The Florida Department of Transportation, herein the “DEPARTMENT” hereby grants the SunStore user non-exclusive, non-transferable, non-sublicensable, limited, and royalty free access to obtain, and utilize its Data. The SunStore user shall have the right to use the data in any manner it deems appropriate in furtherance of its business purposes, including without limitation providing the derivatives of the data and Product to third parties. DEPARTMENT reserves the right to make available the same data for other parties that request access to DEPARTMENT Data.

The DEPARTMENT retains all rights to the raw data being provided to the SunStore user. The SunStore user shall own all rights to Product and any formatted, predictive, or derivative data generated from the raw data. The use of any DEPARTMENT data, or the SunStore user derived Product that encourages driver behavior deemed undesirable by the DEPARTMENT, is strictly prohibited.

The Product is not permitted for insurance claims or traffic law enforcement.

The risk of use of the DEPARTMENT data is the sole responsibility of the SunStore user and the SunStore user shall indemnify, defend, save, and hold harmless the DEPARTMENT and its officials, employees, and agents from all claims, including but not limited to claims that arise from or relate to (i) a breach of the SunStore users’ representations and warranties, (ii) any personal injury, death or property damage caused by any alleged act, omission, error, fault, mistake or negligence of the SunStore user, its employees, agents, or representatives in connection with or incident to the SunStore users’ performance under or related to the use of DEPARTMENT data, and (iii) the infringement of any patent, copyright, trademark, trade secret or other proprietary right of any third party by the SunStore users’ use of the DEPARTMENT Data provided.

The SunStore user agrees to hold the DEPARTMENT harmless for any loss in service or degradation in quality of services that may arise.

The SunStore user agrees that it will not install or operate any software that may interfere with the DEPARTMENT’s communications or other DEPARTMENT electronic systems. In the event any such interference occurs, the SunStore user shall immediately remedy all problems caused by such interference. The SunStore user further authorizes the DEPARTMENT to disconnect or deactivate any software causing such interference and waives any claim it might otherwise assert as a result of such disconnection or deactivation.

The DEPARTMENT will provide a good faith effort in maintaining the quality of service of the connection to DEPARTMENT Data. DEPARTMENT makes no warranties concerning the quality or accuracy of the data provided. DEPARTMENT does not warrant it will be able to continuously provide the data without interruption and expressly reserves the right to discontinue the data stream at any time. DEPARTMENT reserves the right to immediately discontinue the DEPARTMENT Data stream without notice and at DEPARTMENT discretion upon evidence of tampering or other unauthorized interference with the DEPARTMENT Data.

The use of DEPARTMENT Data shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of this Disclaimer and Florida law, the laws of Florida shall prevail.