4. COMPLIANCE WITH LAW
You assume sole responsibility for your use and reproduction of the DART Data and for compliance with all applicable laws and industry standards.
5. OWNERSHIP OF DART DATA
All right, title and interest in and to patents, copyrights, trademarks, and other intellectual property and ownership rights embodied in the DART 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, formulae, processes, trade secrets, ideas, artwork, software, hardware, graphics, layout, and modules, are DART’s sole and exclusive property and are protected from unauthorized use, copying and distribution by United States and international laws, regulations and international treaties. DART owns all rights in and to the DART Data, including, without limitation, any changes that you make to the DART Data. You do not acquire any rights in the DART Data by virtue of your use of the DART Data. All uses of the DART Data by you inure to the sole benefit of DART to the extent they relate to intellectual property and other proprietary rights owned by DART. You agree not to challenge, directly or indirectly, DART’s rights in the DART Data or assert any right, title or interest in or to the DART Data or assist any third party in doing so.
6. NO ENDORSEMENT
You may not publicly represent or imply that DART is participating in, is affiliated with, or has sponsored, approved or endorsed the manner or purpose of, your use of the DART Data. DART reserves the right to require that you include the following disclaimer at the site where any software application owned and/or created by you (“Application”) can be accessed or downloaded:
“This site provides applications using data that has been modified for use from its original source, www.ridedart.com, the official website of the Des Moines Regional Transit Authority (“DART”). This site is not endorsed by, sponsored by or affiliated with DART. Any views expressed on this site are not those of DART.”
7. NO ASSOCIATION
You may not use any trademark, official mark, official emblem or logo of DART or any of its other references or means of promotion or publicity without DART’s prior written consent. You may not represent an association or affiliation with DART. Your use of DART Data may not be such as to damage or dilute the goodwill associated with DART's name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit DART.
8. RESTRICTIONS ON USE
You may cache DART Data in order to improve your Application, but you agree to take reasonable efforts to keep the DART Data up to date.
9. COPYRIGHTS AND TRADEMARKS
All Content on the Site is the property of DART or its Content suppliers, and is protected by United States and international copyright laws. The compilation of the Content on this Site is the exclusive property of DART, and is likewise protected by United States and international copyright laws.
10. NO WARRANTY
YOU AGREE THAT THE SITE AND DART DATA ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. DART does not warrant that the Site or the DART Data will be available at any given time, secure, accurate or free of error. You use the Site and DART Data at your own risk, and you assume the risk that the Site or DART Data may provide incorrect information to you, your employees, and anyone who to whom you provide the DART Data, the risk that the DART Data may or may not infringe on the intellectual property rights of others, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system. DART reserves the right at any time and from time to time to modify or discontinue the DART Data, temporarily or permanently, with or without notice to you. DART will not be liable to you for any modification, suspension or discontinuance of the DART Data. DART reserves the right to alter, correct, and modify DART Data at any time without prior notice.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL DART BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF DART IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR DART DATA. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
Upon any termination by DART, you shall promptly delete all DART Data from your Application, computer systems or other storage devices and discontinue all use of the DART brand assets. You agree to certify in writing that you have performed your obligations under this paragraph if DART requests such a certification.
15. NO WAIVER
16. JURISDICTION AND GOVERNING LAW