Routely Mobile Application End User License Agreement

Last Updated: June 4, 2021

This end user license agreement governs your use of the mobile application identified above (the “Agreement”) and is provided to you by Arity, LLC (“Arity, Us, Our, or We”). The mobile application includes without limitation its text, graphics, interfaces, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, and other components (collectively, the “Application”). You accept this Agreement by either (a) clicking to agree to this Agreement, where this option is available; or (b) using the Application, in which case you are agreeing to be bound by this Agreement.

Unless expressly stated, this Agreement does not modify any other terms set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider (“Application Marketplace Provider”).To the extent necessary for this Agreement to comply with Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement (“Apple’s Minimum Terms”), Apple’s Minimum Terms are hereby incorporated into this Agreement.

Arity reserves the right, at its discretion, to modify this Agreement at any time. If you do not agree to this Agreement as modified, you must stop using the Application. Your continued use of the Application following the posting of any changes to this Agreement constitutes your acceptance of those changes. This Agreement governs any updates to the Application that replace or supplement the original version unless such update is accompanied by a separate agreement, in which case that agreement will govern.

Your right to use the Application terminates automatically if you violate this Agreement.

You and Arity acknowledge that this Agreement is entered into between you and Arity, and not between you and any Application Marketplace Provider. You further acknowledge that Arity is solely responsible for the Application.

License

Arity grants you a revocable, limited, non-transferrable, non-exclusive license to use the Application on any compatible device that you own or control and as permitted by all applicable terms set forth in any applicable application marketplace.

Age Requirement

If you are under the age of 18, you must review this Agreement with your parent or legal guardian to ensure that you and your parent or legal guardian understand and accept this Agreement. If you are under the age of 16, you are not permitted to use the Application.

Data Collection and Use of Data by Arity

The Application collects a sampling of data that begins when motion is detected over a certain distance and data collection stops when motion is no longer detected for a specified amount of time. Location services must be enabled in the Application and on your device in order to collect data. Data from the Application is uploaded and transmitted to Arity. Data captured includes, but is not limited to, trip start and end time, miles, acceleration, braking behavior, cornering, speed, and indications of phone use such as incoming and outgoing call status during a trip. In addition, the Application captures trip route information (GPS enabled) and mobile device information, including IMEI and operating system data available to the Application. Data may continue to be collected until permissions that enable data collection are disabled or the Application is removed from your device. If you wish for the Application to stop collecting data, you must disable permissions that enable data collection, or uninstall the Application from your device.

To facilitate accurate data collection, you are responsible for ensuring that the most current version of the Application is installed on your device.Arity collects and combines data for the purpose of determining driving behavior as well as other forms of analysis and risk evaluation. Your acceptance of this Agreement permits the use of all past and future data gathered since the first installation of the Application.

Arity may also perform research and analysis on user behavior within the Application and by using data collected from the Application. In Arity’s discretion, Arity may add in-development features and functionality for testing purposes to the Application in order to perform such research.

Sharing of Information with Third Parties

Arity may work with other companies to provide you with services and benefits. The following third parties may receive data collected from the Application as part of providing insurance program-related services to you: insurance companies, insurance agencies, and if you are participating as a driver in your employer’s usage-based commercial insurance program, your employer. The following third parties may receive data collected from the Application as part of providing services to Arity in support of Arity’s delivery of insurance program-related services to you: insurance companies, insurance agencies, vehicle manufactueres, dealers, content providers, equipment and software manufacturers, distributors, content providers, and if you are participating as a driver in your employer’s usage-based commercial insurance program, your employer. The following third parties may receive data collected from the Application as part of providing you non-insurance program-related services: emergency personnel, towing companies, vehicle manufacturers, delaers, rewards platform administrators, and content providers.  These third parties are collectively referred to in this Agreement as “Service Providers”. If any of the Service Providers impose additional terms and conditions on the services they provide to you, those terms and conditions will be conveyed to you by those Service Providers.

Where legally permissible and available, Arity may offer additional products and services that utilize driving information, including your identity and location. Arity may use or share this data with third parties to develop and provide those services to you. We will ask for your consent before using personally identifiable information for a purpose other than those that are set out in this Agreement. In New York, customers of insurance programs may only receive services necessary to provide insurance to those customers, so that Service Providers with whom data collected from the Application may be shared with is accordingly limited.

In addition, Arity expects to use data collected from the Application to develop new products and services and to provide, maintain and improve existing products and services. In the process, Arity may share data with affiliated companies. Arity may also share data with third parties in a manner where it is anonymized, aggregated, or both, for any lawful purpose. For all personal information that can reasonably be aggregated and/or anonymized, Arity will take steps to do so before sharing with unaffiliated third parties. This means that Arity will take steps to alter that personal information such that it can’t reasonably be used to identify you or relate the information back to you.

For any personal information that cannot be completely aggregated and/or anonymized, Arity will de-identify the information before sharing it. This means the information will no longer reference or be linked directly to you by your name, account number, address, or unique vehicle or device identifier. Additionally, before sharing such de-identified information with unaffiliated third parties, Arity contractually requires that they will not take any steps to identify you or relate your de-identified personal information back to you, and strictly limits the purposes for which they can use the de-identified information.

Use of Information by  Insurance Companies

The Application is intended to support programs and services offered by Arity, which include the collection of driving related data. If you participate in a program offered by an insurance company that requires the collection of driving related data via the Application, Arity may share any data collected by the Application with that insurance company. If your employer participates in a program offered by its insurance company that requires the collection of driving related data via your use of the Application, Arity may share any data collected by the Application with the insurance company. Arity may also share with your employer data regarding the miles you drive for your employer for the limited purpose of allowing your employer to use such data in a program offered by its insurance company that requires the collection of such driving data. The insurance company may use the driving data for business purposes which are described in the insurance company’s privacy policy.

Your Access to Data

You may request access to the data collected by the Application, and Arity will provide you with the requested data so long as the request meets what Arity determines to be a legitimate need related to the operation of a motor vehicle and is appropriately reasonable in scope. Arity may reject requests that are unreasonably repetitive, require technical effort disproportionate to any use of the information, or would be impractical.

Disclosure to Third Parties

Arity may be required by law to disclose data collected by the Application to third parties, and all data may be deemed discoverable by third parties and used in accident investigations, litigation or both. You or Arity may be legally required to provide the data to third parties and their legal counsel. You should not expect to retain any privacy or confidentiality related to the use of the data captured through the Application.

Certain data may also be exposed via internal and external application programming interfaces. You hereby expressly consent that Arity may disclose to third parties any data necessary to respond to claims of violation of the rights of third parties and to protect Arity’s rights or property.

Wireless Service

The Application transmits data via your wireless carrier or an accessible Wi-Fi network. Arity is not responsible or liable for any data charges associated with the use of the Application. The service may occasionally be restricted, interrupted or discontinued due to conditions including, but not limited to: application design, network coverage, government regulation, or other situations beyond Arity’s control.

Location-Based Services

The Application transmits data regarding your GPS location. If you turn off location services for the Application or your device, GPS data will not be captured and the Application functions will not operate effectively.

Ownership of Arity Intellectual Property and Data

The Application, including all text, graphics, user and visual interfaces, trademarks, logos, computer code, documentation and other content (collectively, the “Content”), is the exclusive property of Arity or Arity’s affiliates and is protected by copyright, trademark and other intellectual property laws. Further, you acknowledge and agree that Arity or its affiliates owns the data gathered by the Application.

In the event of a third party claim that the Application or your possession or use of the Application infringes that party’s intellectual property rights, you and Arity acknowledge that Arity, and not any Application Marketplace Provider, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

Use Restrictions

You shall not and shall not permit others to:

(a) interfere with the operation of Application or another’s use of the Application;

(b) introduce any viruses, worms, malware, trojans, or other malicious or disruptive code;

(c) impersonate any person or entity, provide false information required for obtaining access to the Application;

(d) reverse engineer, decompile, or otherwise attempt to derive source code of the software that powers the Application;

(e) create or use any script or automated tool that attempts to create multiple ways to access or use the Application;

(f) attempt to gain unauthorized access to the Application or any computer system used to provide the Application, circumvent any access restriction or security measures with respect to the Application, or disclose your access information or otherwise give access to the Application to any third party;

(g) tamper, alter, modify, change, disassemble, reverse engineer, copy, or duplicate in any manner the Application or its associated code.

If you do any of the above or otherwise violate this Agreement, your license to use the Application will terminate effective immediately. You may also be removed and banned by the Service Provider from any or all rewards and service or product offerings, and you may forfeit all premium adjustments, rewards or offerings earned by you from the Service Provider. In addition, you may be subject to legal action and may be denied future participation in any products distributed by Arity.

Support Services

The Application is provided “as is.” Arity, the Application Marketplace Providers and the Service Providers are not responsible for providing any maintenance or support services for the Application.

Disclaimers, Limitations, Exclusions and Indemnity

(New York Policyholders Please See “New York Addendum” Below)

The Application is provided on an “as is,” “without any warranty,” and “without any liability” basis. Arity does not guarantee the quality, accuracy, completeness, or timeliness of the Application and, to the maximum extent permitted by law, Arity expressly disclaims any warranty of any kind with respect to the Application, including regarding its availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, or non-infringement. To the maximum extent permitted by law, Application Marketplace Providers shall have no warranty obligations whatsoever with respect to the Application.

To the extent Arity has any liability under this Agreement, Arity’s liability shall be limited to the direct property damage caused solely by the Application to your device on which the Application is installed. To the maximum extent permitted by law, neither Arity, the Application Marketplace Providers nor the Service Providers will be liable for any other direct, indirect, special, incidental, exemplary, punitive, or consequential damages arising out of, related to or in connection with the Application, or the use of the Application, whether based in contract, tort, negligence, strict liability or otherwise, even if Arity has been advised of the possibility of such damages. You shall not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from Arity, the Application Marketplace Providers or the Service Providers outside of the terms and conditions set forth in this Agreement. You must file any lawsuit or other action directed against Arity, its affiliates, Application Marketplace Providers, or Service Providers regarding such damages within one year from the date of the event that caused the damage. Some jurisdictions may not permit some of the above disclaimers, limitations, and exclusions, in which case those non-permitted disclaimers, limitations, and exclusions would not apply to you.

You hereby agree to indemnify, defend, and hold harmless Arity, the Application Marketplace Providers and the Service Providers from and against all claims, losses, expenses, damages, or costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorneys’ fees resulting directly or indirectly from or arising out of your use of the Application, or your violation of this Agreement.

New York Addendum

Disclaimers, Limitations, Exclusions and Indemnity

The Application is provided on an “as is,” “without any warranty,” and “without any liability” basis. Arity does not guarantee the quality, accuracy, completeness, or timeliness of the Application and, to the maximum extent permitted by law, Arity expressly disclaims any warranty of any kind with respect to the Application, including regarding its availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, or non-infringement. To the maximum extent permitted by law, Application Marketplace Providers shall have no warranty obligations whatsoever with respect to the Application.

To the maximum extent permitted by law, except for instances of gross negligence, neither Arity, the Application Marketplace Providers nor the Service Providers will be liable for any other direct, indirect, special, incidental, exemplary, punitive, or consequential damages arising out of, related to or in connection with the Application, or the use of the Application, whether based in contract, tort, strict liability or otherwise, even if Arity has been advised of the possibility of such damages. You shall not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from Arity, the Application Marketplace Providers or the Service Providers outside of the terms and conditions set forth in this Agreement. You must file any lawsuit or other action directed against Arity, its affiliates, Application Marketplace Providers, or Service Providers regarding such damages within 2 years of the date of the act complained of or the date of the discovery of the damage. Some jurisdictions may not permit some of the above disclaimers, limitations, and exclusions, in which case those non-permitted disclaimers, limitations, and exclusions would not apply to you.

You hereby agree to indemnify, defend, and hold harmless Arity, the Application Marketplace Providers and the Service Providers from and against all claims, losses, expenses, damages, or costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorneys’ fees resulting directly or indirectly from or arising out of your use of the Application in violation of the Use Restrictions in this Agreement.

 

Privacy Statement

For an explanation of how Arity collects, uses and shares information and data, please refer to Arity’s privacy statement at http://www.arity.com/privacy/. You agree to the collection, use and sharing of information and data you provide to Arity in accordance with this Agreement and Arity’s privacy statement.

Product Claims

Subject to the terms and conditions contained herein, you and Arity acknowledge that Arity, and not any Application Marketplace Provider, is responsible for addressing any of your claims or the claims of any third party relating to the Application or your possession and/or use of the Application.

Legal Compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties such as the Office of Foreign Assets Control (OFAC) list.

Third Party Beneficiary

You and Arity acknowledge and agree that the applicable Application Marketplace Provider and its subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, the applicable Application Marketplace Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

General Terms

The Application may only be used in the United States. Arity makes no representation that the materials in the Application are appropriate or available for use outside of the United States.

If any provision of this Agreement is held invalid, void or unenforceable, then that provision is considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

Arity’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such provision, or any other provision in this Agreement.

You shall comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application.

Developer Contact

If you have any questions, complaints or other inquiries, please contact Arity at info@arity.com.

Attribution

Content provided to you through the Application may contain the developments and data of third-party rights holders. The terms and restrictions of this Agreement to do not apply to the developments and data of third-party rights holders identified below. Arity acknowledges the third-party developments of the following:

(1) United States Census Bureau

Data available from: https://www2.census.gov/geo/tiger/TIGER2016/AREAWATER/

Data available from: http://www.census.gov/geo/maps-data/data/tiger.html

Data available from: https://www.census.gov/geo/maps-data/data/gazetteer2010.html

(2) City of Chicago

Data available from: https://data.cityofchicago.org/Parks-Recreation/Waterways/bat8-9fui

City of Chicago Disclaimer: “This site provides applications using data that has been modified for use from its original source, www.cityofchicago.org, the official website of the City of Chicago.  The City of Chicago makes no claims as to the content, accuracy, timeliness, or completeness of any of the data provided at this site.  The data provided at this site is subject to change at any time.  It is understood that the data provided at this site is being used at one’s own risk.”

(3) Municipality of Anchorage (MOA)

Data available from: http://gis.muni.org/GISDownloads/shape_download/railroad_shp.zip

 

“Data provided courtesy of MOA”

(4) NJ TRANSIT, GIS-Transportation and NJ Office of Information Technology (NJOIT), Office of Geographic Information Systems (OGIS)

Data available from: https://njgin.state.nj.us/NJ_NJGINExplorer/ShowMetadata.jsp?docId=08F89F84-C590-47D3-96A0-378F3BD70DB2

(5) Delaware Valley Regional Planning Commission

Data available from: https://www.opendataphilly.org/dataset/dvrpc-passenger-rail

(6) © Copyright North Central Texas Council of Governments.

Data available from: http://rdc.nctcog.org/Members/Topic.aspx?id=12

Data, products, and services contained herein are copyright North Central Texas Council of Governments (NCTCOG).  North Central Texas Council of Governments was used in the preparation of this product.

(7) Utah Automated Geographic Reference Center and Utah Transit Authority

Data available from: https://gis.utah.gov/data/transportation/transit/

This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. AGRC provides these data in good faith and shall in no event be liable for any incorrect results, any lost profits and special, indirect or consequential damages to any party, arising out of or in connection with the use or the inability to use the data hereon or the services provided. AGRC shall not be held liable for any third party’s interpretation of data provided by AGRC. AGRC provides these data and services as a public service. AGRC reserves the right to change or revise published data and/or these services at any time.

(8) US Department of Transportation: Bureau of Transportation Statistics

Data available from: https://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/national_transportation_atlas_database/2012/zip/rail.zip

 

(9) Acknowledgement of the Federal Railroad Administration

Data available from: http://osav.usdot.opendata.arcgis.com/datasets?keyword=Rail

(10) Atlanta Regional Commission, Atlanta Streetcar, Atlantic Station Shuttle, Buc Shuttle, Cherokee Area Transportation System, Cobb Community Transit, Georgia Regional Transportation Authority, Georgia Tech, Gwinnet County Transit, and Metropolitan Atlanta Rapid Transit Authority, 2016.

Data available from: http://arc-garc.opendata.arcgis.com/datasets/transit-routes-2016?geometry=-89.571%2C33.019%2C-84.385%2C34.616

Such data is provided to you AS IS without further warranty under the terms of the following license:

Creative Commons Attribution 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License (“Public License”). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter’s License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  9. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  10. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  11. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part; and
      2. produce, reproduce, and Share Adapted Material.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
  2. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material (including in modified form), You must:
      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter’s License You apply must not prevent recipients of the Adapted Material from complying with this Public License.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

(New York Policyholders Please See “New York Addendum” Below)

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

New York Addendum

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, except for instances of gross negligence, in no event will the Licensor be liable to You on any legal theory or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

 

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.

  1. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  2. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

 

(11) Washington DC Geographic Information System – D.C. Office of the Chief Technology Officer by participating D.C. government agencies and the Washington Metropolitan Area Transit Authority, 2012.

Data available from: http://opendata.dc.gov/datasets/ead6291a71874bf8ba332d135036fbda_58?geometry=-77.775%2C38.756%2C-75.138%2C39.129

Data available from: http://opendata.dc.gov/datasets/ead6291a71874bf8ba332d135036fbda_58

Such data is provided to you AS IS without further warranty under the terms of the:

Creative Commons Attribution 4.0 International Public License which can be found above.