SE FireMap version/date: SE FireMap v.1, March 2024.

This data use agreement applies to the Southeast FireMap (SE FireMap) data produced by Tall Timbers Research, Inc. in cooperation with USDA’s Natural Resources Conservation Service (NRCS).
NRCS IS WILLING TO SHARE THE ABOVE DATA TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DATA USE AGREEMENT.
  • This data use agreement (Agreement) is between the authorized end user and Tall Timbers Research, Inc. (TTR) in cooperation with the NRCS and gives authorized end user certain limited rights to use the SE FireMap v.1 electronic data and associated documentation (“Data”).
  • All rights not specifically granted in this Agreement are reserved to TTR/NRCS.
  • Reservation of Ownership and Grant of License: The Data provided by TTR represents intellectual property. TTR/NRCS retain exclusive rights, title, and ownership of the copy of the Data shared under this Agreement and, hereby, grant to authorized end user a personal, nonexclusive, nontransferable permission to use the Data on the terms and conditions of this agreement. From the date of receipt, authorized end user agrees to use reasonable effort to protect the Data from unauthorized use, reproduction, distribution, publication, or sale.
    TERMS AND CONDITIONS

    Question Title

    * Reservation of Ownership and Grant of License:
    The Data provided by TTR represents intellectual property. TTR/NRCS retain exclusive rights, title, and ownership of the copy of the Data shared under this Agreement and, hereby, grant to authorized end user a personal, nonexclusive, nontransferable permission to use the Data on the terms and conditions of this agreement. From the date of receipt, authorized end user agrees to use reasonable effort to protect the Data from unauthorized use, reproduction, distribution, publication, or sale.

    Permitted Uses:

    1. The authorized end user may use this copy of the Data on a computer network serving an unlimited number of computer terminals associated with the authorized Site. A Site is defined as a single building or complex of buildings with a unique street address. The computer network includes computers, laptops, or other devices that may be used remotely but are associated with the authorized Site. Authorized end users may not share, transfer, loan, rent, lease, or sell this copy of the Data to another user outside the authorized Site.
    2. The Data are produced for the purposes of promoting the efficiency and effectiveness of fire management towards conservation, economic, education and public safety goals for the benefit of United States taxpayers. The authorized end user agrees to not use the Data for any other purpose.
    3. The authorized end user may produce maps, tables, and/or reports, using all or portions of the Data provided. All or portions of the Data may be merged directly into reports produced by the authorized end user. The “Southeast FireMap,” version number and date must be cited as the source of the Data in all products, publications, or presentations containing all or portions of the Data.
    4. The authorized end user may use all or portions of this Data, alone or together with other data, to perform original analysis. Any products, publications, or presentations based on such analysis must cite TTR and NRCS as a source for original data used in the analysis and Tall Timbers Research, Inc. as for developing methods.

    Uses Not Permitted:
    1. The authorized end user shall not sublicense, sell, rent, lease, loan, transfer, assign, or provide access to electronic versions of the Data, in whole or in part, to unlicensed third parties, including partner agencies, clients or contractors. Printed maps of all or portions of these Data may only be provided to partner agencies, clients or contractors as part of a larger analysis or project related to the purposes listed under item 2 of Permitted Uses above.
    2. The authorized end user shall not use all or portions of the Data in electronic, print, or other medium, to create products for distribution and sale that rely principally upon these Data. Additionally, Data shall not be used or provided in a web application or map service unless special written permission is granted in writing by TTR and NRCS.
    3. The authorized end user shall not alter any substantive feature or characteristic of these Data. Alterations for aesthetic purposes, such as changes to the style and/or color of markers, polygon shadings, or fonts, are permitted.

    Question Title

    * Other Conditions
    • The Data require some understanding of data development methods and definitions for proper use and analysis. The authorized end user agrees to read the documentation of methods, attribute definitions, and metadata in the attached file SEFM_Documentation.pdf. TTR staff are available to advise all SE FireMap v.1 data users regarding the technical aspects of these data.
    • Eligibility to download and utilize the v.1 Data is dependent upon the Licensee’s commitment to share feedback on the product. This feedback will be captured via an online survey ( https://www.research.net/r/SEFireMapV1survey ). Such comments will serve to improve the quality of the SE FireMap v.1 data in the next iteration.
    • NRCS encourages the authorized end user, at the authorized end user’s convenience, to communicate to TTR/NRCS any errors or omissions found in the Web Map via the Landscape Partnership Portal using this survey or emailing Tall Timbers Staff.
    • Upon request, the authorized end user will provide NRCS National Headquarters, Landscape Conservation Initiatives Team with a list of any reports or printed materials prepared using SE FireMap v.1 data and will provide a sample copy and/or a web link of such material, provided such materials may not be disclosed to any third party without express written permission. NRCS acknowledges that any reports or printed materials prepared by the authorized end user using SE FireMap v.1 data are the sole and exclusive property of the authorized end user.
    • The authorized end user shall take reasonable precautions to ensure the security of SE FireMap v.1 data.
    • The authorized end user will indemnify and hold TTR/NRCS and its officers and employees harmless against any claims by third parties arising out of the use by Licensee of the Data provided hereunder.

    Question Title

    * Term: The permissions granted by this Agreement shall commence upon the authorized end user’s receipt of the Data and shall continue for a period of one (1) year from the date of commencement of the agreement. NRCS/TTR shall consider the date of commencement of the agreement to be the date the Data was sent to the authorized end user by TTR. At the end of one year the authorized end user shall expire, and the authorized end user may not use the Data for any new projects, maps, presentations, or analyses. This agreement may be renewed by authorization through a new data use agreement. An updated version of the Data will be provided with each renewal. NRCS/TTR reserves the right to terminate this Agreement at any time for the authorized end user’s material breach of this Agreement.

    The authorized end user understands and acknowledges that their use of these data is time limited. This license expires one (1) year from the date of commencement of the license. Upon that date, the authorized end user agrees to: a) certify that all copies of these data have been destroyed or returned to TTR; or b) complete arrangements with NRCS/TTR to update the data sharing agreement.

    Limited Warranty: The accuracy and completeness of the Data, and the opinions based thereon, are not guaranteed. Every effort has been made to provide accurate data in this package. The authorized end user acknowledges that the Data may contain some nonconformities, defects, errors, and/or omissions. TTR/NRCS do not warrant that the Data will meet authorized end user’s needs or expectations, or that all nonconformities can or will be corrected.

    Liability: Although TTR/NRCS maintains high standards of data quality control, TTR/NRCS makes no warranty as to the fitness of the SE FireMap v.1 data for any purpose, nor that the Data are necessarily accurate or complete. Neither TTR nor NRCS shall be held liable for the accuracy and completeness of these Data, or opinions or conclusions drawn from these Data. TTR nor NRCS are inviting reliance on these Data. The Data utilize remote sensing techniques and are not a replacement for site specific field surveys. Therefore, these Data should not be regarded as a final statement on the biological resources of the location provided, nor should these Data be substituted for on-site surveys.

    TTR/NRCS represents, to the best of its information and belief, that: a) the provision of data does not infringe any statutory or common law copyright or any proprietary right of any third party; b) the provision of data does not invade the right of privacy of any third person or contain any matter libelous or otherwise in contravention of the rights of any third person; and c) the provision of data does not otherwise violate any federal or state statute or regulation. The authorized end user will indemnify and hold TTR/NRCS and its officers and employees harmless against any claims by third parties arising out of the use by authorized end user of the Data provided hereunder.

    Waivers: No failure or delay by TTR, NRCS or the U.S. Department of Justice in enforcing any right under this Agreement shall be construed as a waiver of any future or other exercise of such right by TTR, NRCS or the Department of Justice.

    Remedies: Failure of TTR or NRCS to discover or object to any inappropriate use shall not constitute its consent thereto or waiver its rights. In the event Licensee’s use of the Data and Web Map violates the terms of this License Agreement, NRCS may forbid and enjoin Licensee’s further use of the Data.

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