12-1. Total Traffic Network, a division of Clear Channel Broadcasting, Inc., holds the rights to the traffic incident data and RDS-TMC network through which it is delivered. You may not modify, copy, scan or use any other method to reproduce, duplicate, republish, transmit or distribute in any way any portion of traffic incident data. You agree to indemnify, defend and hold harmless Inrix, Inc. and Clear Channel Broadcasting, Inc. (and its affiliates) against any and all claims, damages, costs or other expenses that arise directly or indirectly out of (a) your unauthorized use of the traffic incident data or the RDS- TMC network, (b) your violation of this directive and/or (c) any unauthorized or unlawful activities by you in connection herewith.
12-2. Total Traffic Network traffic data is informational only. User assumes all risk of use. Total Traffic makes no representations about content, traffic and road conditions, route usability, or speed.
12-3. THE LICENSED MATERIAL IS PROVIDED TO LICENSEE “AS IS” AND “WHERE IS”. TOTAL TRAFFIC NETWORK, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL THIRD PARTY PROVIDERS OF ANY OF THE LICENSED MATERIAL, EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE LICENSED MATERIAL (INCLUDING WITHOUT LIMITATION, THAT THE LICENSED MATERIAL WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION OR THAT THE TRAFFIC DATA WILL BE ACCURATE), EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
12-4. TOTAL TRAFFIC NETOWRK WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, ANTICIPATED REVENUES, OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO USE OF THE TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY).
