End User Access Agreement

14 December 2021

© 2022 Hexagon AB and/or its subsidiaries and affiliates. All rights reserved.

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IMPORTANT - READ CAREFULLY BEFORE ACCESSING INFORMATION FROM THIS HEXAGONENABLED WEBSITE, DOWNLOADING INFORMATION OR USING SERVICES FROM HEXAGON.
By accessing this Hexagon-enabled website or other means of accessing or downloading information, you
accept this agreement. If you do not agree with the terms of this agreement, do not access this informationfrom any Hexagon-enabled website, or other means of accessing or downloading information. Access to thegeospatial data is granted by Hexagon exclusively on these terms or other terms expressly agreed in writing
and signed by an authorized officer of Hexagon.
This End User Access Agreement (“Agreement”) is between you and Leica Geosystems Inc. (“Hexagon”), a
Delaware corporation with a place of business at 5051 Peachtree Corners Cir., Suite 250, Norcross, GA
30092, USA.
1. Purchase Type. You may purchase a Pixel Download or a Streaming Subscription on the data store, whichis available at https://hxgncontent.com/data-store. A Pixel Download allows you to download georeferenced,
physical world imagery data (“Geospatial Data”) by selecting in the data store an area of interest, resolution,and file format. A streaming subscription allows you to access Geospatial Data for a period of time(“Subscription Period”) you select from the data store. You must specify the geographic scope of the data you
wish to stream (e.g., country, state, metro or county). The streaming service supports access through ArcGIS
and OGC WMS/WMTS protocols directly into your application of choice. By making a purchase on the datastore, you agree to the terms of this Agreement.
2. Rights to Geospatial Data. Your rights to use Geospatial Data depend on whether you have purchased a
Streaming Subscription or a Pixel Download from the data store. In this Agreement, “you”, and “your” means
the legal entity, or natural person in the event of personal use, who has created an account on the data store
for purchasing access to the Geospatial Data.
A. Streaming Subscription
If you purchase a Streaming Subscription, Hexagon grants you access to the Geospatial Data through theonline services provided by Hexagon (the “Services”) for which you have paid the required fees. You may grant
access to one person within the corporation, governmental body, or other legal entity that directly employs you,or of which you are the principal or officer, to use the Services. If Hexagon consents in writing (which consent
may require a fee), you may permit access by additional users in your organization (the “Authorized End
Users”).
You must use the Services in accordance with the Acceptable Use Policy. You are responsible for use or
misuse of the Geospatial Data or Services, and for compliance with and breach of this Agreement by the
Authorized End Users.
During the subscription period set forth in the data store, and subject to payment of fees when due andcompliance with this Agreement, Authorized End Users may use the Geospatial Data for internal purposes to(i) consume Geospatial Data through a desktop and/or web-based GIS application (to the extent compatible
with the Geospatial Data), and (ii) combine vector layers and other data sets with the Geospatial Data, and (iii)
otherwise use the Geospatial Data and the Services for internal purposes within your organization.
You may not grant any person the right to access the Geospatial Data, including your affiliates or contractors.
B. Pixel Download
If you purchase a Pixel Download, subject to the payment of all required fees when due and compliance withthis agreement, Hexagon grants Authorized End Users (i.e., you and your authorized users within yourorganization, as defined in paragraph A., above) the right to download and use internally the Geospatial Data

© 2022 Hexagon AB and/or its subsidiaries and affiliates. All rights reserved.

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for which you have paid the required fees. You may copy and distribute the Geospatial Data to other
employees in your organization, but you may not copy or distribute the Geospatial Data outside of yourorganization, including to affiliates or contractors.
3. Attribution. You may not alter or remove any copyright notices.
4. Ownership. Geospatial Data is not sold to the Authorized End User and no ownership rights are transferredto the Authorized End User. The Geospatial Data is owned by Hexagon or its licensors.
5. Confidentiality. “Confidential Information” means all information disclosed by Hexagon (“Disclosing Party”)
to an Authorized End User (“Receiving Party”), whether orally or in writing, that is designated as confidential orthat relates to the Services, including the terms of this Agreement (including pricing). Confidential Information
excludes any information that: (i) is or becomes generally known to the public without breach of any obligation
owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing
Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without
breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving
Party.
The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own
confidential information of like kind, but in no event less than reasonable care, to (i) not use any Confidential
Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except asotherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of theDisclosing Party to those of its and its affiliates’ employees and contractors who need that access for purposesconsistent with this Agreement and who are under confidentiality obligations with the Receiving Party notmaterially less protective than those herein. The Receiving Party shall destroy Confidential Information in its
possession upon termination of this agreement. Nothing in this section grants rights to Geospatial Data greaterthan those set forth in section 1 of this Agreement.
The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled bylaw to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure(to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing
Party wishes to contest the disclosure.
6. Fees and Taxes. The data store sets forth the fees, subscription term and other terms related to access anduse of the Geospatial Data, and is hereby incorporated into, and forms a part of, this Agreement. Fees are
exclusive of all applicable sales, use, value added, GST, and other taxes (and all applicable tariffs, customs
duties and similar charges), and you will be responsible for payment of all such taxes (other than taxes basedon the net income of Hexagon), tariffs, duties and charges (and any related penalties and interest), payable inconnection with this Agreement or the provision of Services hereunder. The total invoice amount for fees issubject to increase by the amount of any taxes which Hexagon is required to pay and/or which you arerequired to withhold, collect or pay upon the fees so that Hexagon receives the full amount of the fees invoiced.
If you are claiming tax exemption status, you must provide a copy of a valid tax exemption certificate.
7. Restrictions. The Geospatial Data and Services may only be used by the Authorized End User or byindividual users authorized in writing by Hexagon, and not by any other party. No part of the Geospatial Data,
the Services or products derived therefrom, or any right granted under this Agreement may be copied (except
internally in the case of pixel downloads as described above), sold, rented, leased, lent, sub-licensed,
disclosed, or transferred to any other person or entity. The Authorized End User shall not use any part of the
Geospatial Data or the Services to develop or derive any other product or service for distribution, disclosure, orcommercial sale, whether by hardcopy, digital medium or web service, without a license specifically authorizing
it to do so, with the understanding that no such right is granted under this Agreement. You have no other rights
to the Geospatial Data except as expressly set forth in this Agreement. Without limiting the foregoing, you may
not re-sell or re-distribute or give access to the Geospatial Data as a web service. You may not use the© 2022 Hexagon AB and/or its subsidiaries and affiliates. All rights reserved.

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Geospatial Data in connection with a service bureau or for time-sharing purposes or in any other way allow
third parties to exploit the Geospatial Data, except Authorized End Users as specifically authorized by thisAgreement. You shall not provide passwords or other log-in information to any third party, except Authorized
End Users. You and any Authorized End User acknowledge that the Geospatial Data and Services contain andembody proprietary materials, valuable data, trade secrets, and copyrights of Hexagon and its licensors andsuppliers. Unauthorized reproduction, modification, distribution, or display of the Geospatial Data or theServices in whole or in part, and in any manner not expressly authorized in this Agreement, are prohibited. You
shall, and you shall cause the Authorized End Users to, keep confidential and use your best efforts to protect
the Geospatial Data and the Services and prevent their unauthorized disclosure or use. The Authorized End
User shall immediately notify Hexagon upon discovering evidence of a current or threatened misuse or
unauthorized use or disclosure of the Geospatial Data or Services by any party. You shall not, and you shallcause your Authorized End User not to, modify, distort, disassemble, decompile or in any way attempt toreverse engineer the Services or any software provided as part of the Geospatial Data or the Geospatial Data
itself. Each Authorized End User shall comply with the Acceptable Use Policy.
The Authorized End User may not transfer the Geospatial Data to or store the Geospatial Data or grant accessto the Services in any electronic network for use by any person other than Authorized End Users, unless it
obtains prior written permission from Hexagon and pays associated additional fees. Without limiting theforegoing, Geospatial Data may not be transferred to any person other than an Authorized End User.
If the Authorized End User is a federal, provincial, state or local government agency, the Geospatial Data islicensed solely to the particular agency and not to any other government agency unless explicit authorization
has been received from Hexagon.
8. Evaluation Access. Hexagon may grant a right to access the Services during an evaluation period. In
addition to the restrictions set forth above, Authorized End Users, during an evaluation period, shall use theServices for evaluation only, and shall not use the Services for any commercial or profit-making activity,
including, but not limited to, non-revenue commercial activities such as marketing, bid submission, andpromotion. Upon termination of the evaluation period, the Authorized End Users shall return or destroy all
Geospatial Data and any reports, documents or files incorporating the Geospatial Data.
9. Non-Hexagon Services. Hexagon may offer certain Services, or features or functions within Services,made available by unaffiliated third parties (“Non-Hexagon Services”). Accessing such Non-Hexagon Services
may cause your computer to communicate with a third-party website. Such connectivity or access to third party
websites or third-party materials is governed by the terms found on such sites, and access to and use of NonHexagon Services may require your agreement to separate terms. Linking to or use of Non-Hexagon Services
constitutes your agreement with such terms. Hexagon Group Companies are not a party to such third-party
agreements and are not responsible for such Non-Hexagon Services. Hexagon may at any time, for any
reason, modify or discontinue the availability of any Non-Hexagon Services.
10. Hexagon Affiliates. You acknowledge that Hexagon has affiliates and subcontractors worldwide. You
acknowledge and agree that Hexagon affiliates and subcontractors are entitled to provide the Services to you.
11. Warranty Disclaimer and Limit of Liability. THE GEOSPATIAL DATA AND THE SERVICES AREPROVIDED “AS IS,” AND HEXAGON MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, UPTIME, ACCURACY, OR NON-INFRINGEMENT. IN NO EVENT WILLHEXAGON AND ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, HOWEVER CAUSED,INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND LOST DATA. THE AUTHORIZED END USERACKNOWLEDGES THAT ITS SOLE REMEDY UNDER THIS AGREEMENT IS TO REQUIRE HEXAGON TO
REDELIVER THE GEOSPATIAL DATA GIVING RISE TO ANY BREACH OF THIS AGREEMENT OR
BREACH OF DUTY. THE AGGREGATE LIABILITY OF HEXAGON FOR ALL OTHER LOSSES, LIABILITIES,© 2022 Hexagon AB and/or its subsidiaries and affiliates. All rights reserved.

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CLAIMS, DAMAGES OR ASSESSMENTS, OF ANY KIND OR NATURE, SHALL NOT EXCEED THE FEESPAID BY THE AUTHORIZED END USER TO HEXAGON WITH RESPECT TO THE GEOSPATIAL DATA OR
THE SERVICES AT ISSUE IN ANY DISPUTE OR CLAIM.
The Authorized End User agrees that the limitations of liability and disclaimers set forth herein will apply
regardless of whether the Authorized End User has accepted the Geospatial Data or any other product orservice delivered by Hexagon. The Authorized End User acknowledges and agrees that Hexagon has set its
prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations ofliability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that acontract remedy may fail of its essential purpose and cause consequential loss), and that the same form an
essential basis of the bargain between the parties.
In addition, in no event shall Hexagon be liable for any third-party websites that appear in or are referenced by
the Hexagon data store.
12. Acceptable Use. You shall ensure all your Authorized End Users comply with the Acceptable Use Policy(“AUP”). The latest version of AUP posted https://hxgncontent.com/global/acceptable-use-policy, isincorporated herein by reference. An Authorized End User may be prompted with review and acceptance of
the AUP to gain access to the Services. Hexagon reserves the right to change the AUP at any time. Any
update to the AUP may require each Authorized End User to re-accept the modified AUP. Failure to comply
with the AUP may result in suspension of the Services or termination of this Agreement for material breach.
During any period of suspension, your will still be liable for payment of the applicable fees.
13. Term. Hexagon may terminate this End User Access Agreement, which will terminate all access to theServices and the Geospatial Data, if the Authorized End User fails to comply with any term of this Agreement.
In the event of termination, the Authorized End User must immediately return the Geospatial Data to Hexagon
or destroy it and certify this destruction in writing to Hexagon.
14. Complete Agreement. This Agreement and data store terms at the point of sale set forth the complete andexclusive statement of the understanding between the you and Hexagon with respect to the Geospatial Dataand the Services and may be amended or modified only in a written instrument signed by a duly authorized
representative of both parties. If any provision is determined to be invalid or unenforceable, the remaining
provisions of this Agreement shall continue to be valid and enforceable.
15. Indemnity. The Authorized End User agrees to defend, indemnify, and hold Hexagon, its affiliates,
directors, employees, and agents harmless from and against any claim, action, proceeding, loss, cost,
expense, damages, and liability, including reasonable legal fees, arising from or related to any breach of thisAgreement by you and any Authorized End User.
16. Export. You acknowledge that this Agreement and the performance thereof is subject to compliance withany and all applicable Swiss, Canadian, EU and United States laws, regulations, or orders relating to export.
You expressly acknowledge and agree that you will not export, re-export, transfer or release the Geospatial
Data in whole or in part to (a) any EU, Swiss, Canadian and/ or U.S. embargoed country (or to a national orresident of any EU, Swiss, Canadian and/ or U.S. embargoed country); (b) any person on the U.S. Treasury
Department’s list of Specially Designated Nationals; (c) any person or entity on the U.S. Commerce
Department’s Table of Denial Orders; or (d) any person or entity on any EU or Swiss or US Denied Parties
Lists; or (e) any person or entity where such export, re-export or provision violates any EU or Swiss or
Canadian or U.S. export control laws or regulations including, but not limited to, the terms of any export license
or licensing provision and any amendments and supplemental additions to EU or Swiss or Canadian or U.S.
export laws as they may occur from time to time.
17. Force Majeure. . Hexagon will not be held liable or responsible for delay or failure to perform any of suchits obligations under this Agreement occasioned by any cause beyond its reasonable control, including but not© 2022 Hexagon AB and/or its subsidiaries and affiliates. All rights reserved.

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limited to war; terrorist acts; civil disturbance; fire; flood; earthquake; pandemic, acts or defaults of common
carriers; governmental laws, acts, regulations, embargoes or orders; or any other cause, contingency or
circumstance not subject to such party's reasonable control. The affected party will resume full performance ofinterrupted obligations as soon as practicable upon cessation of intervening causes.
18. Notices. Notices permitted or required under this Agreement shall be in writing and delivered personally(including courier service), by certified or registered mail, return receipt requested, or by confirmed facsimiletransmission. Notices shall be effective upon receipt. If notice is sent to Hexagon, it shall be directed to
Hexagon, 5051 Peachtree Corners Cir., Suite 250, Norcross, GA 30092 U.S.A. Attn: Legal Department.
19. Precedence. In the event of a conflict or inconsistency in the Agreement documents, the following order ofprecedence shall apply: (i) the specific terms on the data store relating to the Geospatial Data, (ii) the
Acceptable Use Policy, and (iii) this End User Access Agreement. The English language version of thisAgreement is legally binding in case of any inconsistencies between the English version and any translations.
20. Governing Law. The interpretation, Agreement shall be governed by the following law: (a) if the
Authorized End User is a government entity, the applicable laws of the Authorized End User, (b) in all othercases, the law of the state of Georgia, U.S.A., excluding its choice of law principles.
21. Restricted Rights to U.S. Federal Agencies. As prescribed in FAR 27.409(f), the Geospatial Data isexisting data, and is licensed to the U.S. government under clause: 52.227-18 Rights in Data-Existing Works.
22. No Joint Venture. This Agreement shall not create any relationship between you and Hexagon as joint
ventures, partners, associates, or principal and agent. Neither party is granted any right of authority and shallnot create any obligation or responsibility for or on behalf of the other party. Neither party shall have theauthority to bind the other party.
23. Electronic Agreement. You expressly consent and agree that the data store and related Hexagon forms
may be electronically signed or acknowledged and agreed, and that such electronic signatures shall betreated, for purposes of validity, enforceability as well as admissibility, the same as written signatures.
24. Assignment. Without the prior written consent of Hexagon, neither this Agreement nor any of the rights
granted by it may be assigned or transferred by the Authorized End User. This restriction on assignments ortransfers shall apply to assignments or transfers by operation of law, as well as by contract, merger orconsolidation. Subject to the preceding sentence, this Agreement will be binding upon you and yoursuccessors and assigns.

© 2022 Hexagon AB and/or its subsidiaries and affiliates. All rights reserved.

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