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BY CHECKING THE "ACCEPT" BOX, YOU AGREE TO BE BOUND BY ALL OF 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.
Disclaimer Of Warranties
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
Minimum Protective Terms
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distributes the Enhanced Value added Product, that the damages that Canada Post may incur as a result of parties using out-of-date data for mail preparation include costs that Canada Post will incur in processing and delivering that mail.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)."
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.
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.
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.