Canadian Postal Code Database Terms of Service
BY CHECKING THE "ACCEPT" BOX, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
General
The copyright in this data ("the Data") is owned by Zip-Codes.com ("the Owner"). You may not load
the Data into any computer or copy it without the license of the Owner. The Owner offers you a non-exclusive license
on the terms of this Agreement.
You are not permitted:
To sell the data in whole or in part and market it as a "ZIP Code Database", "Postal Code Database", or any other similar designation. This restriction includes any manner that directly competes with our Zip-Codes.com website data sales.
Acceptance
You shall be deemed to have accepted the terms of this Agreement by downloading the Data from our servers.
User
A "User", as described on our website, is defined as an employee or contractor of the company that downloads our data to, or is given access to, our data for any purpose whatsoever. Each "Virtual Machine" that the data is used on also constitutes a single User. A virtual machine is a software computer that, like a physical computer, runs an operating system and applications. The virtual machine is comprised of a set of specification and configuration files and is backed by the physical resources of a host.
Term
This license is effective for one year upon purchase and is renewable each year with the repurchase of the redistribution version. It will also terminate if you fail to abide by this Agreement.
Ownership
The Owner shall at all times retain ownership of the Data and all subsequent copies thereof regardless of form. This Agreement applies to the grant of the license only and not to the contract of sale of the Data.
Disclaimer Of Warranties
You expressly understand and agree that:
Your use of The Service and The Product are at your sole risk. The Data / Product is provided on an "As Is" and "As Available" basis. Zip-Codes.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Zip-Codes.com makes no warranty that:
(1) The Data /Product will meet your requirements,
(2) The Data /Product will be uninterrupted or timely,
(3) The quality of any products, services, information, or other material obtained by you through The Data /Product will meet your expectations, and
No advice or information, whether oral or written, obtained by you from Zip-Codes.com or through or from Zip-Codes.com shall create any warranty not expressly stated in the Terms of Service.
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIP-CODES.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Zip-Codes.com or its affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of data, loss of profits, business interruption, litigation or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability or otherwise, arising out of or in any way connected with the use or performance of other sites, with the delay or inability to use other sites, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on other sites, even if advised of the possibility of such damages.
Indemnity
You agree to indemnify, defend, and hold harmless Zip-Codes.com and its affiliates from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to your violation of this Service.
Minimum Protective Terms
1. You acknowledge that under the Agreement of which this Schedule forms an integral part (hereinafter referred to as the "Agreement"), You have been licensed to use Licensor's product, Canadian Postal CodeOM Database, as the base for developing a further enhanced value-added product (the "Enhanced Value-added Product") for the purposes of (a) sublicensing the Enhanced Value-added Product to users who shall have no further sublicensing or distribution rights, or (b) providing value-added services using the Enhanced Value-added Product that cannot be provided by Canadian Postal CodeOM Database, or both (a) and (b). You further acknowledge that the data components of Canadian Postal CodeOM Database, or the data in the files required in order to use Canadian Postal CodeOM Database, were acquired by Licensor from third parties and that, relative to those third party data suppliers, Licensor is a licensee and You are a sublicensee (hereinafter such data components or data files referred to as the "Licensed Content").
One such third party supplier is Canada Post Corporation ("Canada Post") who has granted Licensor certain rights with respect to certain Canada Post Data (the "CP Licensed Data") under which Licensor may include the CP Licensed Data, in whole or in part, in the Licensed Content and distribute the same to its sublicensees of the Enhanced Value-added Product subject to the sublicensee's (in this case your) prior agreement to the terms and conditions set out in these Minimum Protective Terms.
2. You acknowledge that Canada Post is the owner of the copyright in the Canada Post Data. You acknowledge that it is only licensed to use the CP Licensed Data in conjunction with Canadian Postal CodeOM Database and the Enhanced Value added Product. You acknowledge that it may only grant rights to third parties to use the CP Licensed Product in conjunction with the Enhanced Value-added Product. Without limiting the generality of the preceding sentence, You have no right to distribute any CP Licensed Data on a stand-alone basis or for the purposes of use with any product other than the Enhanced Value-added Product.
3. You acknowledge, and agrees to provide notice to parties to whom it distributes the Enhanced Value added Product, that the damages that Canada Post may incur as a result of parties using out-of-date data for mail preparation include costs that Canada Post will incur in processing and delivering that mail. Such costs include, but are not limited to, the costs incurred by Canada Post
(i) for the manual readdressing and resorting of mail that was diverted from the normal automated mail processing stream because it was addressed with an invalid address, or the Postal CodeOM element of the address was invalid, or
(ii) if the mail was delivered to the wrong address as a result of having been addressed with an invalid address, or as a result of the Postal CodeOM element of the address being invalid, the cost of the original sorting, processing and delivery of the mail as well as the extra costs incurred for the manual readdressing and resorting of the mail.
(Postal Code is an official mark of Canada Post.)
4. In order to reduce the risk of Canada Post suffering damages as a result of out-of-date data being used for mail preparation and given that CP Licensed Data will be distributed as a component of the Licensed Content, You agree:
(a) not to distribute the Licensed Content until after you have put in place safeguards to reduce the risk of "data scraping" or "bulk downloads of data"; You agree to keep abreast of developments in technology and to update the safeguards in place to further reduce such risks as improved technology becomes available from time to time, and
(b) to ensure that the parties to whom the CP Licensed Data is distributed, whether as a component of the Enhanced Value-added Product or as a, or component of a, data file, to be used in conjunction with an Enhanced Value-added Product, are informed that the same is not to be used for mail preparation purposes and that this prohibition applies, without limitation, to each of the following:
(i) addressing mail;
(ii) presorting addressed mail;
(iii) preparing unaddressed mail by householder count for delivery.
5. You also acknowledge that if you develop any product that uses data for which the original source of that data is Canada Post, which product is intended to be used for any of the purposes listed in clause 4(b)(i), (ii) or (iii), You have no right to use or distribute such a product or to offer any services in relation to such a product unless you have a then current right to do so under a written agreement signed by both you and Canada Post.
6. You agree to include
(a) in the hard copy or electronic copy of the license agreements, which you represent will accompany all copies of the Enhanced Value-added Product and of the Licensed Content distributed by you that contain CP Licensed Data, and
(b) on the start-up screen of the Enhanced Value-added Product and in the terms and conditions of use
posted on any website by which a user may access the Enhanced Value-added Product,
a notice stating that the Enhanced Value-added Product contains data copied under license from Canada Post• Corporation and indicating the date of the Canada Post Corporation data file (or the date of the earliest Canada Post Corporation data file, if more than one) from which the data was copied. Where the language of your product or service is French, you shall use the French version of the pro forma notice that is set out further on below, but if the product or service is in a language other than English or French, you shall include the equivalent notice but in the relevant language. Each such notice shall be tailored with the appropriate information by replacing the "[Insert ... )"/ « [Indiquez ... ) » « [Inserez ... ) » instructions with the information contemplated:
"This [Insert appropriate reference to medium, i.e. diskette, tape, etc.) contains data copied under license from Canada Post Corporation. The Canada Post Corporation file from which this data was copied is dated [Insert date)."
French version of the pro forma notice
"[Indiquez Ie support approprie, c'est-a-dire «Cette disquette», « Cette bande magnetique», etc.) contient des donnees qui ont ete reproduites avec i'autorisation de la Societe canadienne des postes. Le fichier de la Societe canadienne des postes d'ou proviennent ces donnees est date du [Inserez la date)."
7. You acknowledge that the CP Licensed Data is licensed to you on an "as is" basis and that Canada Post makes no guarantees, representations or warranties respecting the CP Licensed Data, either expressed or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose. You will include a provision in its terms of use requiring a user of the CP Licensed Data to acknowledge that the CP Licensed Data is licensed on an "as is" basis and that Canada Post makes no guarantees, representations or warranties respecting the CP Licensed Data, either expressed or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
8. Neither Licensor nor Canada Post shall be liable in respect of any claims whatsoever alleging any loss, injury or damages, direct or indirect, which may result from your, or any of its user's, possession or use of the CP Licensed Data. Neither the Licensor nor Canada Post shall be liable in any way for loss of revenue or contracts, or any other consequential loss of any kind resulting from any defect in the CP Licensed Data.
9. You shall indemnify Canada Post and its officers, employees and agents from all claims whatsoever alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of your possession or use of the Licensed Content. You will include a provision in its terms of use requiring a user of the CP Licensed Data to indemnify Canada Post and its officers, employees and agents from all claims whatsoever alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of such user's possession or use of the CP Licensed Data.
Changes to Sites
Zip-Codes.com may change or modify the information, services, products, materials, and any other resources contained on or accessible through their sites, or discontinue their sites altogether, at any time without notice. If Zip-Codes.com discontinues its service for any reason, it will refund any prorated portion of the database cost not already used by the customer.
Law
Governing Law; Consent to Jurisdiction. This Agreement shall be governed by the laws of the State of New York. Each party consents to the jurisdiction of the Federal and New York State courts sitting in Dutchess County, New York (and the appellate courts to which judgments of such Federal and State courts may be appealed), and agrees to commence any litigation hereunder in one of those courts.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
