The following Copyrights and the Third Party Supplier Terms and/ or Attributions, apply to the Software and Services listed for each section.
Third Party Data Suppliers
Adams County Pennsylvania
Berks County Pennsylvania
Canada Post/Statistics Canada (CanPost)
The following provisions apply to data for Canada territory provided by Canada Post Corporation as the owner of the copyright, and Statistics Canada as the owner of all intellectual property rights, in the same data (collectively “Canada Post Data”). Trimble MAPS, Inc. is hereafter referenced as Trimble MAPS (“Trimble MAPS”)
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Licensee has been licensed to use the Trimble MAPS software and services, as the base for developing a further enhanced value–added product (the “Enhanced Value – added Product”) for the purpose of sublicensing the Enhanced Value –added Product to users who shall have no further sublicensing or distribution rights (“End User”).
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Licensee acknowledges that some of licensed content of Trimble MAPS software and services was acquired by Trimble MAPS from third Parties and that Licensee is a sublicensee with respect to the licensed content provided to Trimble MAPS by such third party suppliers (“Licensed Content”). Two such third party suppliers are Canada Post Corporation (“Canada Post”) and Statistics Canada who has granted Trimble MAPS certain rights under which Trimble MAPS may include the data from the Postal Code Conversion File, in whole or in part, in derivative files such as Trimble MAPS Software and Services and distribute such derivative files subject to the Licensee’s prior agreement to the terms and conditions herein set out as Minimum Protective Terms.
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As the Trimble MAPS Software and Services distributed is not to be used for the purpose of addressing mail, Licensee acknowledges and agrees that if Licensee develops any Enhanced Value-Added Product that uses data for which the original source of that data is Trimble MAPS software and services for the purposes of i) addressing mail, ii) presorting addressed mail or iii) preparing any unaddressed mail by householder count for the delivery, then Licensee will have no right to use or distribute such a product or to offer any services in relation to such a product. Without limiting the generality of the preceding sentence, Licensee has no right to distribute any Licensed Content on a stand-alone basis or for the purposes of use with any product other than the Enhanced Value-added Product .End User will include provisions in its terms of use prohibiting a recipient of the Enhanced Value –Added Product from using it for any of the purposes stated in paragraph 3 above.
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Other than expressly stated in these Minimum Protective Terms, Licensee agrees not to sell, pledge, assign sub-license or otherwise transfer to any third party the Licensed Content.
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Neither Canada Post Data or Statistics Canada, shall be liable: (i) in respect of any claim, demand or action, irrespective of the nature or cause of the claims whatsoever, alleging any loss, injury or damages, direct or indirect, which may result from Licensee’s , or any of its licensee’s’ use or possession or use of the data from Postal Code Conversion File. Neither Canada Post Data or Statistics Canada shall be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in such Licensed Content.
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Licensee shall indemnify and save harmless Canada Post and Statistics Canada and its officers, employees, agents from all claims whatsoever alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of Licensee’s’ possession or use of the Licensed Content.