Terms of Use and License - Mobile Applications

Effective: June 21, 2019

This Terms of Use and License Agreement (“Agreement”) for The Port Authority of New York and New Jersey/PATH Mobile Applications (“App”) is a binding agreement between you (“You”) and The Port Authority of New York and New Jersey (“Port Authority”). This Agreement governs your use of the App. This App is licensed, not sold, to you.

BY USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this Agreement, the Port Authority hereby grants you a limited, revocable, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a single device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement.
  2. License Restrictions. You shall not:
    1. copy the App, except as expressly permitted by this license;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
    6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
  3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Port Authority and its licensors reserve and shall retain their respective right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto. The Port Authority reserves the right to modify, update or discontinue the App at its sole discretion, at any time, for any or no reason.
  4. Updates to this Agreement. We may provide you with notices, including those regarding changes to this Agreement by notifications through the App or email (if any provided). The Effective Date of this Agreement is listed at the top. You may view this Agreement at any time in the Apple App Store and Google Play Store. Your continued access or use of the App after the Effective Date of a revised Agreement or click-through acceptance of its terms in the App, shall represent your acceptance of the terms of the revised Agreement.
  5. Geographic Restrictions. The App’s content and services are based in the states of New York and New Jersey in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the content and services from outside the United States, you are responsible for compliance with local laws.
  6. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Port Authority is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Port Authority does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
  7. Term and Termination.
    1. The term of Agreement commences when you install the App and will continue in effect until terminated by you or the Port Authority as set forth in this Section 7.
    2. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
    3. The Port Authority may terminate this Agreement at any time without notice if it ceases to support the App, which the Port Authority may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    4. Upon termination:
      1. all rights granted to you under this Agreement will also terminate; and
      2. you must cease all use of the App on and delete all copies of the App from your Mobile Device.
      3. Termination will not limit any of the Port Authority’s rights or remedies at law or in equity.
  8. DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED “AS IS" AND “AS AVAILABLE”. THE PORT AUTHORITY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE PORT AUTHORITY MAKES NO WARRANTY OF ANY KIND THAT THE APP, NOR ANY CONTENT, SERVICE OR THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, DEVICE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
  9. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PORT AUTHORITY, NOR THE COMMISSIONERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF THE PORT AUTHORITY OR ITS SUBSIDIARIES, OR ANY OF ITS RESPECTIVE LICENSORS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE PORT AUTHORITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  10. Indemnification. You agree to indemnify, defend, and hold harmless the Port Authority, its subsidiaries and their respective Commissioners, directors, officers, employees, agents, or representatives and their successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.
  11. Modification to Terms. The Port Authority reserves the right to modify this Agreement. It is your responsibility to review this Agreement each time you download the App.
  12. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  13. Waiver. No failure to exercise, and no delay in exercising, on the part of the Port Authority of any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
  14. Entire Agreement; Governing Law. This Agreement and the App’s Privacy Statement constitute the entire agreement between You and the Port Authority with respect to your use of the App and shall be governed by the laws of the State of New York. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted in the state or federal courts located in the states of New York or New Jersey.

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