By indicating your agreement to the terms and conditions of this license below, by your download or use of the General Transit Feed Specification or GIS shapefiles or Real Time Vehicle Location Data (“Data”) provided by or through Triangle Transit, you agree to comply with and be bound by this License Agreement Terms and Conditions (“Agreement”), as it may be updated or modified by Triangle Transit at any time without notice and in its sole discretion. If you do not consent to be bound by this Agreement, including as updated or modified, do not use or download the Data. By downloading the Data files, you confirm that you have read and agree to the entire Agreement.
READ ALL OF THIS AGREEMENT AND, ONLY IF YOU AGREE TO ALL OF ITS TERMS, THEN INDICATE YOUR AGREEMENT BELOW and you may download the files.
1. GoTransit hereby grants you a non-exclusive, limited and revocable license to use, reproduce and redistribute the Data subject to the terms and conditions set forth in this Agreement. GoTransit retains all title, ownership, rights and interest in and to the Data.
2. GoTransit will make available the Data, and any updates to the Data, to you in electronic form in a time and manner decided solely by GoTransit. Any modification, alteration, combination or arrangement of the Data is solely at your own risk.
3. GoTransit trademarks, tradenames, logos and copyrighted materials, including any confusingly similar variants, may not be used by you in association with the Data. You shall include in any representation of the Data that your product is not sponsored by, affiliated with or operated by GoTransit. You shall include in any representation of the Data a statement including the date the Data was last updated.
4. YOU AGREE THAT THE DATA IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Triangle Transit does not warrant that the Data will be available at any given, time, secure, accurate or free of error. You use the Data at your own risk, and you assume the risk that the Data may provide incorrect information to you, your agents, employees, customers, and assigns, as well as the risk that any Data downloaded by you may cause loss of data or damage to your computer system. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL GOTRANSIT AND ITS PARTICIPATING TRANSIT AGENCIES AND THEIR OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, AND TO WAIVE ANY CLAIM AGAINST THESE PARTIES, EVEN IF GOTRANSIT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE DATA. YOU AGREE THAT YOU AND GOTRANSIT INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
5. GoTransit may in its sole discretion terminate this Agreement or alter or discontinue the publication and distribution of the Data at any time generally or specifically to you without notice to you.
6. To the extent permitted by law, you agree to indemnify, defend and hold harmless GoTransit and its participating transit agencies and their officers, directors, employees and contractors from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Data.
7. The laws of the State of North Carolina shall govern all rights and obligations under this Agreement, without giving effect to any principles of conflicts of laws. The parties agree that the federal and state courts located in Durham, North Carolina shall have exclusive jurisdiction over any and all disputes under or relating to this Agreement.
8. The Agreement constitutes the complete agreement between GoTransit and you with respect to the subject matter hereof. The invalidity of any provision of this Agreement will not affect the validity of any other provision. Waiver by GoTransit of strict performance of any provision of this Agreement will not be a waiver of or prejudice GoTransit’s right to require strict performance of the same provision in the future or any other provision of this Agreement.