Developer Terms of Use

These Terms of Use ("Terms") govern your use of data made available through EMBARK's Web Services API (the "Data").  EMBARK grants you a limited, revocable license to use, reproduce, redistribute and display the Data in accordance with these terms.  EMBARK's trademarks and services marks (its "Marks") are its valuable intellectual property.  EMBARK retains all rights it has in these Marks.  You may use the Marks "EMBARK" and "EMBARK Connect" in connection with your use of the Data, but only to identify the goods and services specifically identified by those Marks.  If you choose to use these Marks you must indicate they are the property of EMBARK by marking them with an asterisk ("*") and stating "* EMBARK is a registered trademark of the Central Oklahoma Transportation and Parking Authority.  All rights reserved."  You are not authorized to make any use of any Marks of EMBARK or any confusingly similar variant thereof.

THE DATA IS 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.

In no event will EMBARK be liable for any direct or indirect damages, even if EMBARK 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 Data.  The parties intend that this limitation should apply even if it causes any warranty to fail of its essential purpose.

You agree to indemnify, defend, and hold harmless EMBARK and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use or distribution of the Data. You agree that EMBARK retains all right, title, and interest in the Data, and any intellectual property rights embodied therein, that you acquire no such rights from distribution of the Data, and that you will not attempt to restrict, limit or prevent EMBARK's use of the Data or EMBARK's service marks in connection therewith.

In the event of any conflict between these Terms and the terms governing general use of the http://embarkok.com/business/developer-resources site, these Terms will be controlling as to matters expressly addressed herein.  These Terms constitute the entire agreement between the parties as to their subject matter.



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