READ CAREFULLY BEFORE USING THE LAKE COUNTY GEOGRAPHIC INFORMATION SYSTEMS DATA
LAKE COUNTY, INDIANA IS WILLING TO PROVIDE YOU ACCESS TO ITS GEOGRAPHIC INFORMATION SYSTEM (CIS) DATA ON A LIMITED BASIS ONLY
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DATA USAGE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE LAKE COUNTY GEOGRAPHIC INFORMATION SYSTEM DATA. BY MAKING USE OF THE PROVIDED DATA, YOU ARE INDICATING YOUR ACCEPTANCE OF THE LAKE COUNTY LIMITED DATA USAGE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED, THEN LAKE COUNTY IS UNWILLING TO ALLOW ACCESS TO THE GEOGRAPHIC INFORMATION SYSTEM AND USAGE OF THE DATA. IN SUCH A CASE. ALL ACCESS MUST CEASE AND ALL DATA PRODUCTS MUST BE RETURNED TO THE OFFICE OF THE LAKE COUNTY SURVEYOR IMMEDIATELY.
LAKE COUNTY, INDIANA LIMITED DATA USAGE AGREEMENT
This is a limited data usage and access agreement, and not an agreement for sale, between the end user and Lake County, Indiana, located at 2293 N. Main Street, Crown Point, Indiana 46307. This Limited Data Usage Agreement gives the end user certain limited rights to use the GIS data and data products. All rights not specifically granted in this data usage agreement are reserved to Office of the Lake County Surveyor.
Lake County reserves exclusive data ownership and the right to grant usage and access rights to the Lake County GIS data and data products. Lake County hereby grants to the end user a personal, nonexclusive, nontransferable license to use the data and data products based on the terms and conditions of this Agreement. The end user agrees to use reasonable efforts to protect the data and data products from unauthorized use, reproduction, distribution, or publication.
Proprietary Rights and Copyright
The end user acknowledges that the GIS data and data products contain proprietary and confidential property of Lake County. The data and data products are owned by Lake County and are protected by United States copyright laws and applicable international copyright treaties and/or conventions.
Permitted Uses
The end user may install the data onto permanent storage device(s) and reproduce a corresponding number of copies of the data for end user's own internal use.
. Limited Data Usage Agreement
. The end user may modify the data provided by Lake County and/or merge other data sets with the data and thereby produce derivative data. Derivative data will continue to be subject to the terms and conditions of this Agreement. Derivative data must be provided back to the Office of the Lake County Surveyor in digital form.
. The end user may merge the data with other software, programs, functions, and/or digital materials and thereby create derivative works. Derivative works shall continue to be subject to the terms and conditions of this Agreement. Derivative works must be provided back to the Office of the Lake County Surveyor in digital form.
. Derivative data and derivative works shall provide the following copyright attribution notice acknowledging Lake County's proprietary rights in the data: "Portions of this material include intellectual property of Lake County, Indiana and are used herein by permission. Information shown on any map or other data provided is not warranted for accuracy or merchantability by Lake County."
. The end user may use, copy, produce, and/or distribute derivative data and derivative works only in published hard-copy and/or in static, electronic (i.e., gif, jpeg, etc.) formats.
Uses Expressly Not Permitted
. The end user shall not sell, rent, lease, sublicense, lend, assign, time-share, distribute or transfer, in whole or in part, or provide third parties access to, the GIS data, data products, any updates, or end user's rights under this Agreement.
. The end user shall not reverse engineer, decompile, or disassemble the Lake County data or data products in an attempt to duplicate the proprietary and copyright-protected Lake County data model(s) and/or export format(s).
. The end user shall not sell, market, and/or distribute the data or data products or any derivative data or derivative works in digital form.
. The end user shall not remove or obscure any Lake County copyright, proprietary, or trademark notices.
Term
The limited data usage rights granted by this Agreement shall commence upon the end user's receipt of the data and data products and shall continue until such time that:
(1) The end user has completed the contractual obligations for which the data and data products were provided to the end user;
(2) The office of the Lake County Surveyor terminates this Agreement; or
(3) The 2nd user terminates this Agreement.
Upon termination of this Agreement, the end user shall then return to Lake County all copies of the data and data products and any derivative data and derivative works in digital form. The parties hereby agree that all provisions that operate to protect the rights of Lake County shall remain in force should a breach occur.
No Warranty
GIS maps do not constitute a survey nor an engineering drawing. GIS data and data products are not warranted and the end user expressly acknowledges that the data contains or may contain some nonconformities, defects, or errors. Lake County does not warrant that the data will meet the end user's needs or expectations; that the use of the data will be uninterrupted; or that all nonconformities, defects, or errors can or will be corrected. Lake County is not inviting reliance on this data; reliance is at the end user's risk; and the end user should always verify actual data. The data and data products are provided "as is," without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Exclusive Remedy and Limitation of Liability
Lake County's entire liability and the end user's exclusive remedy shall be to terminate this Agreement upon the end user returning the data and data products and any derivative data and derivative works to Lake County.
In no event shall Lake County be liable for costs of procurement of substitute goods or services, lost profits, lost sales or business expenditures, investments, or commitments in connection with any business, loss of any goodwill, or for any direct, indirect, actual, special, incidental, punitive, exemplary, consequential or other damages arising out of this Agreement or use of the GIS data and data products, however caused, on any theory of liability, and whether or not Lake County has been advised of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any exclusive remedy.
No Implied Waivers
No failure or delay by Lake County in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Lake County.
Export Regulation
The end user acknowledges that this Agreement and the performance thereof are subject to compliance with any and all applicable United States, State of Indiana, or local laws, regulations, statutes, ordinances, resolutions or orders relating to the export of data thereto. The end user agrees to comply with all applicable laws, regulations, statutes, ordinances, resolutions and orders of the United States, State of Indiana or Lake County in regard to any export of technical data. The end user agrees not to disclose or re-export any technical data received under this Agreement in or to any countries for which the United States Government requires an export license or other supporting documentation at the time of export or transfer, unless the end user has obtained prior written authorization from Lake County and the US. Office of Export Control.
Severability
If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Governing Law
This Agreement, entered into in Lake County, Indiana, shall be construed and enforced in accordance with and be governed by the laws of the United States of America and the State of Indiana without reference to conflict of law principles. The parties hereby consent to the personal jurisdiction exclusively of the courts of Lake County and waive their rights to change venue.
Entire Agreement
The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.
Signature
The undersigned agrees to the above listed terms of use for the Lake County CIS data and data products identified on Appendix A and warrants that he/she is duly authorized to execute this Agreement on behalf of the organization identified.
Phone:
By:
Printed Name:
Title:
E-mail:
Company:
Address:
Date:
For Lake County Use Only:
The undersigned representative for Lake County hereby acknowledges witnessing the signature of the above-referenced individual and receipt of the license fee shown on Exhibit A in exchange for the identified GIS data and data products.
Lake County Representative
Date
SCHEDULE OF FEES
Lake County Surveyor
Maps and Plat Books
|
Maps and Plat Books
| |
Lake County plat book | $20 |
Preprinted Lake County map | $3 |
Subdivision plat | $5 |
Sidwell aerial print B/W | $5 |
Sidwell aerial - PDF file | $3 |
36" by 36" topographic tile print (scaled) | $35 |
Digital topographic tile (Autocad and ESRI format) | $200 |
Custom Maps and Copies
| |
County, Municipal and District
|
Custom Maps and Copies
| |
County, Municipal and District
| |
24" by 36" color | $8 |
36" by 36" color | $10 |
42" by 42" color | $12 |
24" by 36" B/W laser | $5 |
36" by 36" B/W laser | $7 |
Oversized (over 42" by 42") | $3 per square foot |
Small Maps - District and Precinct | |
11" by 17" color laser map | $3 |
8-1/2" by 11" color laser map | $2 |
*All maps are available in PDF format. | |
E-mail or ftp upload is available at no additional charge - CD creation fee is $5. | |
For parcel information, remember to check out the GIS website at www.lakecountysurveyor.org | |
Copies | |
Color laser copies | |
11" by 17" | $3 |
8-1/2" by 11" | $2 |
B/W | |
8 -1/2" by 11" | $.50 |
MS4 Materials
| |
Stormwater ordinance (paper only) | $25 |
Technical standards (paper only) | $15 |
Stormwater ordinance and technical standards on CD | $35 |
GIS Information System Data
| |
Lake County address data (178,174 x $.01 each) | $1,781.84 |
Street centerlines, drainage, railroads, FIRM and other available layers CD (CD creation fee | $5 |
E-mailed or ftp uploaded | No charge |
Parcel Distribution Fees
| |
Parcels
|
Per Parcel
|
Parcel Distribution Fees
| |
Parcels
|
Per Parcel
|
1—200 | $1.50 |
201—500 | $.95 |
501—1,000 | $.70 |
1,001—2,000 | $.50 |
2,001—5,000 | $.48 |
5,001—8,000 | $.44 |
8,001—13,000 | $.42 |
13,001—20,000 | $.38 |
20,001—40,000 | $.25 |
40,001—70,000 | $.17 |
70,001—120,000 | $.13 |
120,001—180,000 | $.11 |
180,001—260,000 | $.10 |
Basis for Lake County Surveyor's Office
Schedule of Fees
2011
Maps: | HP Z6100 Plotter purchased 2008 | |
Cost of machine: | $16,000 | |
Ink: | $239—$259/color cartridge x 8 colors | |
Replace every 8 to 10 months | ||
Based on 100 to 150 maps/month | ||
Paper: | Purchased by the roll: 36" by 150' at $54.02/roll | |
Most maps are 24" by 36" | ||
Copier | Okidata E3640 MFP purchased 2006 | |
Cost: | $12,000 | |
Maintenance: | $435/3 months | |
Paper: | ||
GIS: | Aerial Photography and Topography | ||
1998 Ortophotography and Topography | |||
Initial cost: | Approximately $1, million (still in use) | ||
2005 Statewide Ortophotography Program | |||
Cost: | 6" resolution | Buy up $100,000 (still in use) | |
2013 Statewide Ortophotography Program (prospective buy-up options) | |||
Cost: | 6" resolution buy-up $66,000 | ||
LiDAR and 1 ft. topography $500,000 | |||
KIP 3000 Laser Plotter purchased 2007 | |
KIP Machine | |
Cost: | $17,700 |
Maintenance (including toner) | $1,188/year |
Daily Orders
| ||||||
Commercial Price
| Government/Purchaser Price
| |||||
20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | 20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | |
Daily Orders
| ||||||
Commercial Price
| Government/Purchaser Price
| |||||
20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | 20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | |
2 to 10 | $10.90 | $12.80 | 2 to 10 | $7.50 | $9.35 | |
11 to 50 | $9.95 | $11.85 | 11 to 50 | $6.15 | $7.75 | |
51 to 100 | $8.40 | $10.25 | 51 to 100 | $5.05 | $6.10 | |
100 + | $6.85 | $8.70 | 100 + | $4.50 | $5.50 | |
11 x 17
(Lease) |
Line or Aerial Only | Line & Aerial | 11 x 17 (Lease) | Line or Aerial Only | Line & Aerial | |
2 to 10 | $9.90 | $11.80 | 2 to 10 | $6.50 | $8.35 | |
11 to 50 | $8.95 | $10.85 | 11 to 50 | $5.15 | $6.75 | |
51 to 100 | $7.40 | $9.25 | 51 to 100 | $4.05 | $5.10 | |
100 + | $5.85 | $7.70 | 100 + | $3.50 | $4.50 | |
17-1/2 x 19 | Line or Aerial Only | Line & Aerial | 17-1/2 x 19 | Line or Aerial Only | Line & Aerial | |
2 to 10 | $5.45 | $6.40 | 2 to 10 | $3.75 | $4.65 | |
11 to 50 | $4.95 | $5.95 | 11 to 50 | $3.05 | $3.85 | |
51 to 100 | $4.20 | $5.10 | 51 to 100 | $2.50 | $3.05 | |
100 + | $3.45 | $4.35 | 100 + | $2.25 | $2.75 | |
Annual Service Updates | Annual Service Updates | |||||
Commercial Price | Commercial Price | |||||
20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | 20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | |
Annual Service Updates | Annual Service Updates | |||||
Commercial Price | Commercial Price | |||||
20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | 20 x 30 or 22 x 34 | Line or Aerial Only | Line & Aerial | |
2 to 10 | $8.50 | $9.50 | 2 to 10 | $6.60 | $8.25 | |
11 to 50 | $8.00 | $9.00 | 11 to 50 | $5.40 | $7.00 | |
51 to 100 | $7.00 | $8.00 | 51 to 100 | $4.80 | $5.30 | |
100 + | $6.00 | $7.00 | 100 + | $4.25 | $4.75 | |
Annual Service Updates
| Annual Service Updates
| |||||
Commercial Price | Commercial Price | |||||
17-1/2 x 19 | Line or Aerial Only | Line & Aerial | 17-1/2 x 19 | Line or Aerial Only | Line & Aerial | |
2 to 10 | $4.25 | $4.75 | 2 to 10 | $3.30 | $4.15 | |
11 to 50 | $4.00 | $4.50 | 11 to 50 | $2.70 | $3.50 | |
51 to 100 | $3.50 | $4.00 | 51 to 100 | $2.40 | $2.65 | |
100 + | $3.00 | $3.50 | 100 + | $2.10 | $2.35 | |
(Ord. 1334C, passed 3-30-2011; Ord. passed 4-12-2011)