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Last Updated: Monday, December 11, 2017 8:16 AM

License, Terms, Covenants and Conditions - DataBridge

These terms, covenants and conditions (the "Terms") govern your access to and use of the software and related web applications (“Application”) of the State of California Department of Transportation (“Caltrans”) are named below.

Name of Software: DataBridge

The Application is accessed through the Caltrans’ website. The Application may also be delivered to you through the means of electronic media (such a CDs) or through the means of electronic communication (such as email).

The Terms are a binding agreement between you and Caltrans (the “License”). By accessing or using the Application, you are agreeing to these Terms, and you are entering into a legally binding contract with Caltrans. Do not access or use the Application if you are unwilling or unable to be bound by the Terms.

  1. Definitions
    1. Parties
      The terms "you" and "your" (whether capitalized or not) refer to you, as a user of the Application. A "user" is someone who uses, accesses, browses, or in any other way utilizes the Application. "We," "us," and "our" (whether capitalized or not) refer to Caltrans.
    2. Definitions, Covenants and Conditions

      "Application" means the software, applications, programs, systems, sub-routines, files, and data that you use, access, upload or download through this Caltrans website (in compiled, un-compiled and other source forms).

      Content” all numerical, text, image, photo, audio, video, location and other data.

      "Application Content" means all of the Content that is made available in connection with the Application, including Your Content, User Content, Third Party Content, and Caltrans Content.

      "Caltrans Content" means Content that we create and make available in connection with the Application.

      "Third Party Content" means Content that originates from parties other than Caltrans or its users, which is made available in connection with the Application.

      "User Content" means Content that users submit or transmit to, through, or in connection with the Application.

      "Your Content" means Content that you submit or transmit to, through, or in connection with the Application, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.

  2. Changes to the Terms of Service
    We may revise the Terms from time to time. You understand and agree that your access to or use of the Application is governed by the Terms that are effective at the time of your access to or use of the Application, and that Caltrans can revise the Terms by posting revised Terms on its website. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such revisions will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Application after the effective date of revisions to the Terms indicates your acceptance of the modifications. You agree to check the Caltrans website for revisions to the Terms.
  3. License
    You are licensed to use and access the Application to permit you to provide your goods and services to Caltrans. If you change or modify the Application, or you create derivative works based upon or from the Application, that work product will be governed by the Terms.
  4. Using the Application
    1. Eligibility
      To access or use the Application, you must be 18 years or older and have the requisite legal power, capacity and authority to enter into these Terms. You may not access or use the Application if we barred you from access to or use of the Application.
    2. Permission to Use the Application
      We grant you permission to use the Application subject to the terms, covenants and conditions of the Terms. Your use of the Application is at your own risk, and you hereby assume all risks.
    3. Application Availability
      The Application may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability./li>
  5. Content
    1. Responsibility of your Content
      You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Caltrans.
    2. Our Right to Use Your Content
      We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it existing, modified and new Application and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own uses, applications and electronic platforms ("Other Platforms"). You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Application and any Other Platforms the right to access Your Content in connection with their use of the Application and any Other Platforms. Finally, you irrevocably waive, and cause to be waived, against Caltrans and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
    3. Ownership
      1. Additional Definitions
        1. Work means the work that you provide to or produce for Caltrans. Work can be extended to include work performed with or for third parties provided you receive the prior written approval of Caltrans.
        2. Work Product means the deliverables that your Work produces, including but not limited to, all Work and deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others. “Work Product” includes all deliverables, inventions, innovations, improvements, or other works of authorship you may conceive of or develop under this License, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection.
        3. Inventions means any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by you or jointly with the your subcontractors under this License and in performance of any Work under this License, provided that either the conception or reduction to practice thereof occurs under the License or in performance of Work issued under the License.
        4. Pre-existing Works means any pre-existing works created by you and third parties outside of this License but utilized in connection with this License.
      2. Ownership of Work Product and Rights
        1. Except in regard to Pre-existing Works, all Work Product derived by the Work performed by you under this License, shall be owned by Caltrans and shall be considered to be works made for hire for Caltrans. Caltrans shall own all United States and international copyrights in the Work Product.
        2. As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a “c” in a circle followed by the four-digit year in which the Work Product was produced, followed by the words “California Department of Transportation.” For example, a Work Product created in the year 2020 would contain the copyright designation © 2020 California Department of Transportation.
        3. You agree to perpetually assign, and upon creation of each Work Product automatically assigns, to Caltrans ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire. From time to time upon Caltrans’s request, you shall confirm such assignments by execution and delivery of such assignments, confirmations or assignment, or other written instruments as Caltrans may request. Caltrans shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product. You hereby agree to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work.
      3. Inventions
        1. You agree to assign to Caltrans all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority there under, and the same shall become and remain Caltrans’ property regardless of whether such protection is sought. You shall promptly make a complete written disclosure to Caltrans of each Invention not otherwise clearly disclosed to Caltrans in the pertinent Work Product, specifically pointing out features or concepts that you believe to be new or different. You shall, upon the Caltrans’ request and at Caltrans’ expense, cause patent applications to be filed thereon, through solicitors designated by Caltrans, and shall sign all such applications over to Caltrans. You shall give Caltrans and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as Caltrans may consider necessary or appropriate to carry out the intent on this License.
        2. In the event that Caltrans is unable for any reason whatsoever to secure your signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), you hereby irrevocably designates and appoint Caltrans and its duly authorized officers and agents, as its agent and attorney-in-fact, to act for and on your behalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks or patents thereon with the same legal force and effect as if executed by you. Caltrans shall have no obligations to file any copyright, trademark or patent applications.
      4. Ownership of Data
        1. Upon completion of work under this License, all intellectual property rights, ownership and title to all reports, documents, plans, specifications, and estimates, produced as part of the License will automatically be vested in Caltrans and no further agreement will be necessary to transfer ownership to Caltrans. You shall furnish Caltrans all necessary copies of data needed to complete the review and approval process.
        2. It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy of machine readable form, are intended for one-time use in the Work.
      5. Additional Provisions
        1. In performing services under this License, you agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If you become aware of any such possible infringement in the course of performing any Work under this License, you shall immediately notify Caltrans in writing.
        2. You acknowledge and agree that all Work Product shall be the sole and exclusive property of Caltrans, except that any Pre-existing Works shall continue to be owned you or the parties you own the Pre-existing Works. You agree to notify Caltrans in writing of any Pre-existing Works used in connection with any Work Product produced under this License and you hereby grant to Caltrans a non-exclusive, perpetual, royalty-free license to utilize the Pre-existing Works in connection with the Work Product.
    4. Distribution and Redistribution
      Caltrans and its licensees may publicly display Content adjacent to or included with Your Content. You are not entitled to any compensation for such distribution and/or re-distribution.
  6. Restrictions
    We are under no obligation to enforce the Terms on your behalf against other users. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
    1. You agree not to, and will not assist, encourage, or enable others to use the Application to:
      1. Violate Caltrans’ rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      3. Promote a business or other commercial venture or event, or otherwise use the Application for non-Caltrans purposes; or
      4. Violate any applicable law.
    2. You also agree not to, and will not assist, encourage, or enable others to:
      1. Violate the Terms;
      2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Application or Application Content (other than Your Content), except as expressly authorized in writing by Caltrans;
      3. Reverse engineer any portion of the Application;
      4. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Application or on any materials printed or copied from the Application;
      5. Record, process, or mine information about other users;
      6. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Caltrans’ technology infrastructure or otherwise make excessive traffic demands of the Application;
      7. Attempt to gain unauthorized access to the Application, user accounts, computer systems or networks connected to the Application through hacking, password mining or any other means;
      8. Use the Application or any Application Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
      9. Use any device, software or routine that interferes with the proper working of the Application, or otherwise attempt to interfere with the proper working of the Application;
      10. Use the Application to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Application or Application Content; or
      11. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Application, features that prevent or restrict the use or copying of Application Content, or features that enforce limitations on the use of the Application.

        The restrictions above only apply to the extent permissible under applicable law.

  7. Suggestions and Improvements
    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Caltrans and its users any claims and assertions of any moral rights contained in such Feedback.
  8. Third Parties
    The Application may include links to other applications (each, a "Third Party Application"). We do not control or endorse any Third Party Application. You agree that we are not responsible for the availability or contents of such Third Party Applications. Your use of Third Party Applications is at your own risk.

    Some of the services made available through the Application may be subject to additional third party or open source licensing terms and disclosures, and you agree to abide by such terms and disclosures.
  9. Indemnity
    You agree to indemnify, defend, and hold Caltrans, its agencies and the State of California and the managers, employees, agents and representatives of each of them (collectively, the "Caltrans Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Application, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Application, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Caltrans reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Caltrans. Caltrans will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  10. Disclaimers and Limitations of Liability
    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CALTRANS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE TERMS WILL LIMIT SOME RIGHTS THAT YOU POSSESS, BUT THE TERMS DO NOT LIMIT RIGHTS THAT MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE APPLICATION. BY ACCESSING OR USING THE APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
    1. THE APPLICATION IS MADE AVAILABLE TO YOU ON AN "AS IS”, "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CALTRANS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THEIR INCLUSION IN THE APPLICATION. AS SUCH, YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK. THE CALTRANS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE FITNESS FOR USE, QUALITY, ACCURACY, OR RELIABILITY OF THE APPLICATION, THEIR SAFETY OR SECURITY, OR THE APPLICATION CONTENT. ACCORDINGLY, THE CALTRANS ENTITIES ARE NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MA ARISE IN CONNECTION WITH OR ARISING FROM YOUR ACCESS OR USE OF THE APPLICATION.
    2. THE CALTRANS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE APPLICATION, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CALTRANS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
    3. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APPLICATION, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APPLICATION.
    4. THE CALTRANS ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
  11. Choice of Law and Venue
    California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Caltrans (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITH SACRAMENTO COUNTY, CALIFORNIA.
  12. Term and Termination
    1. You and we may terminate your right to access or to use of the Application; however, you shall remain responsible and liable for compliance with the Terms.
    2. In the event of any termination of these Terms, whether by you or us, the Sections 1, 5, 6, 8 – 13 shall remain in full force and effect without termination.
  13. General Terms
    1. We reserve the right to modify, update, or discontinue the Application at our sole discretion, at any time, for any or no reason, and without notice or liability.
    2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Application.
    3. The Terms contain the entire agreement between you and us regarding the use of the Application, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    4. Any failure on Caltrans's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    5. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent possible so that the Terms shall otherwise remain in full force and effect and enforceable to the maximum extent possible.
    6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Caltrans's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    7. You shall affirmatively bind by contract all of your subcontractors and service vendors providing services under this License to abide by and conform to the provisions of this License.

IF YOU AGREE WITH THE LICENSES TERMS, COVENANTS AND CONDITIONS, CLICK HERE TO DOWNLOAD ‘DATABRIDGE’: I AGREE.

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