ZIPList Can-USA Geocode TM End-User Enterprise License Agreement(Please click here for a detailed ZIPList Can-USA Geocode product description, sample records and pricing.)
Please read this License Agreement before using ZIPList Can-USA Geocode. This is a contract with important legal consequences. You and your organization, as the Licensee, indicate your acceptance of the Terms and Conditions of this Agreement by using or copying ZIPList Can-USA Geocode. If you do not agree to the terms of this License Agreement, you are not permitted to use ZIPList Can-USA Geocode, and you must immediately delete all downloaded files of ZIPList Can-USA Geocode from your computer(s) and/or promptly return the ZIPList Can-USA Geocode media to CD Light, LLC for a refund of the purchase price.
GRANT OF LICENSE
CD Light, LLC grants Licensee the following non-exclusive, world-wide rights with respect to ZIPList Can-USA Geocode. Licensee may: (a) use ZIPList Can-USA Geocode in accordance with the terms of this Agreement; (b) make multiple copies of ZIPList Can-USA Geocode for backup or archival purposes; (c) install ZIPList Can-USA Geocode at multiple locations and/or on multiple computers or workstations. ZIPList Can-USA Geocode may be installed on multiple network servers, in whole or in part, or as part of a derivative work, and may be used simultaneously by an unlimited number of users within Licensee's organization.
Further, ZIPList Can-USA Geocode may be accessed and used by an unlimited number of end-users outside of Licensee's organization when used in conjunction with Licensee's product(s) or as part of a derivative work accessed via the world wide web or other web portal service, so long as ZIPList Can-USA Geocode and/or derivative works remain on servers or computers maintained and controlled by Licensee's organization.
Licensee may NOT: (a) use or copy ZIPList Can-USA Geocode except as provided in this Agreement; (b) transfer, rent, lease, lend, copy, modify, translate, sublicense, timeshare, or electronically transmit ZIPList Can-USA Geocode or any derivatives thereof to any third party; (c) modify, adapt, or translate ZIPList Can-USA Geocode in whole or in part, except as provided in this Agreement; or (d) incorporate ZIPList Can-USA Geocode into another product for commercial or non-profit distribution.
In addition, Canada Post Corporation imposes the following additional restrictions:
1. No public access through the internet to Canada Post Data Files or to Postal CodeOM look-up or addressing tools that would provide information that includes data from any of the Canada Post Data Files is permitted.
2. Use of this data after the expiration date specified in the ZIPList Can-USA Geocode documentation file that accompanies each version of the database for the purposes of addressing mail to be delivered by Canada Post is expressly prohibited.
Permission to distribute ZIPList Can-USA Geocode, in whole or in part, or as part of a derivative work, outside of Licensee's organization, is not granted by this Agreement, and is specifically prohibited.
Permission to prepare derivative works, incorporating ZIPList Can-USA Geocode in whole or in part, for use only within Licensee's organization, is granted to Licensee. Such derivative works may be distributed within Licensee's organization and/or used simultaneously used by an unlimited number of users within Licensee's organization.
Such derivative works may not be used or distributed, commercially or privately, outside of the Licensee's organization.
The term of this Agreement shall be one year (twelve calendar months) starting with the database version month and year specified on the order confirmation for ZIPList Can-USA Geocode issued to Licensee by CD Light at the time the order was placed.
This Agreement entitles Licensee to use the one version ("Current Version") of ZIPList Can-USA Geocode which is available from CD Light, LLC on the date of the invoice issued to Licensee by CD Light, LLC. However, if Licensee has paid for a quarterly subscription for ZIPList Can-USA Geocode, Licensee is entitled to receive the Current Version, plus the next three (3) quarterly version updates of ZIPList Can-USA Geocode. If Licensee has paid for a monthly subscription for ZIPList Can-USA Geocode, Licensee is entitled to receive the Current Version, plus the next eleven (11) monthly version updates of ZIPList Can-USA Geocode. All provisions of this Agreement apply to all versions of ZIPList Can-USA Geocode delivered to Licensee by CD Light, LLC, and remain in effect after all version updates have been delivered to Licensee by CD Light, LLC.
OWNERSHIP & COPYRIGHT
Title, ownership rights and intellectual property rights in and to ZIPList Can-USA Geocode and all copies thereof shall remain in CD Light, LLC and/or its licensors. ZIPList Can-USA Geocode is copyrighted and protected by United States copyright laws and international treaty provisions. Licensee agrees: (a) not to remove any copyright notice from ZIPList Can-USA Geocode; (b) to reproduce all such notices on any authorized copies Licensee makes; and (c) to use best efforts to prevent any unauthorized copying of ZIPList Can-USA Geocode.
ZIPList Can-USA Geocode, in its various forms, is a compilation of information gathered by CD Light, LLC. ZIPList Can-USA Geocode contains a large body of information that is public knowledge, but at the same time it represents a substantial creative compilation effort. Accordingly, it enjoys the same copyright protection as other reference works, such as dictionaries, that contain compilation effort.
For a period of thirty (30) days from the date of the ZIPList Can-USA Geocode invoice issued to Licensee by CD Light, LLC, CD Light, LLC warrants that: (a) the media (if any) on which ZIPList Can-USA Geocode is distributed will be free from defects in material and workmanship under normal use; and (b) the database conforms substantially to the accompanying Documentation. Specifically, CD Light, LLC makes no representation or warranty that ZIPList Can-USA Geocode data, or the accompanying Documentation are "error-free", or meet Licensee's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition, or other term is limited to the physical media (if any) and documentation, and is limited to the 30-day duration of the limited warranty. If CD Light, LLC receives notification within the warranty period of defects in materials or workmanship, and determines that such notification is correct, CD Light, LLC will replace the defective media or documentation.
NO OTHER WARRANTIES
CD LIGHT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
LIMITATION OF LIABILITY
The entire and exclusive liability and remedy for breach of the limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or other similar claims, even if CD Light, LLC has been specifically advised of the possibility of such damages. In no event will CD Light, LLC's liability for any damages to Licensee or any third party ever exceed the original purchase price paid for the package or the license to use the software, regardless of the form of the claim.
Licensee may terminate this Agreement at any time. CD Light, LLC will immediately terminate this Agreement and Licensee's right to use ZIPList Can-USA Geocode without written notice upon Licensee's failure to comply with any provision of this Agreement. If this Agreement is terminated for any reason, Licensee will: (a) cease all use of ZIPList Can-USA Geocode; and (b) delete ZIPList Can-USA Geocode and all copies from all computers on which it is resident.
This Agreement represents the complete agreement between the parties relating to this license for ZIPList Can-USA Geocode and supersedes all prior agreements, communications, proposals, and representations between the parties and prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communication.
GOVERNMENT RESTRICTED RIGHTS
ZIPList Can-USA Geocode is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subpara-graph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380.
This Agreement is governed and interpreted in accordance with the laws of the State of Texas, USA, except for that body of law dealing with conflicts of law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
If Licensee has any questions concerning this Agreement, please send email to firstname.lastname@example.org or write to CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380, USA.
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