LTA Software Development Kit Terms of Use

The Land Transport Authority of Singapore (“LTA”) may offer datasets through a Software Development Kit. Use of the datasets is governed by the Singapore Open Data Licence. The service through which you may access and/or use the LTA Software Development Kit (referred to herein as the “SDK” and specifically including but not limited to header files, libraries, simulators, and software (source code and object code labelled as part of the SDK) is subject to the terms set out in this LTA Software Development Kit Terms of Use (“SDK TOU”). The SDK TOU forms a legally binding agreement between you and LTA (each a “Party”, and collectively, the “Parties”) in relation to your access to, and/ or use of, the SDK.

1. 	Accepting this SDK TOU
1.1	In order to access and/ or use the SDK, you must first agree to the terms of this SDK TOU. You must not access and/ or use the SDK if you do not accept the terms of this SDK TOU.
1.2	By clicking “I agree” in order to accept, and access and/or use this SDK, you hereby agree to the terms of this SDK TOU. 
1.3	If you are agreeing to be bound by this SDK TOU on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this SDK TOU. If you do not have the requisite authority, you shall not accept this SDK TOU, or access and/ or use the SDK on behalf of your employer or other entity.

2.	 SDK Licence from LTA
2.1	Subject to the terms of this SDK TOU, LTA hereby grants you a limited, Singapore, royalty-free, non-assignable, non-exclusive and non-sublicensable licence to use the SDK solely for the purpose of developing applications for the Next-generation Electronic Road Pricing (nexgen ERP) on-board unit (“OBU”) for LTA and/or third parties for both commercial and non-commercial purposes. . You agree that LTA may at any time, through amendment(s) to the terms of this SDK TOU, charge royalty fees, licence fees and any other fees related thereto for any licence granted by LTA for your access to, and/or use of the SDK.
2.2	You agree that LTA own all legal right, title and interest in and to, the SDK and its datasets, including any Intellectual Property Rights that subsist in the SDK and its datasets. “Intellectual Property Rights” for the purpose of this SDK TOU, shall mean any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. LTA reserves all rights not expressly granted to you.
2.3 	You shall not use the SDK for any purpose not expressly permitted by this SDK TOU. Except to the extent required by the applicable third party licences, you shall not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any part thereof.
2.4	You agree that the form and nature of the SDK that LTA provides may change at any time without prior notice to you, and that future versions of the SDK may be incompatible with applications developed on previous versions of the SDK. 
2.5	You agree that LTA may at any time, stop (temporarily or permanently) providing the SDK (or any features within the SDK) to you or to users generally, at LTA’s sole and absolute discretion without any prior notice to you or any other user. 
2.6	Nothing in this SDK TOU grants you any rights over (a) any personal data should any personal data be included or exposed through the SDK, inadvertently or otherwise; and (b) any intellectual property (whether belonging to LTA or otherwise) found in content accessible through the SDK. 
2.7	You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the SDK and its datasets.

 3.	Use of the SDK by You 
3.1	You are required to ensure that the application developed through the SDK for Android and/or iOS operating systems (“OS”) displays a message prompt to require motorists’ consent for the application’s use and/ or and access of their data from the OBU. 
3.1A 	In addition to Clause 3.1, if you are developing an alternative display application for the OBU, you shall ensure that your application accurately displays all of the information shared by the OBU), which will be made available through the SDK. Such information to be displayed shall include but are not limited to: 
	(a) Road Pricing alerts;
	(b) Charging information;
	(c) Information relating to payment status;
(d) Traffic information; 
	(e) Card balance; 
	(f) Card status; and 
	(g) Backend payment account indicator.
3.1B	You are required to ensure that if no consent message is prompted by the application, or if consent is not obtained from motorists pursuant to Clause 3.1, that the application does not use and/ or access the motorists’ data from the OBU.	
3.2	LTA agrees that it obtains no right, title or interest from you under this SDK TOU in or to any software applications that you develop using the SDK, including any Intellectual Property Rights that subsist in those applications. 
3.3	You agree that if you use the SDK to develop applications for general public users, you will protect the privacy and legal rights of those users in accordance with all applicable laws. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be made available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely.
3.4 	You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party. 
3.5 	You agree that you are solely responsible for (and that LTA has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through your application(s), and for the consequences of your actions (including any loss or damage which LTA may suffer) by doing so. 
3.6 	You agree that you will credit the nexgen ERP as an integral enabler of the value-added services or features by displaying an acknowledgement in the application clearly stating that the feature is empowered by nexgen ERP.:

3.7 	You agree that you are solely responsible for (and that LTA has no responsibility to you or to any third party for) any breach of your obligations under this SDK TOU, any applicable third party contract, or any applicable law or regulation, and for the consequences (including any loss or damage which LTA or any third party may suffer) of any such breach.
3.8	Without prejudice to Clause 9.1 of this SDK TOU, LTA makes no guarantee whatsoever as to the suitability or compatibility of the SDK offered to you (and as may be amended from time to time pursuant to this SDK TOU) with any applications developed by you, for any and all operating systems generally (including the aforesaid OS). 

4. Your Developer Credentials 
4.1	You agree that you are solely responsible for maintaining the confidentiality of any developer credentials that may be issued to you by LTA or which you may choose yourself and that you will be solely responsible for all applications developed under your developer credentials. For the purpose of this SDK TOU, “developer credentials” shall mean the electronic mail address provided by you when you first accepted the terms of this SDK TOU in order to access and/ or use the SDK, as well as the SDK account key issued to you by LTA in respect of such access and/ or use of the SDK.

5. Third-Party Applications 
5.1	If you use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that LTA is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third-party applications are the sole responsibility of the person or party from which they originated and that LTA is not responsible or liable for any loss or damage that you may suffer as a result of any use or access of any of those third party applications, data, content or resources.
5.2	You should be aware that the data, content, and resources presented to you through such third party applications may be protected by Intellectual Property Rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.
5.3	You acknowledge and agree that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, the SDK TOU does not affect your legal relationship with these third parties.

6.	Terminating this SDK TOU
6.1	The SDK TOU shall continue to apply until it is terminated by either you or LTA as set out below. 
6.2	If you want to terminate this SDK TOU, you may do so by ceasing your use of the SDK and any relevant developer credentials.
6.3	LTA may at any time, terminate this SDK TOU or suspend your access to, and/ or use of the SDK, for any reason whatsoever without any requirement to provide any reason to you or any third party for the termination or suspension. Upon such termination or suspension, you shall immediately stop accessing and/ or using the SDK.
6.4	When this SDK TOU is terminated, all of the legal rights, obligations and liabilities that you and/ or LTA have benefited from, been subject to (or which have accrued over time whilst this SDK TOU is in force) or which are expressed to continue indefinitely, as applicable, shall be unaffected by the termination. 
6.5	Clauses 8 (Disclaimer of Warranties (OBU data)), 9 (Disclaimer of Warranties (SDK)), 10 (Limitation of Liability), 11 (Indemnification), 13 (General Legal Terms) and any other provision of this SDK TOU which is required to give effect to termination or the consequences of such termination, shall survive the termination of this SDK TOU.

7.	Privacy and Information 
7.1	In order to continually improve and update the SDK, LTA may, without any requirement to obtain your consent, collect certain data from the software including but not limited to the name of the application developed and the bundle ID of the application. 
7.2	The data collected is examined in the aggregate to improve and update the SDK and is maintained in accordance with LTA’s Privacy Policy, which is located at the following URL: [ https://go.gov.sg/lta-extol-privacystatement]

8.	Disclaimer of Warranties (OBU data)
8.1	The data from the OBU is provided on an "as is" and "as available" basis. LTA makes no representations or warranties in relation to the OBU data, including but not limited to any representation or warranty as to the accuracy, completeness, reliability, service levels, continued availability, timeliness, non-infringement, title, quality or fitness for any particular purpose to the fullest extent permitted by the law.

9.	Disclaimer of Warranties (SDK) 
9.1	You agree that that your access to, and/or use of the SDK and/or its datasets is at your sole risk. The SDK is provided on an "as is" and "as available" basis. LTA makes no representations or warranties in relation to the SDK, including but not limited to any representation or warranty as to the accuracy, completeness, reliability, service levels, continued availability, timeliness, non-infringement, title, quality or fitness for any particular purpose of the SDK to the fullest extent permitted by the law.

10.	Limitation of Liability
10.1	To the fullest extent permitted by law, LTA shall not be liable to you or any other user or any third party whether in contract, tort (including negligence), restitution, breach of statutory duty or otherwise, for damage or loss of any kind arising directly or indirectly from your or any third party's access to and/ or use of, or inability to access and/ or use, the SDK and/ or its datasets.

11.	 Indemnification
11.1	You shall indemnify LTA against all liabilities, damages, costs (including legal costs) and expenses arising directly or indirectly from: (a) any claim made by a third party in connection with your use of the SDK and/ or its datasets; (b) any system failure or downtime, and/or any lost or damaged data or software, arising from or in connection with your use of the SDK and/ or its datasets; (c) your violation of any rights of another person; or (d) any claim made by a third party in connection with the third party's use of the applications developed using the SDK and/ or its datasets, or any derived analyses or applications which you have provided.

12.	Changes to the SDK TOU
12.1	LTA may in its sole and absolute discretion and at any time, make changes to this SDK TOU to reflect updated versions of the SDK without notice to all users and without having to provide any reason to any and all users. When changes to the SDK TOU are made, LTA will, as soon as practicable, make a new version of the SDK TOU available to the user via an electronic mail sent to the user’s electronic mail address provided by the user when the user first accepted the terms of this SDK TOU.
12.2	You acknowledge and agree that: (a) it is your personal responsibility to check your electronic mailbox for any electronic mail sent by LTA pursuant to Clause 12.1 of this SDK TOU, for any changes to the SDK TOU; and (b) your continued access to, and/ or use of the SDK, following the posting by LTA of any changes to the SDK TOU will be deemed by LTA to be your acceptance of those changes.

13. 	General Legal Terms 
13.1	This SDK TOU constitutes the entire legal agreement between you and LTA and governs your access to, and/ or use of the SDK (excluding any services which LTA may provide to you under a separate written agreement, which includes without limitation, any agreement in respect of access to LTA Datamall and access to and/or use of API), and completely replaces any prior agreements between you and LTA in relation to the SDK.
13.2	No exercise or failure to exercise or delay in exercising any right or power or remedy vested in LTA under or pursuant to this SDK TOU or at law or in equity, shall constitute a waiver by LTA of that right or power or remedy or any other right, power or remedy.
13.3	No one other than a Party to this SDK TOU shall have any right to enforce any of its terms.
13.4	You shall not assign or transfer the rights granted in this SDK TOU without the prior written approval of LTA.
13.5	This SDK TOU shall be governed by and construed in accordance with the laws of the Republic of Singapore. The Parties to this SDK TOU submit to the exclusive jurisdiction of the Singapore courts.

Third-Party Dependencies:
- RealmSwift: This SDK includes dependencies licensed under the Apache License, Version 2.0. You can find the RealmSwift license terms at https://github.com/realm/realm-swift/blob/master/LICENSE.
