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request volume or constitutes excessive or
<br />abusive use.
<br />(dl Responsibility and Compliance. Licensee is
<br />responsible for all activities and consequences
<br />that relate to its use of the Key or other User
<br />Credentials, any Application, and the Data, unless
<br />such consequences result from any act or
<br />omission of Licensor or any third party unrelated
<br />to Licensee. For purposes of this Agreement,
<br />members of the public and any persons parking in
<br />Redwood City are considered unrelated third
<br />parties. Licensee will not, and Licensee will not
<br />permit or enable an Application or any third party
<br />to access, transmit, receive or use any Data or
<br />other Licensor Materials in a manner or for a
<br />purpose: (i) that violates any applicable law, rule
<br />or regulation (including export laws) or privacy
<br />policy; (11)that violates any third party's
<br />intellectual property or other rights; (ill)that
<br />could reasonably be considered to be deceptive,
<br />unethical, false or misleading; or (Iv) that is
<br />inconsistent with these API License Terms, the
<br />Specifications or any other agreement between
<br />the parties. Licensee shall not make any
<br />representation or warranty or other statement
<br />with respect to the Data, other Licensor
<br />Materials, or Licensor that are not expressly
<br />approved in advance by Licensor. In no event
<br />shall Licensee make any representations,
<br />warranties, or other statements in the name or on
<br />behalf of, or otherwise purporting to be binding
<br />upon, Licensor.
<br />(•) Security and Harmful Code. Licensee will
<br />ensure that each Application contains protections
<br />that are adequate to keep secure and prevent the
<br />interception of any Data transmitted to and from
<br />such Application or otherwise through the API.
<br />Licensee will ensure that each Application
<br />precludes unauthorized redistribution, sharing,
<br />and other unauthorized use of the Data. Licensee
<br />will not attempt to circumvent any security
<br />measures or technical limitations of the API or
<br />other Licensor Materials. Licensee will
<br />immediately notify Licensor of any security
<br />deficiencies (including without limitation any
<br />actual or suspected theft, loss or misuse of Data
<br />or actual or suspected vulnerabilities that may
<br />result in a theft, loss or misuse of Data) that
<br />Licensee discovers or suspects. Licensee will not
<br />include (or permit to be included) in or in
<br />connection with an Application any spyware,
<br />malware, virus, worm, Trojan horse or other
<br />malicious or harmful code.
<br />(q Connectivity and Infrastructure. Licensee
<br />agrees and acknowledges that it is Licensee's, and
<br />not Licensor's, responsibility to obtain and
<br />maintain at Licensee's sole cost and expense all
<br />connectivity, network, and other services,
<br />coverage, infrastructure, hardware, and software
<br />necessary for Licensee to use and access the API,
<br />Data, and other Licensor Materials (including,
<br />without limitation, Internet connectivity, wireless
<br />or telecommunications network connectivity, GPS
<br />services, and the like) ("Infrastructure"). Licensee
<br />acknowledges that (i) network coverage is not
<br />available everywhere and availability, coverage,
<br />and quality of network services may vary and
<br />change without notice depending on a variety of
<br />factors including network problems and capacity,
<br />network usage, terrain, structures, location,
<br />weather, and so forth, (ii) GPS services also
<br />depend on the respective hardware's ability to
<br />acquire satellite signals, which are not available
<br />everywhere or in all conditions (and are, for
<br />example, typically not available in covered
<br />structures), and (Iii) Licensor shall not be
<br />responsible or liable for problems of any kind
<br />(including inability to access or use the API, Data,
<br />or other Licensor Materials) relating to coverage,
<br />availability, deficiency, or quality of network
<br />services or other Infrastructure,
<br />@I Attribution. To the extent Licensee provides
<br />Data to consumers or other third parties through
<br />Licensee's Application as expressly permitted
<br />herein, then Licensee must attribute Licensor as
<br />the source of the Data in accordance with the
<br />attribution guidelines provided by Licensor to
<br />Licensee (which guidelines may be updated from
<br />time to time by Licensor).
<br />S. Privacy. Licensee acknowledges and
<br />agrees that Licensor and its affiliates, and its and
<br />their respective employees, agents, contractors,
<br />consultants, and service providers ("Processing
<br />Parties"), may have access to Personal
<br />Information in connection with their activities
<br />relating to the subject matter of these AN License
<br />REV: 07-07-17 JS
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