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Deco Bike LLC ("Bikeshare") operates Miami (FL), Miami Beach (FL), Surfside (FL), and Bay Harbor Islands (FL) bicycle sharing services. Bikeshare is committed to supporting bicycling as an alternative mode of emissions-free transportation option. As part of that commitment, Bikeshare makes certain Citi Bike Miami system data ("Data") available to the public, subject to the terms and conditions of this License Agreement ("Agreement"). By accessing or using any of the Data, you agree to all of the terms and conditions of this Agreement.
1. License. Bikeshare hereby grants to you a non-exclusive, royalty-free, limited, perpetual license to access the Data for any lawful purpose ("License").
2. Prohibited Conduct. The License does not authorize you to do, and you will not do or assist others in doing, any of the following:
(a) Use the Data in any unlawful manner or for any unlawful purpose;
(b) Host, stream, publish, disseminate, record, transcribe, distribute, interpret, sublicense, or sell the Data in any format or as a stand-alone dataset;
(c) Access the Data by means other than the interface Bikeshare provides or expressly authorizes for that purpose in writing;
(d) Circumvent any access restrictions relating to the Data;
(e) Use data mining or other extraction methods in connection with Bikeshare's website or the Data;
(f) Attempt to correlate the Data with names, addresses, or other information of customers or subscribers of Bikeshare; and
(g) State or imply that you are affiliated, approved, endorsed, or sponsored by Bikeshare.
(h) Use or authorize others to use, without the written permission of the applicable owners, the trademarks or trade names of DecoBike LLC, DecoBike Miami LLC, or Citigroup, Inc., (sponsor of the Citi Bike Miami service). These marks include, but are not limited to CITI BIKE, and the CITI BIKE logo.
3. No Warranty. THE DATA IS PROVIDED "AS IS," AS AVAILABLE (AT BIKESHARE'S SOLE DISCRETION) AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PROVIDED BY LAW BIKESHARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIKESHARE FURTHER DISCLAIMS ANY WARRANTY THAT THE DATA WILL MEET YOUR NEEDS OR WILL BE OR CONTINUE TO BE AVAILABLE, COMPLETE, ACCURATE, TIMELY, SECURE, OR ERROR FREE.
4. Limitation of Liability and Covenant Not to Sue. Bikeshare, its parent and sponsors, and their respective directors, officers, employees, or agents will not be liable to you or anyone else for any loss or damage, including any direct, indirect, incidental, and consequential damages, whether foreseeable or not, based on any theory of liability, resulting in whole or in part from your access to or use of the Data. You will not bring any claim for damages against any of those persons or entities in any court or otherwise arising out of or relating to this Agreement, the Data, or your use of the Data. In any event, if you were to bring and prevail on such a claim, your maximum recovery is limited to $100 in the aggregate even if you or they had been advised of the possibility of liability exceeding that amount.
5. Ownership and Provision of Data. Bikeshare owns all right, title, and interest in and to the Data. Bikeshare may modify or cease providing any or all of the Data at any time, without notice, in its sole discretion.
6. No Waiver. Nothing in this Agreement is or implies a waiver of any rights Bikeshare has in the Data or in any copyrights, patents, or trademarks owned or licensed by Bikeshare, its parent, or sponsors.
7. Termination of Agreement. Bikeshare may terminate this Agreement at any time and for any reason in its sole discretion and may revoke this license without any prior or formal notice. Bikeshare may at its sole discretion elect to provide notice on one or more of its websites. Sections 2-6 and 9-10 will survive termination.
8. Contact. Questions relating to this Agreement, including requests for permission to use trademarks, trade names, data, data contents or equivalent, should be sent to management@decobike.com.
9. Applicable Law and Forum. This Agreement is governed by the laws of Florida, without regard to conflicts of law principles. Any dispute arising under or relating to this Agreement will be brought only in a court of competent jurisdiction sitting in Miami Dade county, Florida.
10. Entire Agreement. This Agreement is the complete and exclusive agreement and understanding between Bikeshare and you with respect to its subject matter and supersedes all prior or contemporaneous oral or written agreements or understandings relating to the subject matter.
