Get Free Instant Access to ParkerData™ API
ParkerData Basic API
- Static parking facility data on over 20,000 locations
- Simple RESTful API – No client software or SDK needed
- Receive data in either XML or JSON format
- Free! Gratis! On the house!*
ParkerData Availability API
- Data from over 45 real-time deployments throughout the North America and Europe
- Receive availability data in a variety of space collections with facility type indicated
- Simple RESTful API – No client software or SDK needed
- Receive data in either XML or JSON format
- Currently in private beta for select customers and partners
- Sign up to be put on the list to gain access
- ParkerData Availability API is a paid data service
By selecting the ParkerData Basic API in the submission form above you are agreeing to the Data License Agreement below and will receive an authorization key with instructions to access the API. By selecting the ParkerData Availability in the submission form above you will only be notified when the ParkerData Availability API is publicly available. ParkerData Availability API is only accessible through execution of a separate license agreement with Streetline, Inc which will be provided at the time access is granted.
* Paid subscriptions also available for high-usage applications or applications needing additional premium data sets
* Licensee must attribute Licensor as the source of the Data in accordance with the following attribution: “Powered by Streetline” as per the Data License Agreement below.
ParkerData Basic API DATA LICENSE AGREEMENT
Last updated: January 2, 2014
Please read this Data License Agreement (the “Agreement”) carefully. Subject to the terms and conditions of this Agreement, Streetline, Inc. (“Licensor”) may provide you or the entity on whose behalf you accept this Agreement (you and any such entity, as applicable, the “Licensee”) with access to Data (as defined below). By clicking the “I AGREE” or similar button located below or downloading, accessing, requesting, receiving or using any Data, Licensee agrees to be bound by and comply with the terms and conditions of this Agreement. If Licensee does not so agree, Licensee shall not download, access, request, receive, or use any Data and is not granted any rights hereunder.
Licensor may modify this Agreement at any time, in its sole discretion, by notifying Licensee of such changes by any means, including by posting such modified Agreement on the Site. If such modification is unacceptable to Licensee, Licensee’s sole recourse is to terminate this Agreement and cease downloading, accessing, requesting, receiving or using any and all Data. Licensee’s continued access to or request, receipt, or use of any Data following any change to this Agreement will constitute Licensee’s binding acceptance of such modified Agreement. Licensee can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Notwithstanding the foregoing, any modifications to this Agreement shall not apply to any dispute between Licensor and Licensee arising prior to the date on which Licensor provides notice of the revised Agreement by any means as described above.
Licensee agrees to comply with all guidelines, rules, policies, terms and conditions that may be posted by Licensor on the Site or otherwise communicated by Licensor to Licensee from time to time, and with all applicable third-party terms of agreement. If Licensee has entered into a written agreement with Licensor or any affiliate of Licensor that refers to this Agreement (such written agreement, an “Additional Agreement”) and such Additional Agreement contains terms and conditions that conflict with, or are in addition to, the terms and conditions set forth herein (such conflicting or additional terms, the “Other Terms”), then such Other Terms shall govern (i) in lieu of any conflicting terms and conditions set forth herein, and (ii) otherwise in addition to the terms and conditions set forth herein.
1. Definitions. For purposes of this Agreement, the following terms have the following meanings:
(a) “API” means any application programming interface(s), web API, website, database, server, protocol, routine, service, or other means made available by or on behalf of Licensor from time to time in its discretion that is intended to permit access to Data in accordance with the terms and conditions hereof.
(b) “Application” means a software application owned or licensed by Licensee and distributed to End Users which is intended to be used to access and/or process Data in order to display such Data to End Users.
(c) “Data” means any and all information and other data (including accompanying metadata) transmitted, made available, or otherwise made accessible by or on behalf of Licensor through an API (which may include, for example, data and information pertaining to parking garages and their fees, hours of operation, availability, location, and the like), regardless of the format in which such information and other data is transmitted, made available, or otherwise made accessible and including any portions, copies, extracts, derivatives, modifications, and reformatted versions of such information and other data.
(d) “Data Exchange Format” means a machine readable data format intended or suitable for redistribution or sharing of data between software applications as determined by Licensor, including but not limited to any application programming interface, any database access (e.g., ODBC), any network transmission format (e.g., EDI, SOAP, RSS, XML) and any data file format (e.g., XLS, CSV).
(e) “End Users” means end users of Licensee’s Application who use such Application for their own personal use.
(f) “End User Format” means a human-readable data format that is (i) not a Data Exchange Format, and (ii) not otherwise intended or suitable for redistribution or sharing of data between software applications.
(g) “Key” means a unique identifier identifying Licensee as a user of an API, as assigned by Licensor to Licensee in Licensor’s discretion, to enable Licensee to access and/or use such API and to monitor usage. Keys may be subject to activation, suspension, and/or deactivation by Licensor to ensure usage consistent with this Agreement and all applicable requirements, and for any other reason in Licensor’s discretion.
(h) “Licensor Materials” means any and all of the API, Data, Key, and the Specifications (including any portions, copies, extracts, derivatives, modifications, and reformatted versions thereof) and any related data, information, and materials made available by or on behalf of Licensor to Licensee pursuant to this Agreement or otherwise in connection with the Data.
(i) “Site” means the Licensor website or portal which provides access to the API and other related information, currently accessible through www.streetline.com (and relevant subdomains), as designated by Licensor from time to time in its discretion.
(j) “Specifications” means any specifications and documentation related to the API that Licensor may make available from time to time in its discretion, and includes any software code (other than the Key) that Licensor may make available specifically for the purpose of enabling Licensee to access Data through the API or to permit an Application to interface with the API (for example, code to be embedded in an Application to facilitate communication through the API).
(k) “Subscription Term” means the then-current term of Licensee’s permitted access to the Data under this Agreement. The Subscription Term is determined at the time of Licensee’s registration pursuant to Section 2(a) below. Notwithstanding the foregoing, the Subscription Term will end immediately upon termination of this Agreement by Licensor for Cause.
2. Registration and Credentials
(a) Registration. Licensee is required to register with Licensor and maintain a user account in order to access Data through the API. In the course of registration, Licensee will be required to (i) provide certain information as requested on the registration form (which information may include, without limitation, name, contact details, physical address, payment information, email address), (ii) agree to the terms and conditions of this Agreement, and (iii) choose a user name and password (together with any Key assigned by Licensor, the “User Credentials”) that Licensee, upon confirmation of eligibility and approval by Licensor, may use to access the Data through the API in accordance with the terms and conditions of this Agreement and any documentation or other information made available by Licensor. Licensee represents and warrants that all information provided by Licensee in connection with the registration or otherwise in connection with this Agreement shall be complete, current, and accurate, and Licensee shall promptly update any such information as needed to keep it complete, current, and accurate throughout the term of this Agreement.
(b) Credentials. Upon confirmation of Licensee’s registration, Licensor will enable Licensee to access the Data through the API. Licensor may refuse to confirm Licensee’s registration for any reason or for no reason at all, in which case this Agreement shall automatically and immediately terminate. Licensor reserves the right to suspend or revoke Licensee’s User Credentials and access to the Data in the event of any actual or reasonably suspected misuse, abuse, compromise, or unauthorized use of User Credentials or any actual or reasonably suspected failure to comply with the terms and conditions of this Agreement. Licensee shall (i) protect its User Credentials from disclosure to or discovery by third parties and any unauthorized use by third parties, (ii) not provide or disclose its User Credentials to any third party or permit or enable any third party to use its User Credentials, and (iii) remain fully responsible and liable for any use, including any misuse, abuse, or unauthorized use, of its User Credentials, and Licensee hereby authorizes any and all transactions, submissions, instructions, authorizations, and other acts initiated through the use of its User Credentials. In the event of any actual or suspected misuse, abuse, compromise, or unauthorized use, or any suspected disclosure to or discovery by third parties, of Licensee’s User Credentials, or of any actual or suspected attempt to engage in any of the foregoing, Licensee shall promptly notify Licensor.
3. Limited Right to Access and Use Data.
(a) Use of API and Keys. Subject to Licensee’s acceptance of and compliance with this Agreement, and solely in accordance with the Specifications, Licensor grants to Licensee a limited, revocable, nonexclusive, non-sublicensable, non-transferable, non-assignable right, solely during the Subscription Term (i) to access the API solely for purposes of accessing and retrieving Data for use of such Data as expressly permitted herein, and (ii) to use the Key that may be generated, activated and provided to Licensee by Licensor, in Licensor’s discretion, solely to access the API for such purpose. Licensee may also be permitted to use the API to transmit Licensee data to Licensor in accordance with the Specifications.
(b) Use of Data. Subject to Licensee’s acceptance of and compliance with this Agreement, and solely in accordance with the Specifications, Licensor grants to Licensee a limited, revocable, nonexclusive, non-sublicensable, non-transferable, non-assignable right, solely during the Subscription Term (i) to access and retrieve Data, solely through the API, that Licensor makes available, in its discretion, for such purpose through the API, (ii) to store and reproduce such Data solely as necessary to display such Data to End Users through Licensee’s Application as expressly permitted herein, and (iii) to display such Data, solely in an End User Format, to End Users through Licensee’s Application and solely for such End User’s own use.
(c) Available Data. Notwithstanding anything to the contrary herein, (i) Licensor may add, modify, remove, update, terminate access to, or otherwise change any Data made available hereunder at any time without notice in Licensor’s discretion, and (ii) Licensee’s rights with respect to any Data owned by third parties are further limited (in addition to the restrictions and limited permissions set forth herein) to the rights Licensor is permitted to grant to such Data under applicable agreements with such third parties and Licensee may be required to agree to additional terms and conditions applicable to such third party Data.
(d) Service Levels. Licensor will use commercially reasonable efforts to provide access to Data through the API in accordance with the applicable service levels posted on the Site (which service levels may vary based on the applicable subscription, payment, or service plan chosen by License) or such other service levels as may be expressly agreed in an Additional Agreement (“SLAs”).
4. Restrictions and Other Licensee Responsibilities.
(a) General. Licensee may use only those Licensor Materials that are provided by Licensor to Licensee. Licensee may not use any key or means of access to the Data other than the API and Key provided by Licensor to Licensee. Licensee may not permit or enable any third party to use or access any Data or other Licensor Materials. Except as otherwise expressly permitted in this Agreement, Licensee will not, and Licensee will not permit or enable an Application or any third party to: (i) use any Data or other Licensor Materials for any purpose or in any manner other than expressly permitted in Section 3 above; (ii) rent, sell, lease, lend, sublicense, convey, redistribute or otherwise provide to any third party or any application other than Licensee’s Application with access to any Data or other Licensor Materials; (iii) modify, decompile, reverse engineer, alter, tamper with or create derivative works of any Data or other Licensor Materials; (iv) alter the Key or otherwise obscure or alter the sources of queries coming from Licensee or an Application; (v) access legacy or internal application programming interfaces or data feeds that are used by Licensor but that are not available or intended by Licensor to be available through the API; (vi) remove or tamper with any copyright notices or other proprietary or restrictive notices or indications of source or origin pertaining to the Data or other Licensor Materials; (vii) circumvent or attempt to circumvent any technological protective measure contained in or supported by, the Licensor Materials. Licensee shall not copy or store any Data or other Licensor Materials except where such copy or storage is created as an essential step in, and is necessitated by, the ordinary use of such Data through the Application or the ordinary use of such other Licensor Materials as expressly permitted hereunder (and such copy may only be used as necessary in the course of such ordinary use as expressly permitted hereunder). Licensee will cause all Data calls made by Licensee or an Application to include Licensee’s Key.
(b) Site Data. Licensee will not, and Licensee will not permit or enable an Application or any third party to: (i) use any automated means (e.g., scraping, crawling, spidering or robots) to access, query or obtain any Data or information from the Site; or (ii) except as expressly permitted by this Agreement or the Specifications, archive, store, modify or replace any Data or other information from the Site. Licensee will delete any and all Data and other information from the Site upon request by Licensor.
(c) Conformance and Noninterference. Licensee will cause each Application and Licensee’s use of the API and the Data to conform with and not interfere with, circumvent, or render ineffective: (i) the Specifications and any other policies, terms and conditions that govern access to and/or use of the API and the Data; and (ii) any restrictions implemented in connection with the API or the Data, including any geographically-based restrictions (e.g., geo-blocking or reverse-IP lookup). Licensee will not, and Licensee will not permit or enable an Application or any third party to, interfere with the proper workings of any Licensor Materials or the Site. Licensor may, in its sole discretion, set and change quotas and other limits on API and Data usage, which may include the number of Data calls Licensee or an Application may make, use of the API during a particular period, the minimum required time between Data calls, and/or the maximum file size that may be transmitted through the API. Licensee will not, and Licensee will not permit or enable an Application or any third party to, exceed or circumvent any such quotas or limits, including by aggregating accounts or obtaining multiple Keys. Without limiting the foregoing, Licensee will not use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive use.
(e) Security and Harmful Code. Licensee will ensure that each Application contains protections that are adequate to keep secure and prevent the interception of any Data transmitted to and from such Application or otherwise through the API. Licensee will ensure that each Application precludes unauthorized redistribution, sharing, and other unauthorized use of the Data. Licensee will not attempt to circumvent any security measures or technical limitations of the API or other Licensor Materials. Licensee will immediately notify Licensor of any security deficiencies (including without limitation any actual or suspected theft, loss or misuse of Data or actual or suspected vulnerabilities that may result in a theft, loss or misuse of Data) that Licensee discovers or suspects. Licensee will not include (or permit to be included) in or in connection with an Application any spyware, malware, virus, worm, Trojan horse or other malicious or harmful code.
(f) Connectivity and Infrastructure. Licensee agrees and acknowledges that it is Licensee’s, and not Licensor’s, responsibility to obtain and maintain at Licensee’s sole cost and expense all connectivity, network, and other services, coverage, infrastructure, hardware, and software necessary for Licensee to use and access the API, Data, and other Licensor Materials (including, without limitation, Internet connectivity, wireless or telecommunications network connectivity, GPS services, and the like) (“Infrastructure”). Licensee acknowledges that (i) network coverage is not available everywhere and availability, coverage, and quality of network services may vary and change without notice depending on a variety of factors including network problems and capacity, network usage, terrain, structures, location, weather, and so forth, (ii) GPS services also depend on the respective hardware’s ability to acquire satellite signals, which are not available everywhere or in all conditions (and are, for example, typically not available in covered structures), and (iii) Licensor shall not be responsible or liable for problems of any kind (including inability to access or use the API, Data, or other Licensor Materials) relating to coverage, availability, deficiency, or quality of network services or other Infrastructure.
(g) Attribution. Licensee must attribute Licensor as the source of the Data in accordance with the attribution guidelines as may be posted and updated on the Site from time to time.
5. Monitoring. Licensee will provide Licensor with any information or materials that Licensor requests to verify Licensee’s compliance with this Agreement and the Specifications, including a copy of each Application and one or more test accounts that will enable Licensor to access each Application in its entirety free of charge. Licensee acknowledges and agrees that Licensor may (but is not obligated to) monitor the Data, the API, and other Licensor Materials and Licensee’s access thereto and use thereof for any purpose, including to ensure quality and to verify compliance with this Agreement and any Additional Agreement. Licensee will provide Licensor with continuous means to carry out such monitoring at no charge. Licensee will not interfere with such monitoring or otherwise obscure from Licensor any activity in connection with any Licensor Materials, and Licensor may use any technical means to overcome such interference.
6. Responsibility for Service; Support. As between Licensee and Licensor, Licensee is solely responsible for all aspects of its use of the Data, the API, any other Licensor Materials, and each Application, and Licensee acknowledges and agrees that Licensor will not provide or be required to provide any technical or other support services in connection with any of the foregoing, including with respect to use of any Data in an Application, except as expressly provided in Section (d) and any applicable SLAs. Licensee’s use of the Data, the API, and any other Licensor Materials is at Licensee’s own risk, and Licensee is solely responsible for any damage, loss, and liability that results from the use thereof.
7. Compliance With Laws. Licensee will comply with all applicable laws, regulations and policies related to the use of the Data and other Licensor Materials and the development, marketing, sale, distribution and use of each Application.
8. Confidential Information. In connection with this Agreement Licensee will have access to confidential, proprietary or trade secret information or materials of Licensor and its affiliates, licensors, suppliers, service providers, business partners or customers (“Confidential Information”). For the avoidance of doubt, and without limitation, all Data and other Licensor Materials constitute Confidential Information. Licensee will: (a) hold the Confidential Information in trust and confidence; (b) use the Confidential Information only as expressly permitted in this Agreement (and not for the benefit of any third party), and not in any manner or for any purpose other than as expressly permitted in this Agreement; (c) not reproduce Confidential Information except as expressly permitted in this Agreement; and (d) not disclose or otherwise make available to any third party, directly or indirectly, any Confidential Information without Licensor’s express prior written consent. Licensee will protect Confidential Information against unauthorized access, use, and disclosure, and accidental loss, destruction, acquisition or damage. Licensee will be solely responsible and liable for all use and disclosure of Confidential Information by or through Licensee and an Application. Upon any expiration or termination of this Agreement, Licensee will immediately delete all copies of Confidential Information in its possession, custody or control. Licensee acknowledges and agrees that Licensee’s breach or threatened breach of this Section 8 may cause Licensor irreparable harm and significant injury, the amount of which may be difficult to estimate and ascertain, thus making inadequate any remedy at law. Therefore, Licensee agrees that Licensor is entitled to injunctive relief by any court of competent jurisdiction enjoining any threatened or actual breach of this Agreement and for any other relief that such court deems appropriate, in addition to any other remedy available at law or in equity.
9. Ownership. All right, title and interest (including all intellectual property rights) in and to the Data and other Licensor Materials and Confidential Information are the sole property of and reserved to Licensor and/or its licensors or suppliers, as applicable, and no right, title or interest in any Data and other Licensor Materials and Confidential Information are transferred to Licensee as a result of this Agreement or Licensee’s access to or use thereof. All rights not expressly set forth herein are reserved by Licensor and/or its licensors or suppliers, as applicable, and no other rights or licenses are granted to Licensee pursuant to or as a result of this Agreement, whether by implication, by reason of estoppel, or otherwise. Licensee acknowledges and agrees that it receives no rights, licenses or interests in or to any patents, patent applications, trademarks, trade names or service marks of Licensor or its affiliates, licensors, suppliers or other third parties pursuant to this Agreement. Licensee hereby irrevocably grants and agrees to grant to Licensor an unlimited, worldwide, royalty-free right to use and modify any and all comments, suggestions, submissions, data and other feedback (whether oral, in writing, or in electronic or any other form) provided by Licensee in connection with its access to and use of any Data, API, or other Licensor Materials or otherwise in connection with the parties’ activities under this Agreement.
10. Changes. Licensor reserves the right to change any Data and other Licensor Materials at any time, and for any or no reason, and Licensor bears no responsibility or liability for such actions. Licensor reserves the right to release subsequent versions of the API and to require Licensee to use the most recent version thereof, and Licensee agrees that it is Licensee’s responsibility to ensure, at Licensee’s own cost, that Licensee’s access to and use of the API and other Licensor Materials is compatible with Licensor’s then-current requirements.
11. Term; Suspension/Termination. This Agreement will remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. Licensor reserves the right in its discretion to immediately terminate this Agreement, and/or suspend (temporarily or permanently), terminate or revoke Licensee’s or an Application’s access to or use of any or all Data, the API, other Licensor Materials, or the Site (including by revoking or suspending any Key), in whole or in part, at any time for reasonable cause (including if Licensor knows of or suspects that Licensee or an Application has a security deficiency, or has inappropriately accessed, used or disclosed Data or other Licensor Materials or may otherwise threaten or damage the reputation(s) of Licensor or any of its affiliates, or has failed to timely comply with any term or condition or requirement under this Agreement) (“Cause”), upon notice to Licensee, and Licensor bears no responsibility or liability for any such suspension, termination or revocation. Further, any licenses to Licensee contained in this Agreement will immediately and automatically terminate, without notice to Licensee, in the event of any expiration or termination of any Additional Agreement. Upon termination of this Agreement by either party or upon suspension, termination or revocation of Licensee’s and/or an Application’s access to the Data or other Licensor Materials by Licensor, any and all licenses Licensee may have with respect to the Data and other Licensor Materials will immediately terminate, and Licensee will immediately cease any use thereof, provided that, if (i) any such termination, suspension, or revocation by Licensor is not for Cause, and (ii) Licensee has purchased a paid subscription, payment, or service plan and has fully paid all applicable fees, if applicable, then Licensee’s rights pursuant to Section 3 shall continue through the end of the then-current Subscription Term as long as Licensee complies with all terms, conditions, and requirements of this Agreement. Sections 1 and 4–15 will survive, to the extent applicable, any expiration or termination of this Agreement and will continue to bind Licensee following such expiration or termination. Termination or expiration of this Agreement shall not, in and of itself, have any effect on any Additional Agreement.
12. Disclaimers. ALL DATA AND OTHER LICENSOR MATERIALS PROVIDED OR MADE ACCESSIBLE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR AND ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. LICENSOR AND ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND BUSINESS PARTNERS DO NOT WARRANT THAT ACCESS TO OR USE OF ANY DATA, API, OR OTHER LICENSOR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. LICENSEE’S USE OF ANY DATA AND OTHER LICENSOR MATERIALS PROVIDED OR MADE ACCESSIBLE IN CONNECTION WITH THIS AGREEMENT AND ANY APPLICATION IS ENTIRELY AT LICENSEE’S OWN RISK.
13. Limitation of Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement, the following terms and conditions shall apply with respect to this Agreement and any and all Data, the API, and other Licensor Materials:
(a) Limitation of Liability. NEITHER LICENSOR NOR ITS AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, OR BUSINESS PARTNERS, OR ANY DIRECTOR, OFFICER, EMPLOYEE, CONSULTANT, AGENT OR OTHER REPRESENTATIVE OF ANY OF THE FOREGOING, WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE DATA OR OTHER LICENSOR MATERIALS OR THIS AGREEMENT, OR FOR DAMAGES ARISING FROM ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR OF LICENSEE’S USE OF OR ACCESS TO THE DATA OR OTHER LICENSOR MATERIALS. LICENSEE’S SOLE REMEDY FOR DISSATISFACTION WITH ANY DATA OR OTHER LICENSOR IS TO STOP USING THE DATA AND OTHER LICENSOR MATERIALS, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF LICENSOR AND ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, OR BUSINESS PARTNERS FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR OTHERWISE, IN CONNECTION WITH THE DATA AND OTHER LICENSOR MATERIALS OR THIS AGREEMENT, WILL BE LIMITED TO ANY FEES PAID BY LICENSEE HEREUNDER.
(b) Indemnification. Licensee agrees to indemnify, defend and hold Licensor, its affiliates and its and their licensors, suppliers, service providers, business partners and customers, and all directors, officers, employees, consultants, agents and other representatives of all of the foregoing, harmless from and against any claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorney’s fees), arising out of or in connection with any claim, action or proceeding (“Claims”) that arise directly or indirectly out of: (i) Licensee’s access to, use of or other activities in connection with the Data, the API or any other Licensor Materials; (ii) each Application, its use and any transactions conducted through it; (iii) the operation of Licensee’s business, whether in connection with the Data and other Licensor Materials or otherwise, (iv) any breach by Licensee of any representations, warranties, covenants or obligations under this Agreement or, if applicable, any Additional Agreement; or (v) any claim that an Application (including any component thereof), or Licensee’s use of the Data or other Licensor Materials, infringes, misappropriates or violates any third-party intellectual property or proprietary rights. At Licensor’s sole election, Licensee will assume control of the defense and settlement of any Claim that is subject to indemnification by Licensee pursuant to this Section 13 (provided that Licensor may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and provided that Licensee will not settle any such Claim without Licensor’s express prior written consent).
14. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law. Licensee agrees to exclusive jurisdiction of the federal and state courts located in San Francisco County, U.S.A., and waives any jurisdictional, venue or inconvenient forum objections to such courts.
15. Miscellaneous. Unless the context requires otherwise, as used in this Agreement, the term “including” means “including without limitation” and the term “include(s)” means “include(s) without limitation.” Licensee acknowledges and agrees that this Agreement will not be deemed to create an exclusive relationship between Licensor and Licensee, and that Licensor and/or its affiliates may develop or be developing products or services that may compete with any Application or any other products or services, and that Licensor and/or its affiliates may enter into agreements, arrangements and relationships similar to the relationship contemplated by or relating to products or services contemplated by this Agreement. Licensee will not assign, transfer, sublicense, or delegate any or all of its rights or obligations under this Agreement without Licensor’s express prior written consent. Licensor may assign, transfer, sublicense, and delegate any or all of its rights or obligations under this Agreement without restriction. Any notices permitted or required to be given hereunder by Licensor to Licensee may be given by posting on the Site, or by e-mail or postal mail to any address provided by Licensee to Licensor, or by any other reasonable means. Any notices permitted or required to be given hereunder by Licensee to Licensor shall be given by registered mail or courier service to: Streetline, Inc., 393 Vintage Park Dr., Suite 140, Foster City, CA 94404, attention: Chief Operating Officer, or such other address as Licensor may post on the Site for such purpose. Except for any Additional Agreement and any Pricing Schedule, this Agreement (together with all policies referred to herein) constitutes the entire agreement between Licensee and Licensor relating to the subject matter herein, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between Licensee and Licensor relating to such subject matter. Except as expressly provided herein, nothing in this Agreement will be deemed to confer any third-party rights or benefits.