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Caltrans > DEA > Noise and Vibration Studies > Training

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Last Updated: Thursday, January 5, 2012 12:29 PM

License Agreement for the use of the Noise Training Modules.

Terms of Use

ACCEPTANCE OF TERMS State of California, Department of Transportation ("the Department") makes this Web site (the "Site") including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by the Department and third parties through the Site (collectively, the Services), available for your use subject to the terms and conditions set forth in this document and any changes to this document that the Department may publish from time to time (collectively, the "Terms of Use"). By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. The Department reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You agree to use the Site, the Materials, Services and products on the Site or accessible via the Site only for lawful purposes. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. COPYRIGHT STATEMENT The contents of all Materials available on any page within this Site are copyrighted by the Department unless otherwise indicated. Title to copyright in the Materials will at all times remain with the Department. All rights are reserved by the Department, and unless specifically authorized within the text of this Site. You may only use, download, copy the Materials contained in the Site in accordance with the Terms of Use. Any permitted copies of the Materials must retain the copyrighted notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms of Use, you may not edit, modify, disseminate, publish, transfer in any form or by any means or make use of the Materials without the express, prior written consent of the Department. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the Department or any third party referenced in the Materials. Nothing in this Site shall be construed as conferring any license under the Department's intellectual property rights, whether by estoppel, implication or otherwise. TRADEMARK STATEMENT The "CT" logo, the "CalTrans" logo and other Department logos and titles displayed on this Site are trademarks or services marks (collectively, "Marks") of the Department. All other products, company names or other trademarks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site without prior written permission of the Department or other trademark owners. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, the Department and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data-gathering and extraction methods in connection with the Site. DISCLAIMER AND LIMITATION ON LIABILITY (A) DISCLAIMER OF WARRANTIES THIS SITE IS PROVIDED "AS IS" OR "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE DEPARTMENT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS FROM PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF THIS WORLDWIDE WEB SITE, OR THE INFORMATION, DOCUMENTS, OR SOFTWARE HEREIN, EVEN IF THE DEPARTMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. CDOT DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES THE DEPARTMENT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. (B) LIMITATION ON LIABILITY The references and descriptions of Materials or Services within the Site materials are provided "As Is" or "As Available" without any warranty of any kind, express or implied. The Department is not liable to any party for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the access or use of, or the inability to access or use, the Site or any of the Materials or Services described herein. The possibility exists that unauthorized additions, deletions and alterations could be made by other parties to the Site. Although the Department tries to ensure the integrity and accuracy of the Site, it makes no guaranties as to the correctness or accuracy of the information on the Site. Although the Department's Site is accessible worldwide, not all Materials or Services discussed in the Site are available to persons or in all geographic locations. The Department reserves the right to limit the provision of its Materials or Services to any person, or geographic areas it so desires, and to limit the quantities of any Materials or Services that it provides. Any offer for any type of Material or Service made in the Site is void where prohibited. INDEMNITY AND LIABILITY You agree to indemnify and hold the Department, and its affiliates, officers, agents, consultants and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. GOVERNING LAW AND JURISDICTION This Site (excluding linked sites) is controlled by the Department from its offices within the State of California, United States of America. By accessing this Site, you and the Department agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and the Department also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Sacramento County and the United States District Court for the Eastern District of California with respect to such matters. ACKNOWLEDGEMENT OF TERMS AND CONDITIONS OF USE By using this Site you acknowledge the terms and conditions of use and you agree to the terms and conditions thereof. The Site shall be used for individual, personal, and confidential reference purposes only, and may be used only pursuant to these terms and conditions of use. This Site and the contents hereof are proprietary products of the Department. Contents of this Site may not, in whole or in part be disseminated, entered into a computer database, used as a part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means, except for the user's individual, personal and confidential reference. You agree to read these terms and conditions of use carefully before using the Site. If you do not agree to the use terms, you may not access or otherwise use the Site. The Department reserves the right to change the terms, conditions and notices under which this Site is offered.

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