License Agreement
BY DOWNLOADING OR USING TRANSCOM DATA,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU
UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE
DATA.
Travel Time & Congestion Data License Agreement and Terms of Use
TRANSCOM, Inc. ("TRANSCOM"), a New
Jersey not for profit corporation, on behalf of its Member
Agencies (list attached), owns and maintains certain electronic
data, including but not limited to link data (including both speed
and travel times) that are collected on select roadways within the
29-county region (list attached) served by TRANSCOM (collectively
referred to as "the "TRANSCOM Travel Time & Congestion Data"
or "the Travel Time & Congestion Data"). TRANSCOM hereby
grants you ("Licensee") non-exclusive, limited and revocable
rights to use, reproduce, and redistribute the TRANSCOM Travel
Time & Congestion Data subject to the following terms and
conditions:
1. Terms of Use
By downloading or using the TRANSCOM
Travel Time & Congestion Data, the Licensee agrees to be bound
by all of the terms and conditions set forth in this Travel Time
& Congestion Data License Agreement and Terms of Use (the
"Agreement").
2. Limited License
The licensee may redistribute,
enhance, repackage, edit or otherwise add value to the TRANSCOM
Travel Time & Congestion Data. All changes to the Travel Time
& Congestion Data are at the sole risk of the Licensee.
3. Use of Trademarks or Copyrighted Material Prohibited
Licensee may not use TRANSCOM or its
Member Agencies’ trademarks or copyrighted materials in any way
and may not alter them.
4. Licensee Requirements
Licensee is encouraged to:
- Submit a request to TRANSCOM outlining Licensee’s planned products to be developed with the Travel Time & Congestion Data
- Submit to TRANSCOM, on a quarterly basis, estimated numbers of users of Licensee’s application(s) and usage as determined by submitted data usage requests to the Licensee. Possible usage examples include: page views, downloads, and/or calls.
- Notify TRANSCOM of possible issues with the Event Data feed. TRANSCOM is committed to maintaining a cooperative working relationship with all Event Data Licensees to maximize the benefits to the public. TRANSCOM will make all reasonable efforts to notify Licensee in cases of both expected and unexpected changes in the operational status of the system.
TRANSCOM
reserves the right to disapprove unacceptable uses, such as those
that are offensive or in bad taste, on a case-by-case basis.
5. No Guarantee or Warranty of Future Availability of Data
TRANSCOM reserves the right to alter
all aspects of the data feed and content and/or no longer provide
the Travel Time & Congestion Data at any time without prior
notice.
6. Indemnification
Licensee agrees to indemnify, defend
and hold harmless TRANSCOM, its Member Agencies and their
employees, officers, Board members and consultants and agents,
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 Licensee's use of the Travel
Time & Congestion Data, including under any assignment or
sublicense, and including any action by Licensee under Paragraph 2
of this license agreement.
7. Limitation on Liability
Licensee agrees that TRANSCOM and its
Member Agencies and their employees, officers, Board members and
consultants and agents will not be liable to Licensee for damages
of any kind arising from the use of the TRANSCOM Travel Time &
Congestion Data including but not limited to direct, indirect,
incidental, punitive or consequential damages regardless of
whether such damages arise based upon contract, negligence, strict
liability in tort, warranty or other legal theory.
The validity of any term or provision
of the Agreement will not affect the validity of any other
provision set forth herein.
8. License Fee
There is no fee associated with the
TRANSCOM Travel Time & Congestion Data Feed and License.
9. Disclaimer of Warranties
The Licensee is cautioned that
TRANSCOM makes no warranty as to information availability or data
accuracy, type or format, timeliness or appropriateness for
Licensees’ requirements.
The TRANSCOM Travel Time &
Congestion Data is provided on an "as is" and "with all faults"
basis. Licensee assumes all risks with regard to its use of Travel
Time & Congestion Data including those related to quality and
accuracy, performance of the data, timeliness of the data and
changes thereto, and appropriateness of the Travel Time &
Congestion Data to Licensee’s requirements. TRANSCOM makes, and
the Licensee receives, no warranty regarding provided data,
whether express or implied, and all warranties of merchantability
and fitness of provided data for any particular purpose are
expressly disclaimed. TRANSCOM makes no warranty that the
information will be provided in an uninterrupted manner or that
the provided data will be free of errors.
The Licensee acknowledges and agrees
to this disclaimer in its use of the Travel Time & Congestion
Data and shall include this disclaimer in any distribution of the
Travel Time & Congestion Data to third parties or the public,
including any assignee or sub licensee, in any form.
10. Applicable Law and Forum
The laws of the State of New Jersey
govern all rights and obligations under this Agreement, without
giving effect to any conflicts of law provisions or principles.
Any use of the TRANSCOM Travel Time & Congestion Data shall be
deemed made in the State of New Jersey, USA, regardless of the
location of the Licensee, any approved assignee or sub licensee or
other user of the Travel Time & Congestion Data. The Licensee
agrees that any dispute arising out of any use of the Travel Time
& Congestion Data or this Agreement shall be brought
exclusively in the state courts situated in the State of New
Jersey. The Licensee hereby agrees that such venue is appropriate.
11. Entire Agreement
This Agreement constitutes the
complete and exclusive agreement between TRANSCOM and Licensee
with respect to the subject matter hereof and supersedes all prior
oral or written understandings, communications, or agreements not
expressly incorporated herein. TRANSCOM reserves the right to
modify or revoke this Agreement at any time at its sole discretion
without prior notice.
12. Disclaimer
No provision of this Agreement, nor
any act of the Licensee, or TRANSCOM shall be deemed or construed
by either of the parties, or by third persons, to create any
relationship of third party beneficiary, or of principal or agent,
or of limited or general partnership, or of joint venture, or of
any other business association or relationship involving the
Licensee or TRANSCOM, other than that of Licensor and Licensee
pursuant to the terms of the License Agreement.
13. Format of the Event Data Feed
The formats of this data can be found
in the documentation provided on this site after your registration
has been processed.
TRANSCOM Member Agencies
| ·Connecticut Department of Transportation | ·New York City Department of Transportation |
| ·Metropolitan Transportation Authority | ·New York City Police Department |
| ·MTA - Bridges and Tunnels | ·New York State Bridge Authority |
| ·MTA - New York City Transit | ·New York State Department of Transportation |
| ·New Jersey Department of Transportation | ·New York State Police |
| ·New Jersey Transit | ·New York State Thruway Authority |
| ·New Jersey State Police | ·Port Authority Trans-Hudson Corp (PATH) |
| ·New Jersey Turnpike Authority | ·The Port Authority of New York and New Jersey |
TRANSCOM 29-County Region
| New Jersey | New York | Connecticut |
| Hudson | New York | Fairfield |
| Essex | Kings | New Haven |
| Union | Queens | Hartford |
| Bergen | Richmond | |
| Passaic | Bronx | |
| Middlesex | Westchester | |
| Mercer | Rockland | |
| Monmouth | Suffolk | |
| Morris | Nassau | |
| Somerset | Putnam | |
| Ocean | Dutchess | |
| Warren | Orange | |
| Hunterdon | ||
| Sussex |
XCMDA: LinkDataTOS (last edited 2010-09-28 20:37:12 by pool-72-83-153-44)
