File(s) From the Oklahoma Department of Transportation (ODOT).

ODOT is committed to providing electronic access to appropriate files. We make every reasonable effort to do so in a cross-platform and complex multi-protocol environment. We constantly test and retest our connectivity and solutions to ensure the greatest degree of ease of access and compatibility.

If the Receiver proceeds, the Receiver agrees to the following terms and conditions:

1. The State of Oklahoma, Department of Transportation (hereinafter referred to as ODOT) makes no warranty of any kind, express or implied, with respect to the file(s) which are the subject of this agreement, and specifically makes no warranty that said file(s) shall be merchantable or fit for any particular purpose. Furthermore, any description of said file(s) shall not be deemed to create an express warranty that such files shall conform to said description. The exhibition of any sample or model shall not be regarded as part of the basis of this agreement and shall not create an express warranty that the whole of the file(s) provided hereunder shall conform to any sample or model.

2. Receiver assumes all risk and liability for any losses, damages, claims or expenses resulting from the use, possession or resale of any file(s) furnished by ODOT pursuant to this agreement.

3. Receiver agrees to indemnify, defend and hold harmless ODOT, its officers, agents, and employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney's fees, arising from or by reason of receivers’ use, possession or resale with respect to any of the file(s) furnished by ODOT pursuant to this agreement, and such indemnification shall survive acceptance of said file(s) receiver.

4. Receiver agrees that it will not advertise, order for resale, or sell the file(s) furnished hereunder.

5. Receiver agrees that the ODOT has made every reasonable effort to provide information in a file format which offers cross-platform solutions (for both application and file compression). Some ODOT files are compressed. Compressed files can be identified by a file extension, (e.g., .sit, .bin, .hqx, .zip or .arc).

6. Receiver agrees that ODOT cannot be held responsible for problems arising from files which have been converted for use in non-native applications (e.g., Microsoft Word documents read in WordPerfect, Microstation design files to Autocad).

7. Receiver agrees that ODOT cannot provide the files in other file or compression formats, and agrees to use the files in the format provided.

8. These electronic files are provided for information only. In case of conflict between electronic and Department prepared printed copy, the language of the printed copy is controlling. The Department prepared printed copy is the "official-form" for these specifications.

9. The Department uses every effort to insure the accuracy of the information contained in these electronic files. However, updates to electronic files may or may not be available in a timely manner. Receiver’s electing to down load and use these electronic files are responsible for insuring that updates and/or revisions are identified and incorporated with the electronic files prior to any use. The Department does not warrant either expressly or implicitly the accuracy or timeliness of the information contained in these electronic files. The receiver of these files assumes all risk inherent in such use.

10. These terms and conditions constitute the complete and final agreement of the parties hereto.