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10
LIMITED or RESTRICTED rights as described in
DFARS 252.227-7014(a)(1) (JUN 1995) (DOD com-
mercial computer software definition), DFARS
227.7202-1 (DOD policy on commercial computer
software), FAR 52.227-19 (JUN 1987) (commercial
computer software clause for civilian agencies),
DFARS 252.227-7015 (NOV 1995) (DOD technical
data – commercial items clause); FAR 52.227-14
Alternates I, II, and III (JUN 1987) (civilian agency
technical data and noncommercial computer
software clause); and/or FAR 12.211 and FAR
12.212 (commercial item acquisitions), as appli-
cable. In case of conflict between any of the FAR
and DFARS provisions listed herein and this
License, the construction that provides greater
limitations on the Government’s rights shall con-
trol. Contractor/manufacturer is Tele Atlas North
America, Inc., 11 Lafayette Street, Lebanon, NH
03766-1445. Phone: 603.643. 0330. The Data is
©1984-200_ by Tele Atlas. ALL RIGHTS
RESERVED. For purpose of any public disclosure
provision under any federal, state or local law, it
is agreed that the Data is a trade secret and a
proprietary commercial product and not subject
to disclosure.
If you are an agency, department, or other entity
of any State government, the United States Gov-
ernment or any other public entity or funded in
whole or in part by the United States Govern-
ment, then you hereby agree to protect the Data
from public disclosure and to consider the Data
exempt from any statute, law, regulation, or code,
including any Sunshine Act, Public Records Act,
Freedom of Information Act, or equivalent, which
permits public access and/or reproduction or use
of the Data. In the event that such exemption is
challenged under any such laws, this Agreement
shall be considered breached and any and all
right to retain any copies or to use of the Data
shall be terminated and considered immediately
null and void. Any copies of the Data held by you
shall immediately be destroyed. If any court of
competent jurisdiction considers this clause void
and unenforceable, in whole or in part, for any
reason, this Agreement shall be considered ter-
minated and null and void, in its entirety, and any
and all copies of the Data shall immediately be
destroyed.
8. Additional Provisions with respect to
Canadian Data only.
a. No Creation of Mailing Lists.
You are prohibited from using the POIs (i) to
create mailing lists or (ii) for other such similar
uses.
b. Compliance.
You will use the POIs in compliance with all
applicable federal, state and local laws, rules
and regulations.
c. Indemnification.
You shall indemnify and hold infoUSA, Inc.
harmless against all third party claims or liabil-
ity which are based in whole or in part of the
users failure to comply with such laws, rules
and regulations or which result from the use of
the POIs through you.
d. Warranty.
In addition to the Warranties contained in the
Agreement, YOU UNDERSTAND THAT THE
POIS ARE LICENSED ON AN “AS IS” BASIS
WITHOUT GUARANTEE, AND THERE ARE NO
OTHER WARRANTIES MADE WHETHER,
EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE.
e. POIs Segregation.
You are prohibited from combining or merging
the POIs with any other POI data. The POIs
shall be maintained in such a way that they are
separately identifiable from all other POI data
at all times.
9. Miscellaneous.
This is the exclusive and complete Agreement
between Tele Atlas and you regarding its subject
matter. Nothing in this Agreement shall create a
joint venture, partnership or principal-agent rela-
tionship between Tele Atlas and you. The internal
laws of California shall govern this Agreement
and you consent to the jurisdiction of the North-
ern District of California or the State of California
for the County of Santa Clara. Sections 2 – 4 and
7 – 11 shall survive the expiration or termination
of this Agreement. This Agreement may be
amended, altered, or modified only by Tele Atlas.
CRB2297A_U_English.book Page 10 Friday, January 5, 2007 2:51 PM
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