Real-time Usage Agreement
This Usage Agreement ("Agreement") is entered into between the Pioneer Valley Transit Authority ("PVTA") and you ("User"). This Agreement governs the use by you and third parties of electronic data owned and maintained by PVTA, including, but not limited to bus schedule, route information, and other transit data (collectively, "PVTA Data"). The real-time transit data is available for general usage.
1. Limited Usage
1.1 PVTA grants User a limited, non-exclusive, non-assignable, non-transferable, and revocable license to use, reproduce, and distribute PVTA Data as provided by PVTA for the sole purpose of assisting mass transportation riders or in furtherance of promoting public transportation.
1.2 PVTA will make PVTA Data available to User through an Application Programming Interface ("API"), data feed, or other method that allows User to receive PVTA Data and use it in User’s own application, technology, website, feature, product, or service, etc. (collectively and each, an "Application") including any code therein. User must maintain compatibility with PVTA’s API, data feed, or other method allowing receipt of PVTA Data, as updated from time to time.
1.3 Except as expressly provided in this Agreement, PVTA Data may not be copied, reproduced, downloaded, or distributed in any manner, in whole or in part, without the express permission of PVTA.
1.4 PVTA reserves the right to alter the terms of this Agreement at any time without notice.
1.5 PVTA reserves the right at any time and from time to time to modify, suspend, or terminate PVTA Data (or any part thereof), temporarily or permanently, with or without notice to User. User agrees that PVTA will not be liable to PVTA for any modification, suspension, or discontinuance of PVTA Data.
1.6 By using, reproducing, or distributing PVTA Data, User agrees to be bound by this Agreement. IF User DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, User MAY NOT USE PVTA DATA.
1.7 User represents and warrants that it has full legal authority to enter into this Agreement.
1.8 Under no circumstances should the User or User’s Application disseminate any PVTA "Personally Identifiable Information".
2. Ownership of PVTA Data
2.1 User acknowledges that PVTA owns all rights in PVTA Data, including, without limitation, any changes that User makes to PVTA Data, and User does not acquire any rights in PVTA Data by virtue of User’s use of PVTA Data under this Agreement or otherwise.
2.2 User agrees not to challenge, directly or indirectly, PVTA’s rights in PVTA Data or assert any right, title, or interest in or to PVTA Data or assist any third party in doing so.
3. User’s Use of PVTA Data
3.1 User and User’s Application must clearly acknowledge PVTA as the source of PVTA Data.
3.2 User and User’s Application must not express or imply any affiliation or relationship with or sponsorship of or endorsement by PVTA. User may not make any representation that it is PVTA or an agent or partner of PVTA, or any representations, warranties, guarantees to third parties with respect to PVTA Data.
3.3 User must comply with all applicable laws, rules, and regulations in relation to User’s use of PVTA Data.
3.4 User must not misrepresent PVTA Data.
3.5 User must not sell, auction, barter, or in any way transfer any PVTA Data separate from this Agreement.
3.6 User may cache PVTA Data it receives from PVTA in order to improve User’s Application’s user experience, but User agrees to take reasonable efforts to keep the PVTA Data up to date.
3.7 User agrees to cooperate with PVTA and provide PVTA with specimens of use of PVTA Data promptly upon PVTA’s request.
4. Copyrights and Trademarks
4.1 All uses of PVTA Data by User inure to the sole benefit of PVTA to the extent they relate to intellectual property and other proprietary rights owned by PVTA.
4.2 All right, title, and interest in and to patents, copyrights, trademarks, and other intellectual property and ownership rights embodied in PVTA Data, including, but not limited to, any new or useful art, discovery, improvement, technical development or invention, whether or not patentable, and all related know-how, designs, mask works, formulae, processes, trade secrets, ideas, artwork, software, hardware, graphics, layout, and modules, are PVTA’s sole and exclusive property and are protected from unauthorized use, copying, and distribution by U.S. and international laws, regulations, and international treaties.
4.3 All trademarks, service marks and trade names of PVTA used herein are trademarks or registered trademarks of PVTA and may not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits PVTA.
5. No Guarantee or Warranty of Availability of PVTA Data
5.1 PVTA does not guarantee or represent that PVTA Data will always be accurate, complete, or current, or that access to PVTA Data will be continuous and uninterrupted.
5.2 PVTA reserves the right at any time and from time to time to discontinue posting PVTA Data (or any part thereof), temporarily or permanently, with or without notice to User.
5.3 User agrees that PVTA will not be liable to User for any modification, suspension, or discontinuance of the availability of PVTA Data.
5.4 PVTA reserves the right to alter, correct, and modify PVTA Data at any time without prior notice to User.
6. Disclaimer of Warranties
6.1 PVTA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
6.2 PVTA IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE THIRD PARTY CONTENT, APPLICATIONS AND/OR MATERIALS INCORPORATING PVTA DATA THAT MAY BE MADE AVAILABLE FROM TIME TO TIME ON WWW.PVTA.COM OR ELSWHERE (COLLECTIVELY, THE “PVTA WEB SITE”) (EVEN IF THE PVTA WEB SITE PROVIDES A LINK TO OR OTHERWISE ADVERTISES SUCH THIRD PARTY CONTENT, APPLICATIONS AND/OR MATERIALS) AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY PERSON OR ENTITY THAT MAY USE OR RELY ON SUCH THIRD PARTY CONTENT, APPLICATIONS AND/OR MATERIALS, EVEN IF THEY INCORPORATE PVTA DATA, FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CLAIM OF ANY KIND BASED UPON OR RESULTING FROM SUCH THIRD PARTY CONTENT, APPLICATIONS AND/OR MATERIALS.
6.3 User acknowledges and agrees that PVTA Data is provided on an “as is”, “as available”, and “with all faults” basis. PVTA does not warrant that PVTA Data will be secure, accurate, current, complete, free of error, or available at any given time.
6.4 User will use PVTA Data at User’s own risk and assumes the risk that PVTA Data may provide incorrect information, as well as the risk that PVTA Data may cause loss of data or damage to User’s computer systems or software.
6.5 PVTA and its employees, officers, directors, and agents will not be liable for damages, claims, or losses of any kind arising from the use of PVTA Data, the inability to use PVTA Data, or the loss of PVTA Data including but not limited to direct, indirect, incidental, punitive, and consequential damages irrespective of whether PVTA had been informed of, knew of, or should have known of the likelihood of such damages, claims, or losses.
7.1 User agrees to indemnify, defend, and hold harmless PVTA and its officers, directors, and employees 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 this Agreement or User’s use of PVTA Data.
7.2 User agrees not to settle any claim, action, or lawsuit related to User’s use of PVTA Data without the prior written consent of PVTA.
7.3 User agrees that PVTA will have the right, but not the obligation, to participate in any claim, action, or lawsuit for which User has an indemnification obligation under this Agreement.
8.1 PVTA reserves the right to terminate this Agreement immediately and without notice if, in PVTA’s sole judgment, User is in breach of this Agreement.
8.2 Termination actions available to PVTA include, but are not limited to, disabling User’s Application, restricting User’s access to PVTA Data, terminating this Agreement, or any other action as PVTA in its sole discretion deems appropriate.
8.3 Upon any termination or expiration of this Agreement, User will promptly delete all PVTA Data from User’s Application, computer systems, or other storage devices. User agrees to certify in writing that it has performed its obligations under this section if PVTA requests a certification.
9.1 User may not assign any right or delegate any duty or obligation under this Agreement without the express written consent of PVTA.
9.2 If User is acquired by or merges with a third party, User can continue to use PVTA Data within User’s Application subject to the terms of this Agreement, but User may not transfer PVTA Data outside User’s Application.
10. Severability and Waiver
10.1 If any provision of this Agreement is held invalid, illegal, or unenforceable, for any reason by any court of competent jurisdiction, such provision shall be severed from this Agreement and the remaining provisions shall continue in full force and effect as if this Agreement had been executed without the invalid, illegal, or unenforceable provision.
10.2 Waiver by PVTA of strict performance of any provision of this Agreement will not be a waiver of or prejudice PVTA's right to require strict performance of the same provision in the future or of any other provision of this Agreement.
11. Entire Agreement
11.1 These terms constitute the entire License Agreement between User and PVTA and governs User’s use of PVTA Data, superseding any prior Agreements between User and PVTA. PVTA reserves the right to modify or revoke this Agreement at any time.
12. Applicable Law
12.1 This Agreement shall be interpreted and enforced under the laws of the Commonwealth of Massachusetts and venue and jurisdiction in any dispute shall be in the Superior Court for Hampden County.
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