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

Travel Time & Congestion Data License Agreement and Terms of Use

TRANSCOM, Inc. ("TRANSCOM"), a New Jersey not for profit corporation, on behalf of its Member Agencies (list attached), owns and maintains certain electronic data, including but not limited to link data (including both speed and travel times) that are collected on select roadways within the 29-county region (list attached) served by TRANSCOM (collectively referred to as "the "TRANSCOM Travel Time & Congestion Data" or "the Travel Time & Congestion Data"). TRANSCOM hereby grants you ("Licensee") non-exclusive, limited and revocable rights to use, reproduce, and redistribute the TRANSCOM Travel Time & Congestion Data subject to the following terms and conditions:

1. Terms of Use

By downloading or using the TRANSCOM Travel Time & Congestion Data, the Licensee agrees to be bound by all of the terms and conditions set forth in this Travel Time & Congestion Data License Agreement and Terms of Use (the "Agreement").

2. Limited License

The licensee may redistribute, enhance, repackage, edit or otherwise add value to the TRANSCOM Travel Time & Congestion Data. All changes to the Travel Time & Congestion Data are at the sole risk of the Licensee.

3. Use of Trademarks or Copyrighted Material Prohibited

Licensee may not use TRANSCOM or its Member Agencies’ trademarks or copyrighted materials in any way and may not alter them.

4. Licensee Requirements

Licensee is encouraged to:
  • Submit a request to TRANSCOM outlining Licensee’s planned products to be developed with the Travel Time & Congestion Data
  • Submit to TRANSCOM, on a quarterly basis, estimated numbers of users of Licensee’s application(s) and usage as determined by submitted data usage requests to the Licensee. Possible usage examples include: page views, downloads, and/or calls.
  • Notify TRANSCOM of possible issues with the Event Data feed. TRANSCOM is committed to maintaining a cooperative working relationship with all Event Data Licensees to maximize the benefits to the public. TRANSCOM will make all reasonable efforts to notify Licensee in cases of both expected and unexpected changes in the operational status of the system.
TRANSCOM reserves the right to disapprove unacceptable uses, such as those that are offensive or in bad taste, on a case-by-case basis.

5. No Guarantee or Warranty of Future Availability of Data

TRANSCOM reserves the right to alter all aspects of the data feed and content and/or no longer provide the Travel Time & Congestion Data at any time without prior notice.

6. Indemnification

Licensee agrees to indemnify, defend and hold harmless TRANSCOM, its Member Agencies and their employees, officers, Board members and consultants 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 Travel Time & Congestion Data, including under any assignment or sublicense, and including any action by Licensee under Paragraph 2 of this license agreement.

7. Limitation on Liability

Licensee agrees that TRANSCOM and its Member Agencies and their employees, officers, Board members and consultants and agents will not be liable to Licensee for damages of any kind arising from the use of the TRANSCOM Travel Time & Congestion 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.

8. License Fee

There is no fee associated with the TRANSCOM Travel Time & Congestion Data Feed and License.

9. Disclaimer of Warranties

The Licensee is cautioned that TRANSCOM makes no warranty as to information availability or data accuracy, type or format, timeliness or appropriateness for Licensees’ requirements.
The TRANSCOM Travel Time & Congestion Data is provided on an "as is" and "with all faults" basis. Licensee assumes all risks with regard to its use of Travel Time & Congestion Data including those related to quality and accuracy, performance of the data, timeliness of the data and changes thereto, and appropriateness of the Travel Time & Congestion Data to Licensee’s requirements. TRANSCOM makes, and the Licensee receives, no warranty regarding provided data, whether express or implied, and all warranties of merchantability and fitness of provided data for any particular purpose are expressly disclaimed. TRANSCOM makes no warranty that the information will be provided in an uninterrupted manner or that the provided data will be free of errors.
The Licensee acknowledges and agrees to this disclaimer in its use of the Travel Time & Congestion Data and shall include this disclaimer in any distribution of the Travel Time & Congestion Data to third parties or the public, including any assignee or sub licensee, in any form.

10. 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 conflicts of law provisions or principles. Any use of the TRANSCOM Travel Time & Congestion Data shall be deemed made in the State of New Jersey, USA, regardless of the location of the Licensee, any approved assignee or sub licensee or other user of the Travel Time & Congestion Data. The Licensee agrees that any dispute arising out of any use of the Travel Time & Congestion 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.

11. Entire Agreement

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

12. Disclaimer

No provision of this Agreement, nor any act of the Licensee, or TRANSCOM 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 other business association or relationship involving the Licensee or TRANSCOM, other than that of Licensor and Licensee pursuant to the terms of the License Agreement.

13. Format of the Event Data Feed

The formats of this data can be found in the documentation provided on this site after your registration has been processed.

TRANSCOM Member Agencies

·Connecticut Department of Transportation ·New York City Department of Transportation
·Metropolitan Transportation Authority ·New York City Police Department
·MTA – Bridges and Tunnels ·New York State Bridge Authority
·MTA – New York City Transit ·New York State Department of Transportation
·New Jersey Department of Transportation ·New York State Police
·New Jersey Transit ·New York State Thruway Authority
·New Jersey State Police ·Port Authority Trans-Hudson Corp (PATH)
·New Jersey Turnpike Authority ·The Port Authority of New York and New Jersey

TRANSCOM 29-County Region

New Jersey New York Connecticut
Hudson New York Fairfield
Essex Kings New Haven
Union Queens Hartford
Bergen Richmond  
Passaic Bronx  
Middlesex Westchester  
Mercer Rockland  
Monmouth Suffolk  
Morris Nassau  
Somerset Putnam  
Ocean Dutchess  
Warren Orange  
Hunterdon    
Sussex    

 

 

 

XCMDA: LinkDataTOS (last edited 2010-09-28 20:37:12 by pool-72-83-153-44)