Data Licensing Agreement

The Salem Area Mass Transit District (“SAMTD”), makes available for download certain transit stop and schedule data (“Data”). The Data is copyrighted material owned by SAMTD. The Data is limited to schedule information, and does not contain real-time information. By your download and use of the Data, you agree to the following terms and conditions.

You are given non-exclusive, non-sublicensable and limited permission to access Data an URL address that provides on-going, periodically updated, transit schedule and stop data by means of a XML feed or similar technology. You may display and use the Data subject to the terms of this Agreement. The license granted in this Agreement shall be effective from the date of delivery of the Data.

SAMTD reserves all right, title and interest in the Data. All content on the SAMTD websites including the collection, arrangement, assembly and presentation of pages and all logos, maps, text, images, feeds and databases are the property of SAMTD or its content suppliers and are protected by copyright laws. This Agreement shall not be deemed to grant you any title or right to SAMTD’s patents, copyrights, trade secrets, or other intellectual properties. For certainty, and without limiting the foregoing, you may not use any trademarks of trade names of SAMTD without prior written permission.

SAMTD may terminate this Agreement at any time. SAMTD reserves the right to alter, update and/or discontinue producing Data at any time without prior notice. Any modification, combination or arrangement of the Data is solely at your own risk.

Some of the links on this and subsequent pages may lead to resources outside of www.cherriots.org. The presence of these links should not be construed as an endorsement by SAMTD of these sites or their content. SAMTD is not responsible for the content of any such external link.

Data is provided to you on an “AS IS” and “as available” basis. SAMTD makes no representations or warranties of any kind, express or implied, as to the accuracy of the Data. SAMT does not warrant that Data will be error-free and assumes no responsibility for anyone's use of the information. SAMTD DISCLAIMS ALL WARRANTIES in the Data and any application that uses the Data, whether express or implied, including but not limited to implied warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You and any third party that accesses or uses the Data or uses any application produced or provided by you that uses the Data does so at its own risk and assumes all liability arising from the use of the Data or an application that uses the Data.

All materials prepared by you containing any Data shall bear the following notice:

“Reproduced with permission granted by the Salem Area Mass Transit District. The information has been provided by means of a nonexclusive, limited, and revocable license granted by the Salem Area Mass Transit District.

“The Salem Area Mass Transit District does not guarantee the accuracy, adequacy, completeness or usefulness of any information. The Salem Area Mass Transit District provides this information “AS IS,” WITHOUT WARRANTY of any kind, express or implied, including but not limited to warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and assumes no responsibility for anyone's use of the information.”

Neither SAMTD, its employees, officers, directors or agents will be liable to you for damages of any kind arising from or relating to use of or access to the Data by you or any third party, including but not limited to any direct, indirect, incidental, punitive and consequential damages. You agree to defend, indemnify, and hold harmless SAMTD, together with any and all of the SAMTD’s agents and employees, from and against any and all claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) of any kind whatsoever for any action or claim brought against SAMTD arising from or concerning the use of or access to the Data or any person's use of or access to the Data in an application created or provided by you.

The laws of the State of Oregon shall govern all rights and obligations under this agreement, without giving effect to any principles or conflicts of law. The parties agree that the courts in the State of Oregon shall have exclusive jurisdiction over any disputes under or relating to this Agreement. Nothing in this agreement is a waiver of any defenses or rights otherwise available to SAMTD. Venue for any disputes under or relation to this Agreement shall be Marion County, OR.

This Agreement constitutes the complete agreement with respect to the subject matter hereof. SAMTD reserves the right to modify or revoke this Agreement at any time by posting on the SAMTD website.

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

The failure of either party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions, nor in any way effect the validity of either party to enforce each and every such provision thereafter.

Contact us with any questions at data@cherriots.org.