In order to access this web page http://clearroads.org/cba-toolkit/ and to use the Clear Roads Cost-Benefit Toolkit, you (“Licensee”) must accept the User Terms and Conditions stated herein. This License Agreement (“Agreement”) is made between Licensee and the Minnesota Department of Transportation (“Licensor”) on behalf of clearroads.org (Clear Roads).
USER TERMS AND CONDITIONS
- Ownership. Licensor owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks found on this web site and the Clear Roads Cost-Benefit Toolkit.
- License. Subject to the terms and conditions of this Agreement, Licensor grants to Licensee a limited, revocable, non-exclusive, non-transferable license to access and use the Clear Roads Cost-Benefit Toolkit solely for the purpose of analyzing agency expenditures and operations.
- Unauthorized Use. No portion of this site or the Clear Roads Cost-Benefit Toolkit, either in whole or part, may be reproduced, copied, reverse engineered, cloned, spoofed, or promoted, electronic or otherwise, without the express written consent from Licensor. Licensee’s unauthorized use of any such property will constitute a direct violation of this Agreement and may be subject to monetary damages and civil injunctive relief under state and federal law.
- DISCLAIMER AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR:
- DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FUNCTION AND UTILITY OF THE CLEAR ROADS COST-BENEFIT TOOLKIT;
- WILL NOT BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRRUPTION OR LOSS OF USE, GOODWILL, DATA, PROFIT OR BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; AND
- WILL NOT BE LIABLE, WHETHER IN CONTRACT OR TORT, IN ANY AMOUNT EXCEEDING THE AMOUNT PAID BY LICENSEE FOR THE LICENSE UNDER THIS AGREEMENT.
- Indemnification. Licensee agrees to indemnify and save and hold harmless Licensor and its agents from any claims or causes of action, including attorney’s fees incurred by Licensor, to the extent caused by Licensee’s breach of this Agreement.
- Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.