TransiCast Terms of Service
The TransiCast Web Service (TransiCast) is provided to you only upon the condition that you accept all of the terms contained in these Terms of Service.
Updated October 28, 2013.
1.1 "Service" means the TransiCast as described in the Developer Documentation.
1.2 "Developer Documentation" means the explanatory printed or electronic materials that TransiCast provides on TransiCast's website.
1.3 "You" means you personally (i.e., the individual who reads and is prompted to accept this Agreement) if you acquire the Service for yourself or the company or other legal entity for whom you acquire the Service.
1.4 "Use" means access of the TransiCast web service by You.
2. NO WARRANTY; DISCLAIMER
TransiCast and its licensors make and you receive no express or implied warranties of any kind with respect to the Service and the developer documentation, and you agree that you accept the Service as-is. Any statements or representations about the Service and its functionality in the Developer Documentation or any communication with you constitute technical information and not an express warranty or guarantee. In addition, TransiCast and its licensors specifically disclaim all other warranties including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, no warranty that the operation of the Service will be uninterrupted or error free is given.
3. LIMITATION OF LIABILITY
In no event shall TraniCast or its licensors have any liability for any loss or damages of any kind arising out of or in connection with the Service or Developer Documentation, including but not limited to direct, incidental, special, indirect, or consequential damages, loss of profits, wages, revenue or data, business interruption of or cost of cover. The limitations of liability in this section 3 shall apply to the maximum extend permitted by applicable law to any damages, however caused and regardless of the theory of liability, wether derived from contract, tort (including, but not limited to, negligence), or otherwise, even if TransiCast has been advised of the possibility of such damages and regardless of whether the limited remedies available hereunder fail of the essential purpose.
To the best of Your knowledge any materials or intellectual property created by You are original and do not infringe upon the intellectual property rights of others.
4. DATA LICENSES
As the technical aggregator, TransiCast does not enter licensing agreements with the providers of the transit data provided by the Service. You license the data directly from the originators of this data.
5. LICENSING AND SUBLICENSING
You are not permitted to provide access to the Service to third parties, or re-transmit the Service as Your or any other party's Service unless agreed upon in a sub-licensing agreement between You and TransiCast. Such access shall be governed by a sub-licensing agreement of the Service or the Developer Documentation. Sub-licensing agreement shall be by written consent by TransiCast only.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
All Services and Documentation provided to the U.S. Government are provided with the same commercial license rights and restrictions described elsewhere herein.
7.1 No Assignment; Insolvency. This Agreement and any rights hereunder are non-assignable by You and any purported assignment by You shall be void. The Agreement and the licenses granted hereunder shall terminate without further notice or action by TransiCast if You become bankrupt or insolvent, make an arrangement with Your creditors or go into liquidation.
7.2 Choice of Law. This Agreement and any disputes arising out of or in connection with this Agreement shall be governed by the laws of the State of California, U.S.A, without reference to conflict-of-laws principles and excluding the UN Convention on Contracts for the International Sale of Goods.
7.3 Entire Agreement. This Agreement and the applicable Developer Documentation constitute the entire agreement between us and supersede any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Service and Developer Documentation. Any modifications to this Agreement shall be invalid, unless made in a duly signed writing and signed by a duly authorized representative of TransiCast.
7.4 Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in any other jurisdiction.
7.5 No Waiver. No term or provision hereof will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute a consent to, waiver of or excuse of any other, different or subsequent breach.
7.6 Language. The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations.
7.7 Construction. Ambiguities in this Agreement will not be construed against the drafter.
7.8 Canadian License. If You use this Service in Canada, You agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur desir que cet accord ainsi que tous les documents, y compris tous avis qui s'y rattachent, soient rediges en langue anglaise.
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