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LIMITED LICENSE TO USE COPYRIGHTED MATERIAL PAGE 4 <br /> 11. DISCLAIMER <br /> THE RARE FEATURES DATA IS MADE AVAILABLE ON AN "AS IS" BASIS, <br /> WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY SORT INCLUDING, <br /> SPECIFICALLY, ANY IMPLIED WARRANTIES OF FITNESS FOR A <br /> PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, OR <br /> WARRANTIES RELATING TO THE ACCURACY OR COMPLETENESS OF THE <br /> RARE FEATURES DATA. <br /> 12. PRODUCTS PRODUCED <br /> The LICENSEE shall notify DNR of any significant Product produced using all or part of <br /> the RARE FEATURES DATA, and at DNR's request, provide one copy of any such <br /> Product produced, free of charge to the State Representative (identified in Section 14). <br /> 13. NOTIFICATION TO THE DNR <br /> The LICENSEE shall notify the State Representative identified in Section 14 of any <br /> activities or actions that have the potential to impact state-listed threatened or endangered <br /> species. Minnesota's endangered species law (Minnesota Statutes, section 84.0895) and <br /> associated rules (Minnesota Rules, part 6212.1800 to 6212.2300 and 6134) prohibit the <br /> taking of threatened or endangered species without a permit. <br /> The LICENSEE shall notify the State Representative identified in Section 14 in writing <br /> of any errors found, any new data obtained, or any other needed corrections or <br /> modifications to the RARE FEATURES DATA. Notification shall take place a <br /> minimum of two times, once before the data update and again just prior to the expiration <br /> of the LICENSE. The LICENSEE hereby grants to DNR a perpetual, irrevocable, non- <br /> exclusive,royalty-free LICENSE to use said data. <br /> 14. STATE REPRESENTATIVE <br /> Questions regarding the administration of this LICENSE or use of the RARE <br /> FEATURES DATA should be referred to: <br /> Lisa Joyal,NHIS Data Distribution Coordinator <br /> Division of Ecological and Water Resources <br /> Minnesota Department of Natural Resources <br /> 500 Lafayette Road,Box 25 <br /> St. Paul, MN 55155 <br /> Phone: 651-259-5109 <br /> E-mail: lisa.joyal@state.mn.us <br /> i <br /> 15. VENUE AND JURISDICTION <br /> This LICENSE shall be governed by the laws of the State of Minnesota. Venue for all <br /> legal proceedings arising out of this LICENSE, or breach thereof, shall be in the state or <br /> federal court with competent jurisdiction in Ramsey County,Minnesota. <br /> 16. OTHER APPLICABLE LAWS AND SEVERABILITY <br /> Nothing herein shall be construed to violate any Federal or State law or regulation. If a <br /> provision of this LICENSE is found by administrative proceedings or a court of proper <br /> jurisdiction to be in violation of Federal or State law or regulation,this LICENSE shall be <br /> immediate) terminated unless DNR gives the LICENSEE written notice that this <br /> y <br /> LICENSE is not terminated. <br /> 17. STATE AUDITS <br />