“Data” means any of the data that is available for download through DataSF.gov and includes any updates to that data. “Derivative Work” means a work that is based in any way or to any extent on the Data including without limitation any work that uses any of the Data in a modified form. “You” or “Your” refers to any individual or entity that seeks to use the Data.
IV. CITY'S INTELLECTUAL PROPERTY RIGHTS NOT AFFECTED
V. EXCLUSION OF WARRANTIES
VI. LIMITATION OF LIABILITY AND INDEMNITY
A. In no event shall the City 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 such may be disclaimed by law, or for any claim against You by any third party. In no event shall the City be liable for any claim, including claims by third parties, for loss or damages arising from erroneous Data or information contained in the Data. B. To the fullest extent permitted by law, You shall indemnify and save harmless the City, from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arise directly or indirectly, in whole or in part, from Your use of the Data, including without limitation Your use of the Data in a Derivative Work. In addition to Your obligation to indemnify the City, You specifically acknowledge and agree that You have an immediate and independent obligation to defend the City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to You by City and continues at all times thereafter.
VII. ACCEPTANCE OF OTHER CONDITIONS
For certain of the Data, there may be additional terms and conditions that are stated in the file containing such Data or on the page from which such Data is accessed. You understand and agree that You are bound by such additional terms and conditions.
VIII. GENERAL PROVISIONS