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Acceptable Use Policy

Use of any BFUSA products, services, data, databases, APIs, platforms, infrastructure, applications, websites or other offerings (each, a “BFUSA Property”) is subject to this Acceptable Use Policy (“AUP”).  This AUP applies to you and anyone you enable to use a BFUSA Property, including End Users, subcontractors and agents (collectively referred to in this AUP as “you” or “your,” as applicable).

Illegal, Harmful, or Offensive Use or Content
You agree not to use any BFUSA Property (i) in connection with any illegal, harmful, fraudulent, infringing or offensive activity, or (ii) to transmit, store, display, distribute or otherwise make available content, products or services that are illegal, harmful, fraudulent, infringing or offensive. Prohibited activities, content or products include:

● Fraudulent goods, services, schemes or promotions, ponzi and pyramid schemes, stolen goods, implements used for theft
● Phishing, pharming, or deceptive practices
● Infringing, unlicensed, or counterfeit goods or content
● Pornography, sexual content or sexual services
● Abusive, bigoted, racist, harmful or hate-related content
● Invasion of privacy or misappropriation of publicity or celebrity rights
● Viruses, Trojan horses, worms, time bombs, spyware or malware
● Explosives or hazardous materials

No Security Violations or Network Abuse
You may not use any BFUSA Property to violate the security or integrity of any telecommunications infrastructure, systems, devices, hardware or software. Prohibited activities include:

● Accessing systems without permission
● Probing or attempting to probe, scan, test the vulnerability, penetrate or to breach any security or authentication measures used by a system
● Monitoring of network data or traffic without permission
● Spoofing headers or any part of a message describing its origin or route
● Issuing queries that are not responsive to end user actions; or that are subsequent or automatic follow-up queries related to an initial query or end user action (such as triggering automatic queries based on a search result) or otherwise modifying or appending materials to queries to a BFUSA Property)
● Implementing any automated process or service to access and/or use BFUSA Property such as bots, spiders, scrapers and webcrawlers
● Extracting sales lead information, category-specific business listings, mailing or marketing lists
● Executing any kind of denial of service attacks (DoS, DDos)
● Cryptocurrencies
● Implementing measures to avoid any use limitations, reporting or accounting systems
● Sending of unsolicited e-mail or other messaging, promotions, advertising, or solicitations (like “spam”)
● Benchmarking or testing the availability or performance of a BFUSA Property

Application Restrictions
Unless otherwise permitted in your commercial agreement with BFUSA, BFUSA Properties may not be used in connection with any of the following:

● Applications which manage unmanned ground or aerial vehicles (such as drones)
● Rental vehicles or other rental situations
● Ambulances or other emergency response services
● Applications with or for fleet management such as asset tracking (in motion or at rest), dispatch, private or commercial transportation applications, including taxi and vehicle-for-hire, usage based insurance, and telematics applications for collecting and analyzing historical driving information related to an asset, grouping, managing and/or optimizing (or any possible combination of the aforementioned) a plurality of vehicles together into a platoon, generating platooning plans (pre-scheduled or ad-hoc), platoon routes, platoon stops, and a platoon target arrival times
● Route guidance applications, such as individual maneuvers of a calculated route such that the maneuvers or alerts are presented to an end user, synchronized in any manner with the end user’s position along such route, including calculating the end user’s position as the end user traverses the route and communicating a maneuver to the end user as the end user approaches the location pertaining to such maneuver
● Applications designed or marketed for use in or with high-risk systems, devices or products that are critical to health or security of people and property
● Applications that contain, display, or link to materials that are otherwise in conflict with this AUP

General Restrictions
You, your sublicensees, and your and their respective applications and End Users may not:

● Use any demonstration, evaluation, or beta program credentials for any commercial or revenue-generating product, service, or solution
● Remove, tamper with, or obscure BFUSA or third-party branding and/or copyright information of the BFUSA Property
● Extract or reutilize BFUSA Properties, nor modify, adapt, translate, disassemble, decompile or reverse engineer any portion of the BFUSA Properties (except to the extent explicitly permitted by applicable laws)
● Create mash-ups, enhanced services or location-based services similar to a BFUSA Property, unless otherwise permitted in your commercial agreement with BFUSA
● Create a derivative location platform, database or content product that is competitive with any BFUSA Property, unless otherwise permitted in your commercial agreement with BFUSA
● Solicit orders, resell, license, distribute or otherwise engage in business relating to a BFUSA Property outside of an authorized territory
● Degrade or diminish, whether through act or omission, the perceived quality of a BFUSA Property
● Use or combine any BFUSA Property with any other material or otherwise that may subject the BFUSA Property to any open source software, open database, open data licenses (including ODbL) or other similar licenses where such licenses or terms would (a) cause the disclosure or distribution of the BFUSA Property or any part thereof; (b) authorize derivative works of any BFUSA Property (or any part thereof); (c) cause redistribution of the BFUSA Property (or any part thereof) at no charge, as a condition for use, modification or distribution of such other material; or (d) otherwise restrict or impact the licensing or other use of the BFUSA Property (or any part thereof)

Monitoring and Remedial Action
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of any
BFUSA Property. We may, acting reasonably:

● Remove, disable access to, or modify any content or resource that violates this AUP or any other agreement we have with you for use of any BFUSA Property
● Commence legal proceedings for reimbursement of all losses and costs, including, but not limited to, reasonable legal costs resulting from such violations
● Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosure of information that identifies you
● Cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP
● Take remedial action if the AUP is violated, and such remedial action may include removing or disabling access to material that violates the AUP, suspending or throttling application access to any BFUSA Property, up to an including terminating contracts (in accordance with the terms of such contract(s)).

Advertising
You may not display third-party advertising or third-party products or services advertising in proximity to any materials licensed from BFUSA, except as follows:  You may advertise your owned and operated products and services provided such advertising is the type that is not prohibited by other parts of this AUP, and is compliant with any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

Caching
Unless otherwise provided in your agreement with BFUSA, caching or storing any location data for the purpose of building a repository of location assets or scaling one request to serve multiple end users is prohibited. You may not use any BFUSA Property in a manner that pre-fetches, caches, or stores data or results, except to the extent you are storing or caching for no more than thirty (30) days only to the extent necessary for enabling or improving an end user's use of the BFUSA services

Attribution and Supplier Terms
You are obliged to review and pass through certain supplier credits and disclaimers via your own application or its product documentation.  The current supplier terms are available at
https://buildingfootprintusa.com/buildingfootprintusa-credits/.

Reporting of Violation of this AUP
If you become aware of any violation of this AUP, you will immediately notify us and provide us with reasonable assistance, as requested, to stop or remedy the violation. To report any violation of this AUP, please submit an email to info@buildingfootprintusa.com.

Trial Data Service and License Agreement

DO NOT USE THIS SERVICE UNTIL YOU HAVE READ AND ACCEPTED THIS AGREEMENT. This agreement is between you (“You” or “Licensee”) and Datafoxtrot, LLC d/b/a BuildingFootprintUSA (“BFUSA”). If You are using this Service on behalf of a company or organization, You certify that You are authorized to agree to this Agreement on behalf of that organization, and the terms “You” and “Licensee” as used in this Agreement will mean your organization and all authorized users within your organization. By clicking “I AGREE” and using the Service, You accept the terms of this Data Service Agreement (the “Agreement”). If You and BFUSA have entered into a separate written agreement for the Service, then that agreement will control and supersede this Agreement. Capitalized terms used in this Agreement have the meaning given to them in Section 17.

1. Grant of Rights; Ownership.

Subject to Licensee’s compliance with this Agreement, BFUSA grants Licensee a non-exclusive, non-transferable, non-sublicensable, revocable, limited license during the Term to use the BFUSA Materials to develop an Application available internally to Licensee employees solely to access and evaluate the BFUSA Service and Data Products for possible commercial use. Licensee may not use or make available the Applications, BFUSA Materials or the BFUSA Service for any commercial (including internal business use), revenue-generating, or external use.

BFUSA and its third-party licensors retain title to and ownership of the Licensed Products (and any portion thereof) and reserve all rights not expressly granted to Licensee under this Agreement.

2. Restrictions on Use of BFUSA Service.

a. Licensee may not (i) reverse engineer, decompile or disassemble the Licensed Products, (ii) download Data Products or recompile a database that contains Data Products, (iii) access vector data associated with the Data Products, (iv) use the Licensed Products to develop products competitive with the Licensed Products, (v) make copies of the BFUSA Service Materials or Documentation, except as permitted herein, (vi) sublicense, rent, lease, lend or host the Licensed Products to or for other parties, except through Licensee’s Application as permitted herein, or (vii) publish or publicly disclose the results of any comparison of Licensed Products to other products or services.

Licensee may make a reasonable number of copies of the BFUSA Materials or Documentation solely for backup or disaster recovery purposes.
b. Licensee may not modify or add to the Data Products in any manner that has the effect of requiring the Data Products, or any portions thereof, modifications thereto or derivative works thereof, to be licensed or otherwise distributed to third parties at no charge or pursuant to a free, “open source,” “share-alike,” or similar license agreement.

3. Restrictions on Use of Certain Data.

a. Licensee may not use Assessor Data: (i) as a factor in establishing an individual’s eligibility for credit or insurance; (ii) in evaluating an individual for employment purposes; (iii) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority; or (iv) in any other manner that would cause such use of the Licensed Information to be construed as a consumer report by any authority having jurisdiction over any of the parties.
b. Licensee shall not display consumer information contained in the Data Products to End Users other than Licensee’s employees and third party advisors having a need to know in connection with Licensee’s business and shall obligate those individuals to acknowledge consumers’ rights to privacy and adhere to fair information practices.
c. Licensee shall comply with all applicable laws governing fair information practices, consumers’ rights to privacy, and data protection, including without limitation, any applicable non-solicitation laws, rules, and regulations. Assessor Data contains information that may be deemed to be sensitive by some consumers. Licensee shall not make public the name, address or other information regarding any consumer, unless such consumer provides written authorization to do so.

4. Licensee Responsibilities.

a. Use of the BFUSA Service is contingent on Licensee’s compliance with the Acceptable Use Policy or as otherwise agreed to between Licensee and BFUSA in a written agreement signed by both parties. Failure to comply with the Acceptable Use Policy constitutes a breach of this Agreement and may result in immediate suspension or termination of Licensee’s access to the BFUSA Service.
b. The Data Products should not be considered to be of survey precision and should not be used for engineering, aerial or other navigation, or similar uses where inaccuracies in the data could lead to death or bodily harm. BFUSA disclaims all warranties, express or implied, as to the accuracy or completeness of the Data Products.
BFUSA and its third party licensors disclaim any liability arising from, and Licensee agrees it will not hold BFUSA or its third party licensors responsible for, any errors or inaccuracies in the Data Products.
c. BFUSA issues access credentials to Licensee for each Application. Licensee must ensure that unique access credentials are used for each Application. Any use of the BFUSA Service through access credentials issued to Licensee will be considered use by Licensee for which Licensee is responsible. Licensee agrees to take due care protecting such access credentials against misuse by and disclosure to others and promptly notify BFUSA about any misuse or loss of access credentials. If Licensee breaches any security measures established by BFUSA, BFUSA may immediately terminate or suspend Licensee access to the BFUSA Services and may terminate Licensee’s subscription and Licensee shall immediately cease using the BFUSA Materials and accessing the BFUSA Service.
d. Licensee shall comply with all applicable federal, state, and local laws, rules, and regulations of any kind, including without limitation those governing fair information practices, consumers’ rights to privacy, non-solicitation, and data protection. Licensee shall be solely responsible for accepting and responding to all communications initiated by a consumer arising out of Licensee’s use of the Licensed Information. If applicable, Licensee agrees that, upon request from a consumer or from BFUSA, Licensee shall promptly cease all use of a specified consumer’s information included in the Licensed Information for marketing solicitations or any other direct marketing purposes.

5. End User Terms.

Licensee’s agreements with each End User shall be no less protective of BFUSA and its third party licensors than this Agreement and shall specifically obligate End Users to materially comply with the following sections of this Agreement: Section 2 (Grant of Rights; Ownership), Section 3 (Restrictions of Use of BFUSA Service), Section 4 (Restrictions on Use of Certain Data), 5 (Licensee Responsibilities), 12 (Warranties; Disclaimers), and 13 (Limitation of Liability).

6. Term; Termination.

a. This Agreement commences on the Effective Date, will remain in effect for a Term of ninety (90) days.
b. Either party may terminate this Agreement and Licensee’s access to the BFUSA Service if the other party commits a material breach of this Agreement and fails to cure such breach within fifteen (15) days after receipt of the non-breaching party’s written notice, or an additional period of time as agreed to by the parties.
c. Upon termination of this Agreement for any reason, unless Licensee has entered into an agreement with BFUSA for commercial use of the Licensed Products, Licensee will immediately cease use of the BFUSA Service and delete and destroy the Data Products and BFUSA Materials. BFUSA and each party will promptly return all Confidential Information of the other party.
d. Sections 9 (Licensee Data), 10 (Non-infringement; Indemnification), 12 (Warranties; Disclaimers), 13 (Limitation of Liability), and 17 (Applicable Law) will survive termination of this Agreement indefinitely or to the extent set out therein.

7. Fees; Payment Terms.

There shall be no Fees payable by Licensee under this Trial Agreement.

8. Licensee Data.

Licensee will retain all right, title and interest in and to all Licensee Data. Licensee grants BFUSA a royalty-free, worldwide, perpetual license to incorporate into the BFUSA Service any suggestions, enhancement requests, recommendations or other feedback that Licensee provides to BFUSA relating to the operation of the BFUSA Service. Licensee acknowledges and agrees that BFUSA may collect Usage Data from Licensee’s use of the BFUSA Service for purposes of internal development and marketing, provided that any Usage Data for marketing purposes will not identify Licensee. BFUSA will maintain Licensee Data and Usage Data in accordance with the BFUSA Privacy Statement.

9. Warranties; Disclaimers.

a. BFUSA represents and warrants that it has the right to grant Licensee the rights granted hereunder.
b. BFUSA DOES NOT MAKE ANY CLAIM, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE LICENSED PRODUCTS OR THAT BFUSA WILL CORRECT ALL ERRORS. THE LICENSED PRODUCTS SHOULD NOT BE CONSIDERED TO BE OF SURVEY PRECISION AND SHOULD NOT BE USED FOR ENGINEERING, AERIAL OR OTHER NAVIGATION, OR SIMILAR USES WHERE INACCURACIES IN THE DATA COULD LEAD TO DEATH OR BODILY HARM. BFUSA DISCLAIMS ANY LIABILITY ARISING FROM, AND LICENSEE AGREES IT
WILL NOT HOLD BFUSA RESPONSIBLE FOR, ANY ERRORS OR INACCURACIES IN THE DATA PRODUCTS.
c. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE LICENSED PRODUCTS ARE PROVIDED “AS IS” AND BFUSA AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LICENSED PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

10. Limitation of Liability.

a. DISCLAIMER. NEITHER PARTY NOR BFUSA’S THIRD PARTY SUPPLIERS WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, OR LOST DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
b. MAXIMUM LIABILITY. IN ANY EVENT, EACH PARTY’S (AND BFUSA’S THIRD PARTY SUPPLIERS’) MAXIMUM LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT, CONTRACT OR OTHERWISE) WILL BE LIMITED TO THE AMOUNT OF FEES PAID BY LICENSEE TO BFUSA DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF SUCH CLAIM.

11. Assignment.

Licensee is not permitted to transfer or assign (by operation of law or otherwise) any of Licensee’s rights or obligations under this Agreement without the prior written consent of BFUSA, which consent will not be unreasonably withheld, delayed or denied. Any such transfer or assignment without BFUSA’s written consent will be void and of no force and effect.

12. Applicable Law.

This Agreement will be governed by, and construed in accordance with, the laws of the State of New York without regard to its principles of conflict of laws. The parties agree that any action commenced in connection with this Agreement will be brought only in a federal or state court of competent jurisdiction located in Albany County, New York.

13. No Waiver.

No waiver of or failure to act regarding any breach of this Agreement by either party or the failure of either party to insist on the exact performance of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing.

14. Notices.

Any notice alleging a breach this Agreement or making a claim for indemnification will be in writing and will be sent by overnight courier, certified mailed or delivered in person to the party's address set forth herein. Any other notice provided under this Agreement may be sent by postal mail or electronic mail to a party’s representatives.

15. Severability.

If any provision of this Agreement or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement will remain in full force and effect.

16. Entire Agreement.

This Agreement, the Acceptable Use Policy, the BFUSA Privacy Statement, and all appendices, exhibits, schedules, attachments and amendments thereto, including those incorporated by reference, constitute the entire agreement between the parties with regard to Licensee’s access to and use of the Licensed Products. This Agreement may not be modified or amended except by a writing signed by both parties and supersedes all proposals, purchase orders, understandings, representations, prior agreements or communications relating to Licensee’s use of the Licensed Products. This Agreement also supersedes any preprinted terms contained on a purchase order or similar document issued by Licensee and any such terms will have no force or effect. This Agreement will not be construed against the drafting party, but instead will be construed as if both parties prepared the Agreement.

17. Definitions.

“Acceptable Use Policy” means the usage requirements set forth at https://developer.buildingfootprintusa.com/terms-of-use/ or as otherwise agreed to by the parties in a written agreement.
"Application" means each desktop, mobile or web application that Licensee develops using the BFUSA Materials and that accesses BFUSA Services.
“Assessor Data” means publicly available property and structure details collected by government tax assessment offices and available in the Data Products.
“BFUSA Materials” means any of the following items made available to Licensee via the Licensee Portal: access credentials, Keys, application programming interfaces (“APIs”), software development kits (“SDKs”), software and related materials and documentation.
“BFUSA Privacy Statement” means BFUSA’s statement of its privacy practices available at https://buildingfootprintusa.com/privacy.
“BFUSA Service(s)” means the BFUSA API and Data Products made available to Licensee through use of the BFUSA Materials, as described in the Plan descriptions in Exhibit 1 to this Agreement and in the Licensee Portal.
“Data Products” means BFUSA and third party data accessible to Licensee via the BFUSA Service, including, without limitation, building polygons, geospatial coordinates or “lat/longs,” building attributes such as height and elevation, business list data, and Assessor Data.
“Documentation” means BFUSA’s published documents describing the features of Licensed Products.
“End User(s)” means Licensee’s employees or customers who access the BFUSA Services through the Application.
“Fees” means the amounts payable to BFUSA by Licensee for Licensee’s selected Plan.
“Key” means one or more license keys assigned to Licensee that authenticate Licensee users to the BFUSA Service and Licensee’s chosen Plan.
“Licensee Data” means the identity of Licensee and its users, information that Licensee submits to the BFUSA Service in a Request, and information about or contained in Results.
“Licensee Portal” means the web portal that BFUSA makes available to Licensee as part of the BFUSA Services and that contains Plan descriptions, Licensee’s account information and BFUSA Service usage statistics.
“Licensed Products” means the BFUSA Materials, Documentation, Data Products, and the BFUSA Service.
"Request” means each End User API call made to the BFUSA Services using the BFUSA Materials and the Application to request Results.
"Result" means each unique delivery of elements of the Data Products to an Application in response to a Request.
“Term” means the initial license term of this Agreement, as set forth in Exhibit 1 and applicable to Licensee’s
selected Plan, and any renewal terms.
“Usage Data” means Licensee Data that BFUSA collects and retains related to Licensee’s Requests and use of the BFUSA Service.

LightBox

LightBox acquires industry leader BuildingFootprintUSA™

IRVINE, CA – February 1, 2021 – LightBox, a leading provider of commercial real estate data and workflow solutions, announced the acquisition of BuildingFootprintUSA™, the premier provider of building and structure boundaries for location analytics. With this acquisition, LightBox will immediately make building footprints available to its customers.

Connecting BuildingFootprintUSA datasets to LightBox data will create the industry’s only fully integrated parcel, building structure, and property attribute datasets for comprehensive location intelligence across the commercial real estate, telecommunications, routing & logistics, and insurance markets, as well as the broader geospatial ecosystem.

“This acquisition demonstrates our ongoing commitment to innovation that serves the commercial real estate ecosystem. We’re looking to replace existing information silos with industry standard linked datasets. Our parcels and property data will now be integrated with rooftop-level geocodes, addresses, and boundaries,” said LightBox CEO, Eric Frank. “We strongly believe the future is one of connected datasets and we want to drive this change for the commercial real estate industry in the US and Canada.”

BuildingFootprintUSA was founded in 2016 in Albany, New York. The company serves customers of all size within commercial real estate, telecommunications, insurance, and mapping solutions with high-accuracy location data to facilitate accurate site selection, routing, spatial analysis and data visualization. Customers leverage building geometry, height, and ground elevation data to assist in determining potential flood risks, expanding broadband connectivity, policy planning for safety and security, and broader geospatial analytics.

“Joining LightBox gives us an exciting opportunity to grow and deliver our data and solutions to a broader segment of the commercial real estate market in the US and Canada,” said Karl Urich, founder and president of BuildingFootprintUSA. “By combining our datasets with those of LightBox, we will be able to offer the most accurate boundary, address, and geocoding dataset available.”

To learn more about how you can begin leveraging solutions that combine the best of BuildingFootprintUSA and LightBox today, please visit lightboxre.com.

LightBox is building the world’s leading real estate information and technology platform. LightBox customers comprise all types of enterprises needing authoritative real estate data and workflow solutions, including brokers, developers, investors, lenders, insurers, environmental consultants, corporations, technology companies, and valuation professionals. LightBox is backed by Silver Lake and Battery Ventures.

Learn More About LightBox at lightboxre.com

At BFUSA LightBox, we develop next-generation geolocation data centered on the built environment — where people live, work, shop, and play. Our hyper-accurate building and address data helps customers make critical decisions that are highly dependent on location. Learn more at www.buildingfootprintusa.com.

Learn More About BFUSA at buildingfootprintusa.com