Montgomery County MD Ride On Developer License Agreement

1. Montgomery County Maryland Ride On's Transit Data is now publicly available and allows the general public access to a wide array of transit information including, but not limited to; (a) bus locations; (b) bus routes; (c) bus schedules (d) bus stops, etc. Ride On makes its Transit Data available to users via an Application Programming Interface (API) that allows the user/developer to receive the transit data and use it in the user's own application provided that the user maintains compatibility with Ride On's API, as updated from time to time. Ride On maintains title, ownership, rights and interest in and to the Transit Data. To obtain Ride On's Transit Data, the user/developer must enter into this License Agreement, which grants you (Licensee) non-exclusive, limited and revocable rights to download, use, reproduce, and redistribute Ride On's Transit Data, subject to the following Terms:

2. Licensee must create a developer account with Ride On. The Licensee is limited to one account per email address, and will be issued one or more unique security keys, passwords, etc., (hereinafter referred to as 'Keys') for accessing Ride On's API and managing the account.

3. Licensee is responsible for maintaining the secrecy and security of Licensee's Keys.

4. Licensee is responsible for maintaining compatibility with Ride On's API, as updated from time to time, in order to continue to receive Ride On's Transit Data.

5. Licensee agrees to use the API and Transit Data only for purposes that are legal and in accordance with the Terms of Use and any other applicable policies/guidance that Ride On may issue from time to time.

6.  PROHIBITED ACTIVITIES/CONDUCT: Licensee/User and/or its end users or agents shall not use the API or Transit Data in the following ways:

1. To interfere with or disrupt Ride On services or servers.
2. To circumvent or modify any Keys or security mechanisms employed by Ride On or the API, including without limitation any authentication technologies.
3. To request, collect, solicit or otherwise obtain access to sign-in names, passwords or other authentication credentials for Ride On other than what is provided to Licensee/User for its own account.
4. To impersonate or obtain access to Ride On's Transit Data or other Ride On services without authorization.
5. To create user accounts by automated means or under false or fraudulent pretenses.
6. To enable any other person to personally identify any user of Licensee's Application that uses Ride On's Transit Data without the user's express consent.
7. To state or imply affiliation, sponsorship or endorsement of Licensee's Application or other product or service by Ride On.
8. To state or imply that Licensee's owns or has created the Transit Data supplied by Ride On.
9. To promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
10. To defame, abuse, stalk, harass, threaten or otherwise violate the legal rights (such as the right to privacy) of others.
11. To upload, post, email or transmit or otherwise make available with, in or in connection with Licensee's Application, any infringing, obscene or unlawful content.
12. To upload, post, email or transmit or otherwise make available with, in or in connection with Licensee's Application, any content that infringes any patent, trademark, service mark, copyright, trade secret or any other intellectual property or proprietary right of any party, unless Licensee is the owner of the content or has the permission of the owner to post such content.
13. To transmit any viruses, worms defects, Trojan horses, or any items of a destructive nature.

7. Ride On trademarks and copyrighted materials (hereinafter, 'Intellectual Property'), including any confusingly similar variants, may not be used in association with the Transit Data unless Licensee has entered into a separate, written License Agreement with Ride On for use of such intellectual property.

8. The Data is provided on an "as is" and "as available" basis. Ride On makes no representations or warranties of any kind, express or implied. Ride On disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Ride On and its employees, officers, directors and agents will not be liable for damages of any kind arising from the use of the Transit Data including but not limited to direct, indirect, incidental, punitive and consequential damages.

9. Ride On reserves the right to alter and/or no longer provide the Transit Data, either temporarily or permanently, at any time without prior notice. For avoidance of doubt, nothing herein obligates Ride On to make its API or Transit Data available to you, and Licensee agrees and acknowledges that any access to is within the sole and absolute discretion of Ride On.

10.  Severability and Waiver: The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Ride On of strict performances of any provision of these Terms will not be a waiver of or prejudice Ride On's right to require strict performance of the same provision in the future or of any other provision of these Terms.

11.  License Fee: Ride On does not currently charge a license fee to download the Transit Data.

12. Ride On reserves the right to terminate a user if Ride On determines, in its sole discretion, that the user is engaged in unauthorized use of the API or Transit Data as outlined in this Agreement or that the user is using Ride On's API or Transit Data in any activity that threatens/compromises the safety and/or security of the Metrorail/bus system or Ride On's networks.

13.  Entire Agreement: This Agreement constitutes the complete and exclusive agreement between Ride On and Licensee with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. Ride On reserves the right to modify or revoke this agreement at any time.

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