary software provided by Pictometry. This includes, but is not
limited to, programs such as EFS and Change Analysis and program modules such as 911 or GIS integration / interfaces.
1.8 "Image Warehouse" ("IW") means a hierarchical storage system of Pictometric Images, as well as data and elevation models, that allows
fast, random access by geo-location.
1.9 "Digital Elevation Model" ("DEM") means a general definition for a file containing ground elevation data. This may be a digital elevation
model, a digital terrain model, or a reflective surface model and is meant to encompass all means of production, including LIDAR and stereo
pairs.
1.10 "Licensed Documentation" ("Documentation") means written and/or electronic materials containing instructions and other information
related to the use of the Licensed Images and the Licensed Software.
2. ARTICLE - GENERAL
2.1 Licensed Products. This Agreement pertains to the particular Images described in Schedule A and attached to this Agreement (the "Licensed
Images"), the particular copies of the Software listed in Schedule A (the "Licensed Software"), the associated Metadata (the "Licensed
Metadata"), and the DEM described in Schedule A attached to this Agreement (the "Licensed DEM"), all of which, along with the
Documentation, are together referred to as the "Licensed Products." The terms and conditions of this Agreement may also apply to other
products or services that may from time to time be licensed from Pictometry by the Licensee.
2.2 System Installation. Pictometry shall install a copy of the Licensed Products on storage media either provided by Licensee or purchased from
Pictometry, as specified in Schedule A. With the assistance of Pic tome try, the Licensee will install the Licensed Products from that media onto
computers, including server computers. The Licensee will be responsible for assuring that the computer system being used for these purposes
will satisfy the minimum system requirements set forth on Schedule A. Licensee and its Authorized Subdivisions (as provided in Section 2.3)
may use and execute the Licensed Software for official purposes only.
2.3 Licensee May Authorize Subdivisions and Users. The Licensee may authorize any department, sub unit, or location within the Licensee
(hereinafter "Authorized Subdivisions") to have the Licensed Products installed on computers owned (or leased) and used by those Authorized
Subdivisions. The installation of the Licensed Imagery and EFS, and the training of the Licensee and Authorized Subdivision Personnel
("Authorized Users"), may be performed only by Pictometry or by the Licensee's employees who have received special training from
Pictometry. All Authorized Subdivisions and Authorized Users shall operate under this Agreement as agents of the Licensee and comply with
all obligations of Licensee with respect to the use and distribution of the Licensed Products, and Pictometry may look to the Licensee alone for
assuring compliance with the terms and conditions of this Agreement. Licensee agrees: (a) that it will not allow any persons other than
Authorized Users to use or operate, or to have any other access to, any of the Licensed Products (other than as described in Article 3.1 of this
Agreement), (b) that it will not allow access to any of the Licensed Software except through Licensee and Authorized Subdivisions
workstations, and (c) that it will cause all Authorized Users to comply with all of the terms, conditions, and limitations applicable to the
Licensee under this Agreement.
3. ARTICLE - GRANT OF LICENSE
3.1 License Grant, Uses and Certain Fees. In consideration for the payment of the License Fees provided for in Article 4 below, and subject to
the other terms and conditions of this Agreement, Pictometry hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive,
nontransferable, limited license (the "License") for the following:
(a) Installation. To install the Image Warehouse on servers and install related Licensed Products on workstations, all of which shall be owned
(or leased) by, shall be located on the owned or leased property of, shall be under the control of, and shall be used only by the Licensee or
by Authorized Subdivisions. None of the Licensed Products (except Licensed Images) shall be accessed except through such designated
servers and workstations.
(b) Documentation. To copy and use the related Documentation included in the Licensed Products in connection with the activities
described in this Section 3.1.
(c) Uses. Through Authorized Users only, to use and operate the Licensed Software on those designated servers and workstations in the
conduct of the public business of the Licensee, or of the Authorized Subdivisions, and to use the Licensed Products in the following
activities (and no others):
(I) For Internal Business. To use and execute the Licensed Products for internal pursuit of its or their public responsibilities.
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(2) For Persons Doing Business With Licensee ("Project Participants"). Under the supervision of Authorized Users, allow
representatives of persons doing business with the Licensee or an Authorized Subdivision on Licensee Projects (defined below)
to use and execute the Licensed Software at the Licensee's or Authorized Subdivisions' facilities only. For these purposes,
"Licensee Projects" shall mean any plan or effort, tangible or intangible, such as construction, real estate disposition, facilities
management, environmental studies, or public information brochures or notices used or to be used by the Licensee or an
Authorized Subdivision in pursuit of its public responsibilities. The Licensee or Authorized Subdivisions shall cause each
Project Participant to agree to use the hard copies (or jpg copies) of Licensed Images solely in connection with the Licensee's or
Authorized Subdivision's Project.
(3) For Public Use. Through Authorized Users only, to use and execute the Licensed Software solely for the purpose of making
hard copies and/or digital copies of Licensed Images for persons desiring them (which copies may contain annotations of
information stored in the Licensed Software and related to the property shown). Reproductions of individual (or limited
quantities of) Licensed Images using the Licensed Software, or reproduction or copying ofthe Licensed Images in any form by
any other means by Licensee or an Authorized Subdivision thereof, shall be permitted for distribution to Licensee's or
Subdivision's constituency. Licensee may charge reproduction fees or no fees to the persons or entities receiving the Images.
3.2 Limitations on License. Licensee agrees: (a) that nothing under this Agreement authorizes it to engage in any service bureau work, to exercise
or provide any multiple-user license, or to enter into any time-sharing arrangement, except as expressly authorized with respect to Authorized
Subdivisions, (b) that Licensee will not authorize or allow any remote access, by any unauthorized persons, to the Licensed Products except as
expressly provided in this Agreement for Licensee and Authorized Subdivisions workstations, (c) that Pictometry shall not be obligated to
revise, improve, or otherwise change the Licensed Software in any way, (d) that the Licensee is responsible for selecting Authorized Users who
are qualified to operate the Licensed Products on licensee workstations and are familiar with the Licensed Products and trained as provided in
Section 2.3, (e) that the Licensee and its Authorized Subdivision may not copy, download, store, publish, transmit, transfer, sell, or otherwise
install or use the Licensed Products (except for Licensed Images) in any form or by any means, except (i) as expressly permitted by this
Agreement, (ii) with Pictometry's prior written permission, or (iii) to the extent not expressly prohibited by this Agreement, as allowed under
the fair use provision of the Copyright Act (17 U .S.C. ~ 107). Licensee agrees that it will deliver to all recipients of any hard copies, and to
any other persons who may have access to any of the Images, all such disclaimers and other information so as to assist those persons in
understanding the limitations on the accuracy of the information developed through the Licensed Products. For purposes of this Agreement,
service bureau work shall be deemed to include, without limitation, use of the Licensed Products to process or to generate output data for the
benefit of or for purposes of, rendering services to, any third party over the Internet or other public communications medium.
3.3. Pictometry's Reserved Rights. Pictometry reserves the right, at its sole discretion and without liability to Licensee, to create new versions of,
or modules, with additional functionality for any part of the Licensed Products, which may be acquired on a nonexclusive basis by Licensee
under a separate agreement. Pictometry may, in addition, produce upgrades to enhance operations of the Licensed Products, which will be
supplied without additional cost to Licensee during the initial term of this License Agreement.
4. ARTICLE - LICENSE FEES
4.1 License Fees. In consideration for the License, and subject to the other terms and conditions of this Agreement, the Licensee hereby agrees to
pay to Pictometry the fees described on Schedule A (altogether the "License Fees") and payment shall be made as provided in Schedule A.
Any tax, including sales tax, is in addition to the License Fees and is the responsibility of the Licensee unless documentation of tax exemption
is provided to Pictometry. All License Fees shall be earned on the date Licensed Products are shipped. For the convenience of the Licensee,
the payment of these fees may be spread over the initial term of this Agreement as provided on the attached Schedule A.
5. ARTICLE - OBLIGATIONS OF LICENSEE
5.1 Geographic Data. If available, Licensee agrees to provide to Pictometry geographic data in industry standard format, shape, DBF, etc.,
including digital elevation models, street centerline maps, tax parcel maps, centroids, etc., which data, to the extent practicable, shall be
incorporated into the Image Library licensed to the Licensee. Licensee agrees that any of this data that is owned by the Licensee, may be
distributed by Pictometry with the Image Library that is used in the Pictometry On-Line product and in licensing the Image Library to other
licensees. At no time shall Pictometry claim ownership of that data.
5.2 Notification. Licensee will: (a) notify Pictometry in writing of any claim or proceeding involving any of the Licensed Products within ten (10)
days after Licensee learns of the claim or proceeding; and (b) report promptly to Pictometry all claimed or suspected defects in any Licensed
Product.
6. ARTICLE - ASSIGNMENT
6.1 General. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns,
but shall not be assignable by either party except as provided in Sections 6.2 and 6.3 below.
6.2 Assignment By Licensee. This Agreement will not be assignable by Licensee, and Licensee may not delegate its duties hereunder without the
prior written consent of Pic tome try.
6.3 Assignment By Pictometry. Pictometry shall have the right to assign its rights to receive License Fees under this Agreement, but no such
assignment shall affect Pictometry's obligations hereunder. In addition, Pictometry shall have the right to assign all its rights to any person or
entity, provided the assignee has assumed all of Pictometry's obligations under this Agreement. Except as provided above in this Section 6.3,
this Agreement will not be assignable by Pictometry.
7. ARTICLE - DURATION AND TERMINATION OF LICENSE
7.1 Initial Term. The initial term of this Agreement shall commence upon the shipment of substantially all of the Image Warehouse and the initial
term shall expire as indicated on Schedule A, unless the parties enter into a written agreement extending that initial term. At the end of that
initial term of this Agreement, and after all License Fees for the initial term have been paid, this License shall automatically convert to a
royalty-free, perpetual license and Pictometry shall allow the Licensee to keep, use, and operate the Licensed Products forever. Licensee's
obligations under this shall continue in perpetuity except for its obligations to pay License Fees. Pictometry shall have no obligations under
this Agreement unless Licensee has chosen to purchase additional Support, Upgrades and Maintenance for their Licensed Software. If
Licensee renews this License Agreement for an additional term, all support, upgrades and maintenance on Licensed Products under a perpetual
license shall be provided at no charge to Licensee during the term of the renewal. Effective as of the expiration of the initial term as provided
in Schedule A, Licensee will no longer be able to add images to the existing Image Library.
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7.2 Termination for Cause. This Agreement may be terminated by either party in the event that the other party has failed to perform a material
obligation or has otherwise breached a material term of this Agreement, and if that other party has failed to cure that failure or breach within
thirty (30) days after receipt of written notice thereof from the other party.
7.3 Effect of Termination. Upon termination of this Agreement as provided in Section 7.2 above, Licensee shall immediately cease any and all
further use of the Licensed Products and shall promptly purge all copies of the Licensed Products from all computers and workstations on
which any of them may be stored or available at the time. Within thirty (30) days of the date of termination of this Agreement, Licensee shall
also pay Pictometry all amounts, if any, due hereunder. The provisions of Articles 6, 7, 8, 9 and 10 of this Agreement shall survive any
termination of this Agreement.
8. ARTICLE - INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP
8.1 Licensed Products. The parties acknowledge and agree that Pictometry shall have and retain sole and exclusive ownership and all right, title,
and interest in and to any Licensed Images, Licensed Metadata, Licensed Software, Licensed DEM and Licensed Documentation provided
under this Agreement and all copyrights, patents, trademarks, trade names, logos, trade secrets, and other proprietary rights in or associated
with each of the Licensed Products (altogether the "Proprietary Rights"). Licensee agrees; (a) that it will never assert or claim any interest in,
or do anything that may adversely affect the validity of, or infringe on, or affect Pictometry's right, title, and interest in, any Proprietary Right,
and (b) that it will use reasonable efforts to protect the Proprietary Rights, including placing or maintaining all copyright, patent, and other
notices and other indications of Pictometry's ownership thereof on all Licensed Products and on all copies of Licensed Images and all other
property of Pictometry when instructed by Pictometry, and (c) that it will notify Pictometry promptly after learning about any actual or
suspected breach of any Proprietary Rights.
8.2 Use of Pictometry's Marks. Licensee agrees not to. attach any additional trademarks, trade names, logos or designations to any Licensed
Products or to any copies of any of the Licensed Images without prior written approval from Pictometry. Licensee may, however, include a
Licensee seal and Licensee's contact information so long as the seal and contact information in no way obscure or deface the Pictometry marks.
Licensee further agrees that Licensee will not use any Pictometry trademark, trade name, logo, or designation in connection with any product or
service other than the Pictometry Licensed Images and the other Pictometry Licensed Products. Licensee's nonexclusive right to use
Pictometry's trademarks, trade name, logos, and designations is coterminous with this Agreement.
8.3 Electronic and Other Publishing. Except as provided in Article 3.1 of this Agreement, Licensee is specifically prohibited from publishing
any Licensed Products (other than Licensed Images) in any way, whether separately or as part of any other publication. For these purposes,
publishing includes, making available on the Internet or World Wide Web or any other general access electronic network, method or medium.
8.4 Confidentiality of Licensed Products. The Licensed Products are commercially valuable, proprietary products owned by Pictometry, the
design and development of which reflect an investment of considerable time, effort, and money. The Licensed Products are treated by
Pictometry as confidential and contain substantial trade secrets of Pictometry. Licensee agrees that it will not disclose, provide a copy of, or
disseminate the Licensed Products (other than Licensed Images) or any part thereof to any person who does not need to obtain access thereto
consistent with Licensee's rights and obligations under this Agreement. Licensee agrees to use its best efforts to assure (a) that all its personnel,
and any others afforded access to the Licensed Products, will protect the Products against unauthorized use, disclosure, copying, and
dissemination, and (b) that access to the Licensed Products and each part thereof will be strictly limited. Licensee understands that Pictometry
does not disclose source code and Licensee agrees that it will take all reasonable actions to assure that persons who might access the Licensed
Software will not "unlock" or "reverse engineer" any part of the Licensed Software so as to find or uncover the source code or other trade
secrets included therein.
9. ARTICLE - LIMITED W ARRANTYj DISCLAIMER OF W ARRANTIESj LIMITED REMEDIES
9.1 Limited Warranties. Pictometry warrants that the Licensed Images and the Licensed Products installed by Pictometry on any Authorized
Workstation supplied by Licensee pursuant to this Agreement will be true and usable copies as of the date of capture. Upon notice to
Pictometry of any breach of that warranty, Pictometry will use its reasonable efforts to correct the problem so as to allow the Licensed
Products to produce Images and related data that are usable for the general purposes intended. The foregoing warranty is the sole and exclusive
warranty that Pictometry makes with respect to the Licensed Products, and the remedy set forth above is the sole and exclusive remedy for
breach of that warranty.
9.2 Disclaimer of Other Warranties. Except as provided in Section 9.1 above, EACH OF THE LICENSED PRODUCTS IS PROVIDED TO
LICENSEE "AS IS" AND "WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF
ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND
NON INFRINGEMENT, ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY.
9.3 Limitations and Exclusions of Remedies. The remedy set forth in Section 9.1 is the sole and exclusive remedy provided for breach of the
warranty given. With respect to any other claims that Licensee may have at any time against Pictometry on any matter relating to this
Agreement, or the installation, operation, design, distribution, or use of the Licensed Products, the total liability of Pictometry shall in the
aggregate be limited to the aggregate amounts of money that Licensee has paid to Pictometry under this Agreement. In addition, because of
scheduling and other considerations in preparing current Licensed Images, Pictometry cannot assure delivery of the Licensed Products on a
specified delivery date, and Pictometry shall not be liable for any such late delivery except in a case of its gross negligence or willful
misconduct. IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT
OF OR RELATED TO THIS AGREEMENT, THE LICENSED PRODUCTS, OR IMAGES (INCLUDING UNDER THEORIES
INVOLVING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS
OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE
OTHER PARTY OR BY ITS CUSTOMERS OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
9.4 Imagery Specifications. Ground Sample Distance ("GSD") may be affected by Air Traffic Control or terrain restrictions. Images shall have
an unobstructed view of the ground. In controlled airspace around airports (and other areas) and in areas of rapid elevation changes, the image
footprint sizes and resolutions may vary. There may be varying degrees of ground illumination and color variations due to lighting and cloud
shadows. Pictometry's Orthogonal images provide the coordinate accuracy fulfilling most planemetric requirements. Pictometry data, however,
are not intended for authoritative or definitive mapping or surveying replacement. If there is a need for authoritative mapping products,
additional work is required by licensed individuals in order to certify Pictometry's orthogonal imagery.
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10. ARTICLE - GENERAL
10.1 Entire Agreement. This Agreement, which includes the attached Schedules, contains the entire agreement between the parties and supersedes
all written or oral agreements, descriptions, representations, and understandings with respect to the subject matter hereof. Where differences
occur between the main body of the Agreement and the attached Schedules, the. Schedules shall supersede the Agreement. Licensee
acknowledges that it is not entering into this Agreement on the basis of any representations not expressly contained herein. Any modifications
of this Agreement must be in writing and signed by a duly authorized officer of each party.
10.2 Rights of Others. This Agreement is solely intended to provide rights to and be enforceable by Pictometry and Licensee (including its
Authorized Subdivisions). No other person shall acquire or enforce any rights or any representations or warranties given under this Agreement.
10.3 Waiver. The waiver by either party of any default by the other shall not waive subsequent defaults ofthe same or different kind.
10.4 Notices. All notices and demands hereunder shall be in writing and shall be delivered by personal service, mail, courier service, or confirmed
facsimile transmission at the address of the receiving party set forth below (or at such different address as may be designated by one party by
written notice to the other). All notices or demands by mail shall be sent by certified or registered United States mail, return receipt requested,
and all notices and demands shall be deemed complete upon receipt.
If to Licensee:
Company: City of Augusta. GA
Address: 530 Greene Street
Room 80 I
Fred Russell. City Administrator
Attention:
Email :
Phone:
If to Pictometry:
Company: Pictometry International, Corp.
Address: 100 Town Centre Drive, Suite A
Rochester, NY 14623
Michael 1. Neary
mike. nearv@oictometry.com
706-821-2400 Fax:706-821-2819
Attention:
Email:
Phone:
(585) 486-0093 Fax: (585) 486-0098
Company:
Address:
City of Augusta. GA
530 Greene 8t
Annex 101
Tameka Allen. Director of Information Technology
Attention:
Email:
Phone:
706-821-2522
Fax:
706-821-2530
10.5 Export Control. Licensee agrees to comply fully with the export laws and regulations of the United States Government with respect to the
Licensed Products supplied by Pictometry. Accordingly, Licensee agrees that all technical data, software, or other information or assistance
(other than publicly available information) furnished by Pictometry, and any product thereof, shall not be re-exported by Licensee, or its
authorized transferees, if any, directly or indirectly from the Untied States unless explicitly permitted by U.S. export control laws and
regulations. These obligations of the Licensee shall survive any satisfaction, termination, or discharge of this Agreement.
10.6 Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain
in full force and effect.
10.7 Force Majeure. Pictometry shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond
Pictometry's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, failure to obtain export licenses or shortages or delays of transportation, facilities, fuel, energy, supplies, labor or materials.
In the event of any such delay, Pictometry may defer the delivery of Licensed Products for a period equal to the time of the delay.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the latest of the signature dates specified below.
PICTOMETRY INTERNATIONAL, Corp.
By:
~:~enS~?A
Name: Deke Copenhaver
Name:
Title: E\lECuT\\JE:. V. p. Abm,t..l''ST1lAl1oJ
Title: Mayor
Address: 1 00 Town Centre Drive, Suite A
Address: 530 Greene Street
Rochester, NY 14623
07,.3/-01,
Date:
ATTEST:
Augusta, Ge~.~~~~-2r' ~~t;l~
~~~ .....~"-.\;...o.1.. Qf.I/) <(~\1
./;r'.~" ~Qri~'~.fi.~. 00 ~~
".Q ... ~., Co ~ .
""' " . ~ ~J. 'fi A
;' " ~'~{~~l) 1 I.:~::i~U'
\\ C\)t'A y~.~ tl.,lJ };vJ
\~~_~ "'~Q:;..~".~~o:J .#
'\~"I!. .r.!,. ..., ~ ..t(-"
,.,,~ ~\..., '.... ~.~ cn~J...~."J <~"
~x.~:~~.\..... _"~'''''~'''~~
Date:
Page 4 of5
Attachments:
Schedule A: Description of Licensed Products - Must be initialed by Licensee
Schedule B: EAP - Economic Alliance Partnership
Schedule C: Imagery Specifications (if attached)
Schedule D: Sectorized Map - Must be initialed by Licensee
NOTE: "Notices" information must be entered in Article 10.4 of this Agreement.
~
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SCHEDULE "A"
1. The following products shall be delivered to Augusta-Richmond County Georgia ("Licensee") by Pictometry International Corp.:
A. Licensed Images procured with a 11 megapixel camera (as listed below and also portrayed on the attached Schedule D -
Sectorized Map):
1) PREMIER Two Way Community Package (C3) covering 329 sectors of the Licensee as indicated on the attached map.
Premier Community Images are nominal 12" GSD.
Each sector will have approximately:
a. 8 Ortho-rectified images
b. 4 Oblique images and 4 additional Oblique images taken from the opposite direction. (if purchased below)
PREMIER Community Images (C3) to be taken when there is less than 30% leaf cover.
PREMIER Oblique
Less 50%
$ 25.00 per sector per year
$12.50
$12.50 @ 329 Sectors = $4112.50 per year
PREMIER Ortho
Less 50%
$13.00 per sector per year
$ 6.50
$ 6.50 @ 329 Sectors = $2138.50 per year
2) Four Way Neighborhood Images (N5) covering 329 sectors of the Licensee as indicated on the attached map. Each
sector will have:
a. Ortho-rectified images and mosaics (if purchased below)
b. Oblique images from four perpendicular directions (if purchased below).
c. ELITE Neighborhood Images will be taken when there is less than 30% leaf cover. If purchased below, each
sector will have approximately 52 Ortho-rectified Images, 1 meter mosaics covering the sectors shown below and 104
Oblique Images. Elite Neighborhood Images are nominal 4" GSD.
ELITE Neighborhood Oblique Image Price
Less 50%
$ 285.00 per sector per year
$ 142.50
$ 142.50 @ 329Sectors = $46,882.50 per year
ELITE Ortho-rectified Neighborhood Images
Less 50%
$ 19.00 per sector per year
LMQ
$ 9.50 @ 329 Sectors = $3125.50 per year
3) ArclMS Integration. Includes software, scripts and one (1) additional hour of support for the integration. Order
Form/Deployment Notice must be attached.
Integration for ONE Servers @ $595 per server = $595.00
4) Change Analysis Software
UNLIMITED Seat Licenses for ONE (1) Department = $ 5,000.00
(Cap of $5,000 for unlimited seats in one department QI a cap of $15,000 for unlimited seats in all departments)
5) ONE SET OF EXISTING IMAGERY OF AUGUSTA.RICHMOND FLOWN IN MARCH OF 2007. LICENSEE
SHALL PROVIDE ONE 750GB HARD DRIVE FOR DELIVERY OF THE EXISTING IMAGERY
CONFIDENTIAL
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Pictometry ~J)J Licensee~;(,0
01012008
6) Image Library Compression: A copy of Image Library which has been compressed. Library Compression is priced at
$2500 for 1- 50,000 images, $2500 for each additional 50,000 images or part thereof. Pictometry shall contact Licensee
for compression size and means of delivery.
_ONE_ Library Compression @ $2,500.00
7) ONE 2 KILOMETER PLATINUM 3-D MODEL: $11,900.00. ORDER FORM TO COME AT LATER DATE
8) Images are to be delivered with an image size of approximately 4-6 MB.
B. US Census Bureau TIGER line files of County Q!: a base map supplied by Licensee.
C. DEMS (Digital Elevation Models) - check one:
U.S.G.S Digital Elevation Models (DEMs) (provided by Pictometry)
XX OEMs in SHAPE FILE format (provided by Licensee).
Licensee DEMs must be provided to Pictometrv within 30 days of signing this agreement., or a re
processing fee may be char.god. Licensee agrees that to avoid reprocessing fees, Licensee DEMS
will be provided to Pictometry prior to the 2009 imag.e capture.
2. Documentation: Pictometry International Corp. shall furnish 1 digital copy of the Licensed Documentation for the Licensed Software.
3. Training: Pictometry International Corp. shall conduct two (2) End User orientation sessions, of up to 25 people per training session,
for employees of the Licensee or Authorized Subdivisions thereof at the Licensee's site. In addition there will be one (1) Advanced
User technical training for one group of up to 10 people using Licensee computers.
Optional Advanced Trainina Proaram. Pictometry Advanced Training (FutureView) is designed to provide the participants
with a better working knowledge of existing and new technologies as well as introducing partner integrations. This 3-day
annual training program is invaluable for Assessment, GIS. Public Safety, Environmental, Public Works and all other levels of
government. Each Advanced Training Package includes registration, hotel room for three nights, round-trip airfare and airport
transfers. Individuals must register for FutureView and indicate that their Training Package was pre-paid in their License
Agreement. Training Packages must be redeemed during the term of this agreement. (Air travel restrictions: 30 day advance
registration for airfare. continental US flights only)
_ All-inclusive Training Packages @ $2,165 = $
4. Telephone Support: Pictometry shall provide telephone support to the people who have completed the Advanced User Technical
Training and who are individually identified by Licensee.
5. Licensed Software: Pictometry International Corp. shall supply one copy of the Pictometry Electronic Field Study (EFS) software,
latest version, on the Storage Media supplied as specified herein. Licensee and Authorized Users may download updated versions
of the Licensed Software free of charge for a period of two years from the date of shipping, along with a copy of the updated
documentation.
6. Existing Imagery: Upon execution of this License Agreement, Pictometry shall deliver existing
imagery of the Augusta area as indicated on the attached Sector Map. Upon receipt of this
imagery, the Licensee shall remit a payment equal to Twenty-five percent (25%) of the first year
Fee. Payment of the balance of the first year fee shall be due 45 days after 2009 Image Library
shipment (see payment paragraph)
7. Annual License Fee of FIFTY SIX THOUSAND TWO HUNDRED FIFTY NINE Dollars ($ 56,259.00)
. This is the Annual License Fee for the Licensed Images, Licensed Software, Licensed Documentation and support.
. The initial duration of the License is two (2) years at the above Annual License Fee.
. At the end of this two (2) year term, Licensee is granted a Perpetual License for all Licensed Images and Licensed
Software at no additional cost.
. At the end of this License Term, Optional Support and Upgrades for Licensed Software may be continued by:
o Entering into a new license for new images, or
CONFIDENTIAL
Page 2 of 5
Pictometry !1J}j)Licensee ~t..f6
01012008
o Paying an annual Support and Maintenance Fee of 2.5% of the Total liCense Fee (up to a cap of
$2,495/year).
. Pictometry Economic Alliance Partnership (EAP) - Licensee shall be eligible for the Pictometry Economic Alliance
Partnership as outlined on Schedule B.
. The annual cost of the Images is fixed for a period of one (1) year from the date of this License Agreement.
8. LICENSEE SHALL PROVIDE TWO 750GB HARD DRIVES FOR THE PURPOSE OF PRODUCT DELIVERY. ONE
HARD DRIVE FOR THE MARCH 2007 EXISTING IMAGERY AND ONE HARD DRIVE FOR THE 2008 (NEW)
IMAGERY TO BE FLOWN
OR
Licensee will make available on Licensee Server enough disk storage space to accommodate the Licensed Products. This is
estimated to be _ GB in a NTFS file system (size may vary in other file systems). Licensee will also provide a 100 Mb/s
network link to the server. On delivery, the Licensed Images and Licensed Software shall be copied to.the Licensee server via the
network connection and Pictometry storage media shall either be returned to Pictometry or purchased from Pictometry.
9. Contingency Bank. Licensee has the option of contributing to a Contingency Bank. Monies are paid as part of this License and are
then available to obtain additional Pictometry Licensed Products during the term of this Agreement. These purchases shall be
ordered on Pictometry order forms and authorized by a Licensee's Authorized Signer. Upon shipment of the additional purchases,
payment shall be deducted from Licensee's Contingency Bank. At the end of the term of this agreement, any Contingency Bank
Dollars remaining shall be credited toward Licensee's Contract Renewal.
Licensee shall deposit
Dollars ($
) in Contingency Bank Dollars
10.Total Cost: The Total Cost of this License Agreement is ONE HUNDRED THIRTY TWO SIX HUNDRED THREE Dollars
($132,603.00) broken down as follows:
First Year
Annual License Fee
2KM Platinum Model
One compressed library
ArclMS Fee L 1_ servers)
Change Analysis Fee for Dept.
$ 56,259.00
$ 11,990.00
$ 2,500.00
$ 595.00
$ 5,000.00
First Year Total
$ 76.344.00
Second Year
Annual License Fee
Second Year Total
$ 56,259.00
$ 56.259.00
11. Taxes: All License Fees or other prices listed in this Agreement are exclusive of Federal, State and Local taxes. Licensee will
be responsible for any taxes due under this License Agreement, including slaes tax, unless a tax exempt certificate is submitted
to Pictometry.
12. Payment: The Licensee shall remit to Pictometry International, Corp. twenty-five percent (25%) of the First Year Total Fee
upon shipment of existing imagery and the balance of the First Year Total Fee within 45 days of shipment of all 2009 Licensed
Software and Images, as specified in this Schedule A. All shipping efforts by Pictometry International Corp. shall be coordinated
with the Licensee. Payment of the Second Year Total Fee shall be due on the one-year anniversary of this shipping date. It is
understood that the payment schedule is for the convenience of the Licensee. All monies are considered earned upon
shipment of the Image Library. Fees past due for 30 days shall be charged a late fee of 1.5% per month.
Payment Breakdown:
Down payment due at shipment of existing Image Library = $19,086.00
Amount Due on 2009 Image Library Shipment= $57,258.00
Amount due on one-year anniversary of 2009 Image Library Shipment = $56,259.00
CONFIDENTIAL
Page 3 of5
Pictometry I1J)J Licensee ~
01012008
13. Delivery Schedule: The image capture process and the delivery date may be affected by weather cenditions or aircraft
availability. Licensee will accept delivery within thirty (30) days of notification by Pictometry.
14. Recommended Minimum System Requirements for Electronic Field Study. A Pentium III with a 450 MHz processor, 256MB
memory minimum 512MB+ recommended, Windows 2000/XP, a video card with 4 MB memory capable of 1024 x 768
resolution, , display color of 24bit or higher, 100MS NIC and 50MB free disk space for software.
15. Modifications to License Agreement
A) The following change shall apply to Article 5.1:
Change "If available, Licensee agrees to" to "If available, and at Licensee's discretion, Licensee may"
B) The following shall be inserted into Article 7.1 and become the second sentence:
"Substantially all" is defined as all of the imagery less those images found to be missing or of unacceptable
quality, provided that the amount missing or of unacceptable quality does not exceed 5% of the total number of
images contractedfor that type of image (Two Way or Four Way) as indicated in Schedule A"
C) The following shall become the new Article 8.5:
"8.5 Georgia Open Records Act. Pictometry acknowledges that this Agreement and certain documentation
may be subjectto the Georgia Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Pictometry shall cooperate fully
in responding to such requests and shall make all records, not exempt, ayailable for inspection and copying as
required by law. It is Pictometry's intent that all Licensed Products and all elements of this License Agreement are
confidential and contain Proprietary Information. Pictometry shall notify Licensee immediately of any Open
Records request arising out of this contract and shall provide to Licensee a copy of any response to the same. In
turn, Licensee shall notify Pictometry, within ten (10) days, of any such request so that Pictometry can defend its
position."
D) The following shall become new Articles:
"10.8 Governing Law and Venue. This Agreement shall be goyerned by and construed in accordance with the
laws of the State of Georgia. All claims, disputes and other matters in question between the City and the
Vendor arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. Vendor, by executing this Agreement, specifically consents
to venue and jurisdiction in Richmond County, Georgia and waiyes any right to contest jurisdiction and
venue in said Court.
10.9 Pictometry Remote Access. IfPictometry requires remote access to Licensee's systems, then Pictometry
will sign a VPN Vendor Access Agreement with the Licensee, verifying that Pictometry will respect the
integrity of Licensee's network and security protocols. Access to Licensee's network through the frrewall
will only be granted after said agreement has been signed.
10.10 Performance Bond. A perfOlmance Bond shall not be required due to the fact that if Pictometry does not
perform as indicated in this License Agreement and schedules, the Licensee may terminate this License.
Iftel1ninated, Licensee shall cease use of all Licensed Products, pmge all Licensed Products from its
computers and return all Licensed Products to Pictometry. Upon receipt of such Licensed Products,
Pictometry shall return all monies paid by Licensee to Pictometry for this product.
10.11 Compliance with RFP. This contract will operate in accordance with Augusta, GA RFP 07-193 and any
item herein outside of such must be completed as in contract. Pictometry agrees to commence capture of
imagery in early 2009 and will ship the completed library within sixty (60) days after last capture date. eF
be subject to penalty clause. In case of conflict between the original RFP and this contract, this contract
shall supersede all previous or contemporaneous negotiations, commitments and writings with respect to
matters "set forth herein". It may only be modified in writing and must be signed by authorized
representatives of both parties.
16. Training and Support Services: Additional training and support services are available to Licensee at the then prevailing prices.
CONFIDENTIAL Page 4 of5 01012008
Pictornetry~Licensee~
SCHEDULE "B"
PictometTV Economic Alliance Partnership
1. Benefits
Imagery - with Pictometry's EAP program the Licensee shall keep its imagery forever, the EFS
Software license becomes perpetual at the end of the term of the license agreement.
EAP provides the benefits listed below:
A Revenue Share Opportunities for Licensee (all revenue to be applied as credits toward
Licensee's renewal):
· Pictometry will market imagery (without measuring or planning capabilities) on the internet
to consumers and rebate your county or state for images purchased of your area on. a 50/50
basis in the form of credits towards your next update.
B Disaster Coverage at No Additional Charge - Pictometry's proven background in rapid
response image capture, processing, and delivery is unmatched. Cities, Counties and States can
benefit from Pictometry's expertise. Pictometry will image affected areas of federally declared
disasters at no charge. However, there is no wait for a Federal Declaration under some of the
following circumstances:
· Hurricane Coverage at No Cost - Pictometry will capture and quickly deliver imagery of
affected areas of Category II hurricanes and above to your city, county or state at no
additional expense. Coverage for hurricanes below this category can be arranged at reduced
EAP rates.
· Tornado Coverage at No Cost - Pictometry will capture and quickly deliver imagery of
areas impacted by Tornados with ratings ofEF4 and above to your city, county or state at no
additional cost. Coverage for tornados below EF4 can be arranged at reduced EAP rates.
~ Terrorist Coverage at No Cost - Pictometry will capture and quicklydeliver imagery of
damage due to terrorist attack for up to 200 square miles at no additional cost.
Earthquake Coverage - Pictometry will image affected areas of Federally Declared Earthquakes
at no charge.
· Earthquake Coverage at No Cost - Pictometry will capture, process, and rapidly deliver
up to 200 square miles of georeferenced, oblique visual data at no additional cost for damaged
areas of Earthquake Disasters, which have been Federally Declared
Software - Change Analysis is available
· Free Pictometry Change Analysis™ - Pictometry's Rapid Response Program includes
our ready-to-use, patent pending Change Analysis software that was used in the aftermath of
Hurricane Katrina. This powerful software product simultaneously compares pre and post
disaster images to make recovery and restoration efforts more effective and efficient.
C Software Installation and Maintenance Costs - During the term of the Software License
Agreement, Pictometry shall provide Licensed Software to Licensee with no charge for upgrades,
maintenance or support. At the end of the term of the Software License Agreement, the license for
software becomes perpetual and Licensee may continue to use that software forever.
D Marketing - Pictometry will (only at your direction) market your GIS layers to its many business
clients and share that revenue with you on a 50/50 basis.
01012008
Dimensions and Resolution:
SCHEDULE "C"
Dil!ital Imal!erv Specifications
All values are approximates based on target height-over-ground. The actual values vary due to elevation changes.
Individual Images:
Premier Community Images
C5 Oblique (Nominal 12 Inch)
Footprint:
Front Line:
Back Line:
Front to Back:
Ground Sample Distance:
Front Line:
Middle Line:
Back Line:
3,700 feet (1128 meters)
5,100 feet (1554 meters)
4,600 feet (1402 meters)
0.9 feet/pixel (0.27 meters/pixel)
1.1 feet/pixel (0.34 meters/pixel)
1.3 feet/pixel (0.40 meters/pixel)
C5 Orthol!onal (Nominal 12 Inch)
Footprint: 3,600 x 2,400 feet (1097 x 731 meters)
Ground Sample Distance: 0.9 feet/pixel (0.27 meters/pixel)
Premier Community Images
C3 Oblique (Nominal 12 Inch)
Footprint:
Front Line:
Back Line:
Front to Back:
Ground Sample Distance:
Front Line:
Middle Line:
Back Line:
3, I 00 feet (975 meters)
6,300 feet (1524 meters)
6, I 00 feet (1311 meters)
1.0 feet/pixel (0.24 meters/pixel)
1.3 feet/pixel (0.30 meters/pixel)
2.0 feet/pixel (0.38 meters/pixel)
C3 Orthol!onal (Nominal 12 Inch)
Footprint: 4,000 x 2,700 feet (1219 x 823 meters)
Ground Sample Distance: 1.0 feet/pixel (0.31 meters/pixel)
Elite Community Images
Oblique (NominalS Inch)
Footprint:
Front Line:
Back Line:
Front to Back:
Ground Sample Distance:
Front Line:
Middle Line:
Back Line:
Orthol!onal (NominalS Inch)
Footprint:
Ground Sample Distance:
Standard Neighborhood Images
Oblique (Nominal 6.75 Inch)
Footprint:
CONFIDENTIAL
Not for distribution to third parties
3,000 feet (915 meters)
6,000 feet (1830 meters)
4,700 feet (1,433 meters)
0.8 feet/pixel (0.24 meters/pixel)
1.0 feet/pixel (0.30 meters/pixel)
1.5 feet/pixel (0.46 meters/pixel)
2,600 x 1,700 feet (793 x 518 meters)
0.6 feet/pixel (0.18 meters/pixel)
Page I of 4
01012008
Front Line:
Back Line:
Front to Back:
Ground Sample Distance:
Front Line:
Middle Line:
Back Line:
2,800 feet (853 meters)
4400 feet (1158 meters)
3700 feet (1128 meters)
0.7 feet/pixel (0.21 meters/pixel)
0.9 feet/pixel (0.27 meters/pixel)
1.1 feet/pixel (0.34 meters/pixel)
Orthoe:onal (Nominal 6.75 Inch)
Footprint: 2,220 x 1,480 feet (677 x 451 meters)
Ground Sample Distance: 0.6 feet/pixel (0.18 meters/pixel)
Premier Neighborhood Images
Oblique (Nominal 6 Inch)
Footprint:
Front Line:
Back Line:
Front to Back:
Ground Sample Distance:
Front Line:
Middle Line:
Back Line:
Orthoe:onal (Nominal 6 Inch)
Footprint:
Ground Sample Distance:
Elite Neighborhood Images
Oblique (Nominal 4 Inch)
Footprint:
Front Line:
Back Line:
Front to Back:
Ground Sample Distance:
Front Line:
Middle Line:
Back Line:
Ortho (Nominal 4 Inch)
Footprint:
Ground Sample Distance:
Sector Tiles:
2,500 feet (762 meters)
4000 feet (1220 meters)
3400 feet (1037 meters)
0.6 feet/pixel (0.18 meters/pixel)
0.8 feet/pixel (0.24 meters/pixel)
1.0 feet/pixel (0.30 meters/pixel)
2,000 x 1,330 feet (610 x 405 meters)
0.5 feet/pixel (0.15 meters/pixel)
1,400 feet (427 meters)
2,000 feet (610 meters)
1,800 feet (549 meters)
0.35 feet/pixel (0.11 meters/pixel)
0041 feet/pixel (0.12 meters/pixel)
0049feet/pixel (0.15 meters/pixel)
1,385 x 923 feet (422 x 281 meters)
0.35 feet/pixel (0.11 meters/pixel)
One-Meter Sector Tiles
Footprint: 5,280 x 5,280 feet (1,609 x 1,609 meters)
Pixel Size: 3.28 feet/pixel (1.0 meters/pixel)
Source Imagery: Community Orthogonal (12 and 9 inch) and/or Neighborhood Orthogonal (Premier and Standard)
Radiometry: Not radiometrically balanced, may have observable cut lines and could consist of imagery taken oyer
a period of several days.
File Size (Approx.): 8,000 KB (TIFF format)
One-Foot
Footprint:
Pixel Size:
Source Imagery:
Radiometry:
Sector Tiles
2,640 x 2,640 feet (805 x 805 meters)
1.0 feet/pixel (0.3048 meters/pixel)
Community Orthogonal (12 and 9 inch) and/or Neighborhood Orthogonal (Premier and Standard)
Not radiometrically balanced, may have observable cut lines and could consist of imagery taken over
a period of several days.
20,900 KB (TIFF format)
File Size (Approx.):
CONFIDENTIAL
Not for distribution to third parties
Page 2 of4
01012008
Six-Inch Quarter Sector Tiles
Footprint: 2,640 x 2,640 feet (805 x 805 meters)
Pixel Size: 0.5 feet/pixel (0.1524 meters/pixel)
Source Imagery: Premier Neighborhood Orthogonal and/or Neighborhood Orthogonal
Radiometry: Not radiometrically balanced, may have observable cut lines and could consist of imagery taken over
a period of several days.
File Size (Approx.): 83,500 KB (TIFF format)
Custom Ortho-Mosaics:
Pictometry can create custom ortho-mosaics based on the resolution of the imagery captured. Ifa custom ortho-mosaic is
desired, the full specifications will be spelled out in a separate addendum. It is important to note that while the ortho-mosaic can
be created at any pixel resolution, up or down, creating an ortho-mosaic with a pixel size smaller than the ground sample
distance of the input imagery will not contain any more information than the resolution of the input imagery. In other words, if
you create a six-inch ortho-mosaic from one-foot imagery, even though the pixels will be six-inch, the overall image data
resolution will still only be one-foot. For this reason, it is important to ensure the base imagery purchased meets or exceeds the
resolution requirements of any ortho-mosaics you need. Under-sampling, for instance creating a one-foot ortho-mosaic from six-
inch resolution imagery, is not a problem and generally produces very good results.
Pictometry also has licensed partners who can create an ortho-mosaic product that can be certified to a particular accuracy. In
general, ortho-mosaics from Pictometry's neighborhood orthogonal imagery can meet NMAS I: 1200 (l.O-meter RMS error at
95% confidence interval) in relatively flat terrains or areas with good elevation data. For areas with highly variable terrain or
areas with poor elevation data, this number generally drops to NMAS 1:2400 (2.0-meter RMS error at 95% confidence interval).
Certified ortho-mosaics can be created from Pictometry's community orthogonal imagery, but only under certain capture
parameters. As such, it is important to include any custom ortho-mosaic requirement with the image capture requirements such
that the community orthogonal imagery can be captured in a way consistent with certification requirements.
General Specifications:
Orthoeonal Imaees
Sensor Size Pixels: 4008 x 2672 (or 3208 x 2672 for some Community level imagery) in a Landscape
orientation.
Image Format Industry-standard image format with proprietary image trailer, including JFIF (JPEG), TIFF, and
BMP.
Image Quality Images will have an unobstructed yiew of the ground. In controlled airspace around airports, etc.,
and in areas of rapid elevation changes, the image footprint sizes and resolutions may vary. There
may be varying degrees of ground illumination and color yariations due to lighting and cloud
shadows.
Measurement Accuracy <0.5% measurement error, excluding user pixel selection error
Pixel Placement Accuracy Pictometry provides a visualization system and therefore does not certify image accuracy.
However, some Pictometry customers have done their own certification on the Pictometry data
after delivery and have shared their results. On average, customers have been seeing better than
I.O-meter RMS error at a 95% confidence level (NMAS I: 1200) for orthogonal imagery over
relatiyely flat terrain or in areas with accurate elevation data, and 2.0-meter RMS error at a 95%
confidence level (NMAS I :2400) for more varied terrain or in areas with poor elevation data.
However, Pictometry does not guarantee these accuracies and your results may vary.
Sensor Orientation Pictometry utilizes an IMU (Inertial Measurement Unit), ground station post-corrected
differential GPS, and Kalman filtering to achieve a high degree of positional and directional
accuracy.
Sensor Positional Accuracy mean 15cm absolute
Sensor Directional Accuracy 0.015 degrees absolute (roll/pitch)
0.035 degrees absolute (heading)
Ortho-Rectification
The images are ortho-rectified to back out the optical deviations of the capture system and the
variations due to elevation changes (utilizing the best DEM data ayailable, including customer
provided DEM data), resulting in geographically square pixels aligned to a rectilinear grid. This
Page 3 of4 01012008
CONFIDENTIAL
Not for distribution to third parties
grid can be one of any number of coordinate systems, including Latitude/Longitude, State Plane,
UTM, and more. The desired coordinate system should be specified in the contract, or a default
coordinate system will be used.
Image Export
Image Tiling
JFIF (JPEG), TIFF, BMP
EFS software can be utilized to export the images into any of the aboye industry-standard
formats. The orthogonal images can optionally be re-projected during this export process, and an
associated geography file can be created as weB for use in importing the images into GIS
mapping software.
Individual orthogonal images are edge-feathered and mosaiced to produce orthogonal image tiles
with tile sizes selected to balance single image coverage as weB as manageability of open images.
These orthogonal tiles provide continuous coyerage across the area of interest. While some color
balancing is done, these orthogonal tiles are not fully radiometrically balanced or edge-matched.
Oblique Imae:es
Sensor Size Pixels: 4008 x 2672 (or 3208 x 2672 for some Community level imagery) in a Landscape
orientation.
Image Format Industry-standard image format with proprietary image trailer, including JFIF (JPEG), TIFF, and
BMP.
Image Quality Images will have an unobstructed yiew of the ground. In controlled airspace around airports, etc.,
and in areas of rapid elevation changes, the image footprint sizes and resolutions may vary. There
may be varying degrees of ground illumination and color variations due to lighting and cloud
shadows. Due to the nature of oblique aerial photography, there may also be artifacts such as haze
and glint and glare caused by reflected sunlight.
Measurement Accuracy <0.75% measurement error, excluding user pixel selection error
Pixel Placement Accuracy Pictometry provides a visualization system and therefore does not certify image accuracy.
However, some Pictometry customers have done their own certification on the Pictometry data
after delivery and haye shared their results. On average, customers have been seeing better than
2.0-meter RMS error at a 95% confidence level (NMAS I :2400) for oblique imagery over
relatively flat terrain or in areas with accurate elevation data, and 4.0-meter RMS error at a 95%
confidence level (NMAS I :4800) for more varied terrain or in areas with poor elevation data.
However, Pictometry does not guarantee these accuracies and your results may vary.
Sensor Orientation Pictometry utilizes an IMU (Inertial Measurement Unit), ground station post-corrected
differential GPS, and Kalman filtering to achieye a high degree of positional and directional
accuracy.
Sensor Positional Accuracy mean 15cm absolute
Sensor Directional Accuracy 0.015 degrees absolute (rolVpitch)
0.035 degrees absolute (heading)
Image Export
JFIF (JPEG), TIFF, BMP
EFS software can be utilized to export the images into any of the aboye industry-standard
formats.
Notes
1.
2.
The existing National Map Accuracy Standards focus on conventional analog aerial photography products. When used for
digital mapping products, it is necessary to specify the approximate image scale (e.g. I: 1200) when stating NMAS requirements.
Pictometry's orthogonal images provide the coordinate accuracy fulfilling most planemetric requirements, however, Pictometry
data is not intended for authoritatiye defmitive mapping or surveying replacement. If there is a need for authoritative mapping
products, additional work is required by licensed individuals in order to certify Pictometry's orthogonal imagery. Alternatively,
a separate, authoritative orthogonal image capture can be done and those orthogonal images used inside of Pic tome try. Our
oblique images are unique to Pictometry and are intended to provide data not ayailable elsewhere and lateral views with more
visual information, such as building stock analysis. In Pictometry the orthogonal and oblique images are linked for your
convenience and additional study. With a few clicks you can find the revealing lateral views, height measurements, and other
information afforded by the oblique images while using the coordinate accuracy afforded by the orthogonal images.
CONFIDENTIAL
Not for distribution to third parties
Page 4 of 4
01012008
Licensee Initial c..~~0
SCHEDULE "D"
Sector Map
01012008
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