Open Data Terms of Use

1. Data Policy

The city of Mesa, Arizona (the “City”) recognizes the value and benefit to the general public of providing easy and convenient access to a variety of public data for review and download through the City’s website (Open.Mesaaz.gov or OpenGIS.Mesaaz.gov).  This Data Terms of Use License Agreement applies to any and all general public, governmental, non-governmental and private industries with an interest in city of Mesa data. By viewing or downloading materials from the City site, and you hereby accept and agree to all terms and conditions outlined within said Licensing Agreement.

2. Definitions

a. “Data” means statistical, factual, quantitative or qualitative information that is regularly maintained or created by or on behalf of a City Department.

b. “Open Data” means data that is available online, in an open format, with minimal legal encumbrances on use or reuse.

c. “Derivative Work” refers to any work that is based in any manner or to any extent upon the Data, including, without limitation, any work that uses the Data in a modified form.

d. “Licensed User” means the individual who enters the City site and views, downloads or uses the Data, including the Derivative Work.

3. Data License Agreement Terms and Conditions

a. License. This Data Licensing Agreement the “License”) is made between the City and the data user (hereinafter referred to as the "Licensed User"), who has acknowledged acceptance and agreement with the terms and conditions of this License Agreement by viewing or downloading Data from the City site. Subject to the terms of this agreement, the City grants to the Licensed User a non-exclusive license to use the Data.

b. Acceptance of Terms and Conditions by Licensed User. The Licensed User expressly accepts and agrees to the terms and conditions of this License by entering the City site and thereafter viewing, downloading or using any of the Data on the City site. The Licensed User also acknowledges and agrees that other terms and conditions may be embedded or stated in a file containing the Data or on a site from where the Data is accessed. These terms and conditions are deemed a part of this License as though fully set forth herein.

c. Legal Authority and Capacity to Act. The Licensed User represents that he/she has the legal capacity and authority to accept the terms and conditions of this License.  If the Licensed User accepts the terms and conditions on behalf of a third party the Licensed User represents and warrants that he/she has the legal capacity and authority to act on behalf of the third party and obligate the third party and himself/herself to comply with the terms and conditions of this License.

d. Restrictions on Use. The Licensed User shall:

i.take all reasonable precautions to prevent unauthorized third parties or persons from accessing or using the Data or Derivative Work in a way that would constitute a breach of this License including, without limitation, such precautions as Licensed User would take to protect its own proprietary software, hardware or information; and

ii. Not utilize the Data or Derivative Work for any purpose or project other than the permitted use(s) as set forth in this License.

e. Permitted Uses. Datasets are made available to the public on an open license basis. An open license on a dataset signifies there are no restrictions on copying, publishing, distributing, modifying or using the data for a commercial or non-commercial use.

f. Data Credit. The Licensed User agrees to list the City as the source for the Data or Derivative Work on all products (including maps, reports, displays, applications) where the Data or Derivative Work is used by the Licensed User.

g. Hardware and Software. The Licensed User, at its own expense, shall provide all necessary hardware, software and equipment needed to view, download or use the Data.

h. Ownership of Intellectual Property. The Licensed User acknowledges that it has no intellectual property rights or proprietary interests in the Data or Derivative Work including, without limitation, any written materials, logos, trademarks, trade names, copyrights, patent applications, patents, or trade secrets. Nothing in this License shall be deemed to constitute a partnership or joint venture between the City and the Licensed User.

i. Termination and Discontinuance of Data. The City reserves the right to terminate access to its open data website or amend, update, correct or discontinue the availability of Data content on its website at any time and for any reason. Older versions of any Data or Derivative Work will not be retained on the City website.

j. License Modification. The City retains the right to modify this License as needed at its sole discretion. The Licensed User shall be deemed to have accepted and agreed to the terms of the modified License if they continue to view, download or use the Data or Derivative Work from the City’s website.

4.  Miscellaneous Provisions

Warranty and Disclaimers. THE CITY GIVES NO EXPRESSED OR IMPLIED WARRANTI ES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WITH RESPECT TO THE DATA OR THE DERITATIVE WORK. THE CITY DOES NOT WARRANT THE CONTENT, ACCURACY, CURRENCY OR COMPLETENESS OF THE DATA OR DERIVATIVE WORK, OR CONCERNING THE RESULTS TO BE OBTAINED FROM QUERIES OR USE OF THE DATA OR DERIVATIVE WORK, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALL DATA AND DERIVATIVE WORK IS EXPRESSLY PROVIDED AS IS AND WITH ALL FAULTS. THE LICENSED USER IS RESPONSIBLE FOR ENSURING THE ACCURACY, CURRENCY AND COMPLETENESS  OF ALL PRODUCTS (INCLUDING MAPS, REPORTS, DISPLAYS AND ANALYSIS) PRODUCED FROM OR IN CONNECTION WITH THE DATA OR DERIVATIVE WORK AND ASSUMES ALL RISKS AS TO THE RESULTS AND PERFORMANCE OF THE DATA OR DERIVATIVE WORK. THE LICENSED USER SHALL HAVE NO REMEDY AGAINST THE CITY IF THE DATA OR DERIVATIVE WORK PROVIDED IS DEFECTIVE IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE RECOVERY OF CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, PUNITIVE DAMAGES, OR ANY OTHER DAMAGES CLAIMED TO BE SUFFERED BY THE USER OR ANY THIRD PARTY AS A RESULT OF USE OF THE DATA OR DERIVATIVE WORK. THIS SECTION SURVIVES THE TERMINATION OF THIS LICENSE.

1. Limitation of Liability

a. The City, its elected and appointed officials, officers, agents and employees will not be liable for any direct, indirect, incidental, consequential or special damages (including, without limitation, loss of use, time or data, inconvenience, commercial loss, lost profits or savings, or the cost of computer equipment and software), to the full extent that liability may be disclaimed by law, or for any third party claim against the Licensed User.

b. The City, its officials, officers, agents and employees will not be responsible for any claim, including any claim by a third party, for any liability, loss or damage that may arise in connection with any erroneous information contained in the Data or Derivative Work.

2. Indemnity. To the full extent permitted by law, the Licensed User will indemnify, defend at his/her sole cost and expense, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any claim, expense, injury, liability, loss or damage of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that may arise, directly or indirectly, in whole or in part, from the Licensed User’s review, download or use of the Data or Derivative Work.  The Licensed User’s obligation to indemnify, defend and hold harmless the City arises, even if the claim may be groundless, false or fraudulent; the obligation will arise at the time the City tenders the claim to the License User and continues at all times thereafter.

3. Remedies. In the event of a breach or threatened breach of this License by the Licensed User or any employee, representative or agent of the Licensed User, the City shall be entitled to injunctive relief to enforce this License. The City may also pursue other remedies, at law or in equity, all of which shall be cumulative and non-exclusive.

4. Choice of Law/Venue. The parties agree that for any action in law or equity brought to enforce any provision of this License, to the extent not otherwise prohibited by law, jurisdiction and venue shall be solely in the state or federal courts located in Maricopa County, Arizona. The Licensed User consents to the venue and jurisdiction of such courts upon Licensed User viewing, downloading or using any Data or Derivative Work from the City’s website.

5. Attorney’s Fees and Costs. In any action in law or equity, the prevailing party will, in addition to any other remedies, be entitled to recover its actual costs, including, without limitation, actual reasonable attorney's fees and other legal expenses incurred to bring, maintain or defend any such action from its first accrual or notice thereof through any appellate proceedings and collection proceedings.

6. Interpretation. This is the entire agreement between the parties. No oral or written, prior or contemporaneous agreement shall have any effect, nor shall any subsequent agreements have any force or effect unless made in writing and signed by both parties. This License was made in and shall be interpreted and performed pursuant to the laws of the State of Arizona without regard to any conflict of law’s provisions.

7. Waiver. The waiver of any default or breach will not constitute a waiver of any other right under the License or of any subsequent breach or default.  If the City does not exercise or enforce any legal right or remedy described in the License or available to the City by applicable law, the City’s inaction will not be considered a formal waiver of the City’s rights.  The City’s waiver of any of the terms or conditions will be effective only if the waiver is made, in writing, and signed by the City’s duly authorized representative.

8. Surviving Provisions. If any of the terms or conditions of the License are determined to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.