§ 42.087  USE RESTRICTIONS AND NOTICE.
   (A)   Pursuant to the provisions of I.C. 5-14-3-3(e), no person, other than those authorized in writing by the Board of Commissioners, may use the electronic map data provided by the county for commercial purposes, including to sell, advertise or solicit the purchase of merchandise, goods or services, or sell, loan, give away or otherwise deliver the information obtained by request to any other person for these purposes. This includes the repackaging or assimilation of electronic map data for a commercial purpose in paper or electronic media. The electronic map data may be used as a reference for determining the accuracy of maps developed independently from the county’s electronic map data.
   (B)   A person who uses information in a manner contrary to this subchapter or a rule or ordinance adopted under I.C. 5-14-3-3 may be prohibited by the county from obtaining any electronic map data. The following notice regarding data ownership, restrictions and qualifications shall be provided to every person that receives a copy of the county’s electronic map data.
      “Perry County electronic map data is the property of Perry County, Indiana. All electronic map data supplied by Perry County has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. The county does not guarantee the positional or thematic accuracy of the data. The cartographic digital file server is not a legal representation of any of the features depicted, and the county disclaims any assumption of the legal status they represent. Any implied warranties, including warranties of merchantability or fitness for a particular purpose, shall be and/or expressly excluded. The data represents an actual reproduction of data contained in the county’s computer files. This data may be incomplete or inaccurate, and is subject to modifications and changes. Therefore, the county cannot be held liable for errors or omissions in the data. The recipient’s uses and reliance upon the data is at the recipient’s risk. By using this data, the recipient agrees to protect, hold harmless and indemnify the county and its employees and officers. This indemnity covers reasonable attorney fees and all court costs associated with the defense of the county arising out of this disclaimer. The recipient may copy this data into computer memory or onto computer storage devices and prepare derivative works from it for the recipient’s own use.
      Pursuant to the provisions of I.C. 5-14-3-3(e), no person, other than those authorized in writing by the Board of Commissioners may use the electronic map data provided by the county for commercial purposes, including to sell, advertise or solicit the purchase of merchandise, goods or services, or sell, loan, give away or otherwise deliver the information obtained by request to any other person for these purposes. A person who uses information in a manner contrary to a rule or ordinance adopted under I.C. 5-14-3-3(e) may be prohibited by the Board of Commissioners from obtaining any electronic map data.
      Please refer to Ordinance O-C-07-2 for any other restrictions on the use of electronic map data or penalties for the misuse electronic map data.”
   (C)   A copy of the language contained in this section shall be conspicuously posted in all offices where electronic map data is sold in the county, and shall be provided to any person(s) (as defined by I.C. 5-14-3-2) who desires to purchase electronic map data from the county.
(Ord. 2007-O-C-07-2/O-CC-07-2, passed 6-20-2007)  Penalty, see § 42.999