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.
Event 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 Incident, Construction and
Special Events data (pertaining to both highway and transit
organizations) concerning events that occur within the 29-county
region (list attached) served by TRANSCOM (collectively referred
to as "the "TRANSCOM Event Data" or "the Event Data"). TRANSCOM
hereby grants you ("Licensee") non-exclusive, limited and
revocable rights to use, reproduce, and redistribute the TRANSCOM
Event Data subject to the following terms and conditions:
1. Terms of Use
By downloading or using the TRANSCOM
Event Data, the Licensee agrees to be bound by all of the terms
and conditions set forth in this Event 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 Event Data.
All changes to the Event Data as provided by TRANSCOM 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 using the Event 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 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 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 Event 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 Event 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 Licensee’s
requirements.
The TRANSCOM Event Data is provided on
an "as is" and "with all faults" basis. Licensee assumes all risks
with regard to its use of the Event Data including those related
to as to quality and accuracy, performance of the data, timeliness
of the Data and changes thereto, and appropriateness of the Event
Data to Licensee’s requirements. TRANSCOM makes, and the
Licensee receives, no warranty regarding the Event 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 Event Data and shall include
this disclaimer in any distribution of the Event Data to third
parties or the public, including any assignee or sub licensee, in
any form.
10. Applicable Law and Forum
The law of the State of New Jersey
governs all rights and obligations under this Agreement, without
giving effect to any conflicts of law provisions or principles.
Any use of the TRANSCOM Event Data shall be deemed made in the
State of New Jersey, USA, regardless of the location of the
Licensee, any assignee or sub licensee or other user of the Event
Data. The Licensee agrees that any dispute arising out of any use
of the Event 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 this License Agreement.
No third party beneficiaries are
created by this 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: EventDataTOS (last edited
2010-09-28 20:30:07 by pool-72-83-153-44)
