REAL TIME TRAFFIC INFORMATION, CONSTRUCTION INFORMATION, AND MAP IMAGES LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY BEFORE ACCESSING THIS WEB SITE

By accessing this web site you agree to the following terms and conditions

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE REAL-TIME TRAFFIC INFORMATION, CONSTRUCTION INFORMATION, OR MAP IMAGES PROVIDED ON THIS WEB PAGE.

1. GRANT OF LICENSE. The Missouri Department of Transportation (“Owner”) provides the Real-Time Traffic Information, Construction Information, and map images (the “Products”) on this web-page to you free of charge. Owner grants you a non-transferable, non-exclusive license to use the Products for your personal or business use. You do not receive any, and Owner and/or Owner's licensor retains all, ownership rights in the Products. The Products are copyrighted and you shall not alter or remove any copyright notice or proprietary legend contained in or on the Products.
2. WARRANTY DISCLAIMER. Owner provides the Products, and you receive the Products, on an “AS IS” and “WITH ALL FAULTS” basis. OWNER AND OWNER'S LICENSOR EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, EFFECTIVENESS, COMPLETENESS, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY OWNER OR ANY OF ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.
3. LIMITATION OF LIABILITY. IN NO EVENT SHALL OWNER, OR OWNER'S LICENSOR, BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE. OWNER AND OWNER'S LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF OWNER OR OWNER'S LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF OWNER'S WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OWNER'S AND OWNER'S LICENSOR'S LIABILITY SHALL NOT EXCEED $1.00.
4. MISCELLANEOUS. This is the exclusive agreement between Owner and you regarding its subject matter. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice under this Agreement shall be delivered by U. S. certified mail, return receipt requested, or by overnight courier to Owner at Missouri Highways and Transportation Commission, P.O. Box 270, Jefferson City, MO 65102. If you violate or breach this Agreement in any way, this Agreement is immediately terminated without the need for notice or judicial action. In the event of such termination you shall destroy any and all copies of the Products, including those copies on your computer hard drive, and you shall no longer access the Products on this web-page. This Agreement and all aspects of the relationship between Owner and You shall be construed and governed in accordance with the internal laws of the state of Missouri.
5. U.S. GOVERNMENT RIGHTS. If you are an agency, department, or other entity of the United States Government (“Government”), your use, duplication, reproduction, release, modification, disclosure or transfer of the Products are restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202 for military agencies. Use of the Products by any Government agency, department, or other entity of the Government, is further restricted in accordance with the terms of this License, or any modification hereto. Contractor/manufacturer is The Missouri Department of Transportation. The Products are � 2002 by Tele Atlas North America, Inc. or Missouri Department of Transportation. ALL RIGHTS RESERVED.