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This Agreement is entered into by and between the County of Ramsey,
through its Property Records and Revenue department, hereinafter
referred to as “County,” and (insert full legal name and mailing
address of subscriber) hereinafter referred to as “Subscriber.”
W I T N E S S E T H:
WHEREAS, the County has compiled databases relating to certain
property tax and real property records maintained by the County; and
WHEREAS, the County may charge a reasonable fee for providing access
to databases having a commercial value; and
WHEREAS, the Subscriber wishes to directly access certain electronic
databases made available to Subscriber pursuant to the terms and
conditions set forth in this Agreement below.
NOW, THEREFORE, in consideration of the mutual covenants and promises
between the parties set forth herein, it is hereby agreed that:
I. COUNTY DATABASE ACCESS
A. License
The County grants the Subscriber a nonexclusive, nontransferable,
limited license to access certain Property Records and Revenue
databases during the term of this Agreement. This software access
license includes the right to view and print insubstantial portions of
data for the sole use of the Subscriber and does not grant the
Subscriber the right to store or download any of the County’s data.
The Subscriber may not create additional copies of material printed
from the County’s database and may not distribute materials gained
from the County’s database to third parties without the prior
written approval of the County.
B. Limitation of License
Neither the data nor any portion thereof may be copied, downloaded,
stored, published, transmitted, transferred, sold or otherwise used,
in any forms or means, except (1) as expressly permitted herein; (2)
with the County’s prior written permission; or (3) if not otherwise
expressly prohibited by this Agreement, as allowed by the Fair Use
Provision of the United States Copyright Act, 17 U.S.C. § 107, and
the Minnesota Data Practices Act, Minn. Stat. Ch. 13. Subscriber shall
not download nor store the County’s data in a searchable database
except as provided by the terms of this Agreement. Subscriber shall
not sell or license County’s data (including printouts of the County’s
data) to third parties or use substantial portions of the County’s
database as material offered for sale or license. The County
acknowledges that the subscriber’s “regular course of business”
includes using the information provided by the County in the
preparation of title searches, title work, title abstracts, and title
insurance; all of which will be prepared and/or furnished for resale
to the subscriber’s customers.
C. Rights and Data
Except for the license granted herein, all rights, title, and interest
in data, and all languages, formats, and media throughout the world,
including all copyrights therein, are and shall continue to be the
exclusive property of the County.
D. County Charges
Charges payable by the Subscriber for access to and use of the County’s
databases described in this Agreement are available in the subscriber
information. The County’s charges for this service may be
modified upon thirty (30) days’ notice to the Subscriber in writing
or on-line.
E. Disclaimer of Warranties and Limitation of Liability
The County’s goods and services provided pursuant to this Agreement
are provided “as is,” without warranty of any kind, express or
implied, including, but not limited to, the warranties of performance,
merchantability and fitness for a particular purpose. Subscriber’s
exclusive remedy and the County’s entire liability hereunder, if
any, for any claim(s) for damages relating to the County’s databases
or data which are made against them, individually, or jointly, whether
based in contract or negligence, shall be limited to the amount of
database access charges paid by the Subscriber relative to the period
of occurrence of the events which are the basis of the claim(s);
provided, however, that the County shall have no liability whatsoever
to the Subscriber for any claim(s) relating in any way to (1)
Subscriber’s inability or failure to perform legal, professional, or
other research or related work or to perform such work properly or
completely, even if assisted by the County; or (2) any lost profits or
other consequential, exemplary, incidental, indirect or special
damages relating in whole or in part to the Subscriber’s rights
hereunder or use of, or inability to use, the County’s databases or
data, even if the County has been advised of the possibility of such
damages. Further, the County shall have no liability whatsoever to the
Subscriber for any claim(s) relating in any way to any database or
data.
F. Confidentiality
The Subscriber agrees not to disclose any information relating to the
Subscriber’s username, password, or any other information relating
to the County’s computer security system. Any violation of this
section by the Subscriber shall constitute a material breach of this
Agreement.
G. Access
The County shall maintain the right to deny, postpone, or cancel
access at any time and without prior notice. Such termination of
access will not constitute a material breach of this Agreement if the
customer’s access is reinstated within a reasonable period of time.
II. SOFTWARE AND EQUIPMENT FOR INTERNET ACCESS
Subscriber’s Equipment
Subscriber’s access to the County’s databases shall be made via
the Internet. Subscriber is responsible for providing and maintaining
all hardware, software, modem, telephone access, and all other
equipment required to access RRInfo.
III. GENERAL PROVISIONS
A. Billing and Payment
Prior to the activation of subscription accounts, payment will be
received and accounted for. We offer immediate access to the County
subscription service through E-Pay our electronic payment system. We
offer electronic credit card or electronic check payments.
Alternately, you may pay by purchase order or check.
B. Taxes
Charges are exclusive of sales, use and other taxes, which are the
responsibility of the Subscriber.
C. Responsibility of Subscriber
Subscriber shall be responsible for all access to and use of the
County’s databases and data by Subscriber’s personnel or by means
of Subscriber’s equipment or passwords, whether or not Subscriber
has knowledge of or authorized such access and use.
D. Limitation of Claims
Except for claims relating to charges or improper use of the County’s
databases or data, no claim, regardless of form, which in any way
arises out of this Agreement or the use of, or inability to use the
County’s databases or data, may be made nor action based upon such
claim brought, to any party hereto more than one year after the basis
for the claim becomes known to the party desiring to assert it.
E. Termination
This Agreement shall continue in force until terminated by prior
written notice of termination to the other party. Notwithstanding the
foregoing, this Agreement may be terminated at any time by the County,
with or without cause, upon written notice or by the Subscriber.
Subscriber may terminate this Agreement, with or without cause, upon
thirty (30) days’ written notice to the County.
F. Integrated Agreement
This Agreement contains all of the terms and conditions agreed on by
the parties hereto, and no other agreements, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
G. Representations
No representations not set forth herein have induced the making of
this agreement. The undersigned have read and understand the entire
contract and now state, and in consideration of this Agreement agree,
that no representation, promise, or agreement not expressed in this
Agreement has been made to induce the undersigned to enter into it.
H. Amendments
All materials alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in
writing and duly executed by authorized representatives of the
parties. Any alterations, modifications, or variations deemed not to
be material by agreement of the parties shall not require written
approval.
I. Force Majeure
The County’s performance hereunder is subject to interruption and
delay due to causes beyond its reasonable control such as acts of God,
acts of any government, war or other hostility, civil disorder, the
elements, fire, explosion, power failure, equipment failure,
industrial or labor dispute, inability to obtain necessary supplies,
and the like.
J. Governing Law and Venue
This Agreement shall be governed by and construed under the laws of
the state of Minnesota and any legal actions taken pursuant to the
terms and conditions of this Agreement shall be venued in state
district court.
K. Assignment
Neither this Agreement nor any part or portion hereof shall be
assigned, sublicensed, or otherwise transferred by Subscriber without
the County’s prior written consent.
L. Savings Clause
Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a court, the validity and enforceability
of the other provisions shall not be affected thereby.
M. Nonwaiver
Failure of any party to enforce any provision of this Agreement shall
not constitute or be construed as a waiver of such provision or of the
right to enforce such provision.
N. Incorporation
Attachments A is incorporated verbatim as a part of this Agreement.
O. Notices
All notices hereunder shall be delivered in person or by United States
mail to the following:
Ramsey County Property Records and Revenue
90 West Plato Blvd., St. Paul, MN 55107
RRInfo SUBSCRIBER AGREEMENT
The County, at its sole option, may terminate or interrupt direct
access to its databases at any time, without prior notice, and for any
reason.
The subscriber is allowed access to RRInfo County databases 24 hours a day,
however new information is only uploaded nightly and is available the following
calendar day.
Subscriber hereby agrees to pay the County the agreed to fee during
which the Subscriber accesses the County databases. The fee is payable
for each concurrent user.
Payments shall be made in advance for the following subscription
terms. Service will be discontinued unless payment is received prior
to the subscription period. Each successive period thereafter shall
commence on a monthly, bi-annual, or annual fee.. Fees are payable for
each month for which the service is provided beyond the trial period.
In the event that services are terminated pursuant to the terms of
this agreement, subscribers shall be offered a refund for prepaid user
fees for each full month remaining in the subscription term.
