KCATA hereby grants you (???Licensee???) a non-exclusive, limited and revocable rights to use, reproduce, and redistribute the Data subject to the terms and conditions set forth in this Agreement.
The Licensee will not display or otherwise use any KCATA trademarks, service marks, logos, symbols, maps or other copyright materials or any confusingly similar variants without express written permission in advance from KCATA. All trademarks, service marks, logos, symbols, maps or other copyright materials mentioned in the Data or elsewhere on the Page are the property of their respective owners.
Licensee agrees that the Data is provided on an ???as is??? and ???as available??? basis, without any representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. KCATA does not warrant that the Data will be available at any particular time, that the Data will be secure, or that the Data will be accurate or free of error. The Licensee or any third party that accesses or uses the Data or uses any application produced or provided by the Licensee that uses the Data does so at their own risk and assumes the risk that the Data may provide incorrect information to Licensee, or its agents, employees, customers, and assigns, as well as the risk that any Data downloaded by Licensee may cause loss of data or damage to Licensee???s computer system or that of any other third party.
You understand and agree that in no event will KCATA, its officers, agents, employees and directors be liable for any direct or indirect damages resulting from your use of the Data, even if KCATA 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. You agree that you and KCATA intend that this limitation should apply even if it causes any warranty to fail of its essential purpose.
KCATA reserves the right at any time and from time to time to alter or no longer provide the Data (or any part thereof), temporarily or permanently, with or without prior notice. You agree that KCATA will not be liable to you for any modification, suspension or discontinuance of the Data or link to the Data.
KCATA retails all title, ownership, rights and interest in and to the Data.
The information has been provided by means of a nonexclusive, limited, and revocable license granted by the KCATA. KCATA, its employees, officers directors and agents will not be liable for damages of any kind arising from the use of Data or any application that uses the Data including but not limited to direct, indirect, incidental, punitive, and consequential and/or special damages.
If any claim is asserted by a third party as a result of Licensee???s use of the Data, Licensee will defend and indemnify KCATA with respect to all costs or damages resulting from such claim, including attorney???s fees, and any judgment that may be awarded against KCATA.
Should any link or other information contained on the Page or in the Data lead to resources outside of KCATA???s control, the presence of such links or other reference should not be construed as an endorsement by KCATA of these sites or their content. KCATA is not responsible for the content of any such external information source.
All notices or other communications under this Agreement must be delivered by first class mail to:
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.
The failure of either party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions, nor in any way effect the validity of either party to enforce each and every such provision thereafter.
The laws of the State of Missouri will govern all rights and obligations under this Agreement, without giving effect to any principles or conflicts of law. The parties agree that the Jackson County Missouri District Court and the United State District Court for the Western District of Missouri have exclusive jurisdiction over any disputes under or relating to this Agreement. Nothing in this Agreement is a waiver of any defenses or rights otherwise available to KCATA.
This Agreement constitutes the complete agreement between KCATA and Licensee with respect to the subject matter hereof and supersedes all prior oral or written understanding, communications, or agreements not specifically incorporated herein. KCATA reserves the right to modify or revoke this Agreement at any time.