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.
- 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.
- 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.
- 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.
- 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.
- 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.