[OSM-newbies] Pennsylvania traffic-count data: is the license OK?

[Glenn Ammons]

I discovered OpenStreetMap last week and immediately thought that it
would be great to import more data about my current home state of
Pennsylvania.  There is a lot of data available at this website:

    http://www.pasda.psu.edu

However, I'm not sure that the licenses on this data are acceptable
for OpenStreetMap.  For example, here is the license for the state's
traffic-count data:

    The user shall indemnify, save harmless, and, if requested, defend the
    COMMONWEALTH, their officers, agents, and employees from and against
    any suits, claims, or actions for injury, death, or property damage
    arising out of the use of or any defect in the FILES or any
    accompanying documentation.

    The COMMONWEALTH excludes any and all implied warranties, including
    warranties or merchantability and fitness for a particular purpose.

    The COMMONWEALTH makes no warranty or representation, either express
    or implied, with respect to the FILES or accompanying documentation,
    including its quality, performance, merchantability, or fitness for a
    particular purpose.  The FILES and documentation are provided "as is"
    and the USER assumes the entire risk as to its quality and
    performance.

    The COMMONWEALTH will not be liable for any direct, indirect, special,
    incidental, or consequential damages arising out of the use or
    inability to use the FILES or any accompanying documentation.

    The USER is granted permission to translate and add value to the FILES
    for the use of the FILES on its computer hardware; provided, however,
    that the USER annually notify the UNIVERSITY / COMMONWEALTH of any
    customizing or value-adding work done.

    Any customized or value added versions of the files will contain the
    following disclaimer:

    THIS IS NOT A PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPROVED
    FILE. THE DEPARTMENT OF TRANSPORTATION RETAINS THE MASTER FILES.

    THE USER AGREES AND UNDERSTANDS THAT IT MAY NOT FURTHER DISTRIBUTE THE
    FILES TO A THIRD PARTY.

    If you have any questions or problems, contact the ORGANIZATION where
    you acquired the data.

I'm not a lawyer but these requirements seem problematic to me:
defending the commonwealth, annually notifying the
university/commonwealth about customizations and added value, and
including a disclaimer that forbids redistribution.

What do you all think?  Is data under this license usable in OpenStreetMap?

Thanks.
--glenn
West Chester, PA, USA