Software License Agreement for the Official BART RSS Widget Software READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE Installing and using the Software and Documentation ("Software") accompanying this Software License Agreement ("SLA") indicates your acceptance of this Agreement's terms and conditions. Read all of the terms and conditions of this agreement prior to installing or using the software. If you do not accept these terms, do not download the accompanying Software. If you have already downloaded it, delete the Software from all of your storage devices. By downloading the Official BART RSS Widget software, you ("Licensee") are bound by the terms of this SLA. If Licensee does not agree to the terms of this SLA, Licensee must promptly destroy all copies of the Software in its possession. License Grant The San Francisco Bay Area Rapid Transit District (BART) hereby grants the Licensee non-exclusive use of the Software subject to the following terms: 1. Licensee may: (a) install the Software for personal, non-commercial purposes only; and (b) make one copy of the Software for back-up or archival purposes provided that copy contains all of the original Software's proprietary notices. 2. Licensee may not: (a) reverse engineer, decompile, disassemble, modify, translate, or create derivative works based upon the Software; (b) copy the Software (except for back-up purposes); (c) rent, lease, sell, distribute, or otherwise transfer rights to the Software; or (d) remove any proprietary notices or labels on the Software. Title The San Francisco Bay Area Rapid Transit District ("BART") maintains the title, ownership, rights, and any intellectual property rights in and to the Software. The Software is protected by copyright law of the United States and international copyright treaties. Disclaimer This software is provided on an "AS IS" basis without warranty of any kind. To the extent permitted by law, BART disclaims all warranties without limitation, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use of this Software remains with the Licensee. To the extent permitted by law, BART shall in no event be liable for any consequential, incidental, indirect, special (Note: as a public agency, BART is not liable for punitive damages pursuant to California Government Code section 818), or any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data or other pecuniary loss) arising out of the use of or inability to use this Software. BART reserves the right to change the Software, the SLA, or the BART website at any time, without prior notice. Termination BART may terminate this SLA immediately should it decide to no longer support or update the Official BART RSS Widget Software. This SLA shall terminate automatically if Licensee fails to comply with its terms and conditions and BART shall have no further obligation to Licensee. No notice shall be required from BART to effectuate termination for breach of the terms and conditions. Upon termination, Licensee must promptly destroy all copies of the Software in its possession. Applicable Law California law shall govern all rights and obligations under this Software License Agreement. Entire Agreement This Agreement constitutes the complete and exclusive agreement between BART and Licensee with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorized representative of BART and Licensee. Contact Information San Francisco Bay Area Rapid Transit District (BART) 800 Madison Street, LMA-4 Oakland, CA 94607 USA http://www.bart.gov