Parcel Insight Inc. EULA
PARCEL INSIGHT, INC. END USER LICENSE AGREEMENT (EULA) IMPORTANT NOTICE TO PARCEL INSIGHT, INC. (�SERVICE PROVIDER�) DATA USER (�END USER�) UPON REGISTERING, YOU WILL SELECT A USER IDENTIFICATION AND PASSWORD THAT ARE UNIQUE TO YOU. END USER IS RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR USER IDENTIFICATION AND PASSWORD. PARCEL INSIGHT, INC. DOES NOT MAINTAIN A COPY OF YOUR PASSWORD. YOU WILL BE RESPONSIBLE FOR PAYMENT FOR INFORMATION ORDERED USING YOUR USER IDENTIFICATION AND PASSWORD. THE END USER IS RESPONSIBLE FOR MAINTAINING ACCURATE AND CURRENT USER PROFILES RELATED TO ITS PHYSICAL ADDRESS, BILLING ADDRESS, EMAIL ADDRESS, USER NAMES AND PASSWORDS AND ANY OTHER FORM OF COMMUNICATION BETWEEN SERVICE PROVIDER AND END USER. PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE COMPLETING THE REGISTRATION. BY USING THE PARCEL INSIGHT, INC. WEB PAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT REGISTER TO USE THE SYSTEM. IF YOU AGREE TO THE TERMS OF THIS EULA, CLICK "AGREE" TO COMPLETE YOUR REGISTRATION. 1. General. The use of the system is licensed, not sold, to you by Parcel Insight Inc. ("PI") for use only under the terms of this EULA, and PI reserves all rights not expressly granted to you. The rights granted herein are limited to PI's and its licensors' intellectual property rights and do not include any other patents or intellectual property rights. 2. Consent to Use of Data. You agree that PI and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your information ordered. PI may use this information for internal client relationship and product enhancement purposes. We will not resell or disclose information about you, your clients, or projects to other parties, except where required by law. 3. Confidentiality. (a) From time to time, either party (the �Disclosing Party�) may disclose or make available to the other party (the �Receiving Party�), whether orally or in physical form, confidential or proprietary information concerning the disclosing party and/or its business, products or services (�Confidential Information�) in connection with this EULA. The Receiving Party agrees that during the term of this EULA and thereafter: (i) it will use Confidential Information belonging to the Disclosing Party solely for the purposes of this Agreement; and (ii) it will take all reasonable precautions to ensure that it does not disclose Confidential Information belonging to the Disclosing Party to any third party (other than the Receiving Party�s employees and/or professional advisors who need to know the Confidential Information for purposes of carrying out this Agreement and who are bound by obligations of confidentiality to the Receiving Party) without first obtaining the Disclosing Party�s written consent. These confidentiality obligations will expire 3 years after the termination or expiration of this Agreement. The Recipient will be responsible for any breach of this Section by its employees, representatives, and agents. (b) Exclusions. For purposes hereof, �Confidential Information� will not include any information that the Receiving Party can establish by convincing written evidence: (i) was independently developed by the Receiving Party without use of or reference to any Confidential Information belonging to the Disclosing Party; (ii) was acquired by the Receiving Party from a third party having the legal right to furnish same to the Receiving Party; or (iii) was at the time in question (whether at disclosure or thereafter) generally known by or available to the public (through no fault of the Receiving Party). (c) Required Disclosures. If the Receiving Party is required to disclose Confidential Information under order of a court or any government agency, the Receiving Party will promptly notify the Disclosing Party in writing of such order unless prohibited by law and cooperate with the Disclosing Party to secure confidential treatment of the Confidential Information. 4. Permitted License Uses and Restrictions. Except as and only to the extent expressly permitted in this EULA or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the PI system or any part thereof. 5. Transfer. You may not rent, lease, lend or sublicense your user identification and password. 6. Termination. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from PI if you fail to comply with any term(s) of this EULA. Upon the termination of this EULA, your user identification will become deactivated. 7. Controlling Law and Severability. This EULA will be governed by and construed in accordance with the laws of the State of Washington. 8. Data Output Limitation. You agree not to resell, sublicense, rent, lend, lease, or host Data Output that includes printed maps generated from MapInfo Products or Data Output that includes individual x,y coordinates generated from MapInfoProducts. 9. Disclaimer. Information in this Report has been collected and aggregated by Parcel Insight, Inc. from government agencies and other publicly-available repositories that likely contain inaccuracies and incomplete data. The purpose of the Parcel Insight, Inc. aggregation is to provide our Customer with information in an easy to use and understandable format. Parcel Insight, Inc. cannot ensure the accuracy of the data that was aggregated and maintained by others. WE DO NOT WARRANT THAT THE REPORT WILL BE ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE INFORMATION IN THE REPORT, WHETHER EXPRESS, IMPLIED OR STATUTORY, OTHER THAN THOSE EXPRESSLY IDENTIFIED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, ACCURACY, RELIABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR ENTIRE LIABILITY, AND YOUR ONLY REMEDY, FOR A BREACH OF A WARRANTY WILL BE EITHER REPLACEMENT OF THE REPORT, OR RETURN OF THE FEES YOU PAID FOR THE PRODUCT OR SERVICES. PARCEL INSIGHT, INC. AND ITS THIRD PARTY LICENSORS WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR THE EFFECTIVENESS OR ACCURACY OF THE PRODUCTS, FOR THE COST OF PROCURING REPLACEMENT GOODS OR SERVICES, OR FOR LOST PROFITS OR LOST SALES, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY YOUR USE OF THE REPORTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The information in this report is provided �as is� and is not to be construed as legal advice. The information in the report is copyrighted by Parcel Insight, Inc. 2007, all rights reserved, and reproduction in any form is prohibited without prior written permission of Parcel Insight, Inc. . By accepting this EULA the End User agrees to accept services on a �AS IS� basis.
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Copyright © 2008 Parcel Insight Inc.