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BY DOWNLOADING OR USING NJ TRANSIT DATA, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE DATA.

Developer License Agreement and Terms of Use

New Jersey Transit Corporation ("NJ TRANSIT") owns and maintains certain electronic data, including but not limited to rail, bus and light rail schedules, and Alerts and Advisories pertaining to service changes or delays (collectively referred to as "the "NJ TRANSIT Data" or "the Data"). NJ TRANSIT hereby grants you ("Licensee") non-exclusive, limited and revocable rights to use, reproduce, and redistribute the NJ TRANSIT Data subject to the following terms and conditions:

1. Terms of Use

By using the NJ TRANSIT Data, the Licensee agrees to be bound by all of the terms and conditions set forth in this Developer License Agreement and Terms of Use (the "Agreement").

2. Limited License

This license is limited to uses that utilize the NJ TRANSIT Data to assist public transportation (rail, bus or light rail) riders or in furtherance of promoting public transportation.

3. Ownership

All right, title and interest to any copyrights, patents or other intellectual property rights embodied in the NJ TRANSIT 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, trademarks, formulae, processes, trade secrets, ideas, artworks, software or other copyrightable or patentable work, are NJ TRANSIT's sole and exclusive property, except for any pre-existing rights belonging to a third party, which remain solely and exclusively the property of that party.

4. Use of Trademarks or Copyrighted Material Prohibited

Licensee may not use NJ TRANSIT's trademarks or copyrighted materials for any use and may not alter them in any way.

5. Licensee Requirements

You shall:

• Identify NJ TRANSIT as the source of the Data by placing a credit line proximate to any display of the Data. The credit line shall read as follows: "Data provided by NJ TRANSIT, which is the sole owner of the Data."
• Utilize the most recent NJ TRANSIT Data at all times and update within three (3) business days any software, hardware, website or computer relying upon the NJ TRANSIT Data every time new Data are issued.
• Comply with all applicable laws, rules, and regulations in relation to Your receipt and use of the Data.
• Not represent Yourself as NJ TRANSIT, as an agent or partner of NJ TRANSIT, or make any representations, warranties, or guarantees to Third Parties with respect to the Data.
• Not misrepresent the Data.
• Not claim ownership of the Data in any manner, including but not limited to, on Your website, web application, or any other digital product.

6. Binding Effect

None of the rights, duties or obligations under this Agreement may be assigned by you without the express written consent of NJ TRANSIT.

7. No Guarantee or Warrantee of Future Availability of Data

NJ TRANSIT reserves the right to alter and/or no longer provide the Data at any time without prior notice.

8. Indemnification

Licensee agrees to indemnify, defend and hold harmless NJ TRANSIT, its employees, officers, Board members 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.

9. Limitation on Liability

Licensee agrees that NJ TRANSIT and its employees, officers, directors and agents will not be liable to Licensee for damages of any kind arising from the use of the NJ TRANSIT 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.

10. License Fee

NJ TRANSIT does not currently charge a license fee to download the Data. However, NJ TRANSIT reserves the right to institute a license fee at any time in the future without prior notice for all new downloads of the Data.

11. Disclaimer of Warranties

The NJ TRANSIT Data are provided on an "as is" and "as available" basis. The Data will only be provided in General Transit Feed Specification format. NJ TRANSIT disclaims all warranties pertaining to the NJ TRANSIT Data, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

12. Applicable Law and Forum

The laws of the State of New Jersey govern all rights and obligations under this Agreement, without giving effect to any principles of conflicts of laws. Any use of the NJ TRANSIT Data shall be deemed made in the State of New Jersey, USA, regardless of the location of the Licensee. The Licensee agrees that any dispute arising out of any use of the 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.

13. Entire Agreement

This Agreement constitutes the complete and exclusive agreement between NJ TRANSIT and Licensee with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. NJ TRANSIT reserves the right to modify or revoke this Agreement at any time at its sole discretion without notice.

14. No Waiver

Waiver by NJ TRANSIT of strict performances of any provision of this Agreement will not be a waiver of or prejudice NJ TRANSIT's right to require strict performance of the same provision in the future or of any other provision of this Agreement.

15. Disclaimer

No provision of this Agreement, nor any act of the Licensee, or NJ TRANSIT 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 association or relationship involving the Licensee and the NJ TRANSIT.