1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“End User” when used herein, shall mean the customer of IBM who is licensed to use the IBM technology under its agreement
“GBG” is a supplier to IBM for the provision of the CASS ™ Data through its Service.
“Licensed Materials” shall mean the Third Party Supplier’s technology which provides access to the CASS ™ Data, specifically
the data from the LACSLink® Product and the Delivery Point Verification (‘DPV’) from USPS®.
“Service” when used herein, shall mean the GBG Service which is supplied to IBM for use by its End Users and which
incorporates the Licensed Materials.
“Third Party Provider” means the supplier who is contracted with GBG to provide the Licensed Materials.
2. USE OF THE SERVICE
2.1. The Service including the CASS ™ Data must:
(a) Only be used for the End User’s own internal business use to update addresses and mailing lists.
(b) Only be used to process legitimately obtained addresses only, and shall not be used for the purpose of artificially creating
(c) Only be installed on computer workstations at physical location controlled by the End User within the United States; and
(d) Not be not redistributed or sold as an API, SDK or Programmer’s Toolkit.
2.2. Notwithstanding any provisions in the End User’s agreement, the End User has no right to sub-license, distribute, reproduce, perform, create derivative works, display or sell the Service.
2.3. The End User must not improve, correct, enhance, modify, alter, reconfigure, change, or prepare derivatives or variations of the Service, or any portion thereof directly or indirectly; or to reduce to practice any concepts, ideas, or thoughts related to Licensed Materials, or any portion thereof.
2.4. The End User may not use and may not permit any of End User’s customers to use information obtained or derived from the Service for any purpose inconsistent with these terms, including but not limited to creating or maintaining any derivative products that incorporate data obtained from use of the Service in either whole or in part for the benefit of End User or its customers.
3.1. The End User shall, at all times, maintain: (a) Appropriate computer and network security controls to restrict access to the Service and to ensure a secure environment for the Service; and (b) Personnel and management polices sufficient to provide reasonable assurance of the trustworthiness and competence of its employees with access to the Service incorporating the Licensed Materials in accordance with all applicable laws, rules and regulations.
3.2. The End User must not make or allow any attempt to restructure or reverse engineer any of the Service or any function, or process which allows access to the Service.
4.1. United States Postal Service shall have no liability to the End User under these terms and, in particular, shall not have any liability resulting from accident, abuse or misuse of the Data or Service by the End User.
5. EXCLUSION OF WARRANTIES
5.1. The Third Party Supplier has warranted that the Third Party Supplier’s software conforms to the accuracy standards established by the USPS® for CASS Certified software and that USPS®® CASS testing standards shall be maintained.
5.2. The End User acknowledges and agrees that, except as expressly stated otherwise, the Service is provided “as is” / “as available” and with all faults and is provided without any warranties, representations, covenants, promises or guarantees as to the use or the results of the use of the Service or written materials in terms of correctness, currency, accuracy, functionality, performance, reliability, fitness or other qualities for any purpose.
5.3. Any conditions, terms or warranties as to the same implied or imposed by statue or common law are hereby excluded to the fullest extent permitted by law.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. The End User acknowledges and accepts that the United States Postal Service is the exclusive owner of all right, title and interest in the LACSLink® and DPV components of the CASS ™ Data and the End User shall protect and maintain the
confidentiality and value of the same and further agrees not to take any action that may jeopardize or prejudice the interests of the United States Postal Service with respect to the CASS ™ Data.
6.2. End User will not contest that USPS® is the sole owner of all rights, title, and interest in the intellectual property rights and any other rights in the LACSLink® and DPV components of the CASS ™ Data.
6.3. LACSLink® and DPV is confidential proprietary property of USPS® and USPS® reserves the right to make any and all changes to the same as it deems necessary.
6.4. The End User agrees and acknowledges and will not contest that USPS® owns all right, title, and interest in the trademark “LACSLink®”, as well as in the other USPS® Trademarks (and any others identified as such in the CASS ™ Data or elsewhere), and that it will not use the USPS® Trademarks (or any other trademarks owned by USPS®) except with the permission of the USPS®. Should End User use of any trademarks owned by USPS®, such use will inure solely to the benefit of USPS®; that all goodwill and reputation in the USPS® marks belongs to USPS® and will continue to belong to it; and that End User will not, at any time, acquire any ownership rights in the USPS® marks by virtue of any use it may make of USPS® marks.
6.5. The End User agrees not to use any of the following names or marks nor any derivative thereof nor any confusingly similar name or mark: CASS, CASS Certified, COA, COA Link, DPV, DSF2, eLOT, FASTforward, IZ4, LACS, LACSLink®, LINK, MAC, MAC Gold, MASS, NCOA, NCOALink, SuiteLink and/or ZIP as End User’s company name, trade name, product names, domain names, trademarks (including word marks, service marks, logos, slogans), or as part of any of the foregoing with regard to End User’s products or services.
6.6. The End User acknowledges that any and all unauthorized disclosure of the Service and/or Data would damage the value and confidentiality of the Service and/or Data. Accordingly, the United States Postal Service has the right to seek injunctive relief against the End User should the value or confidentiality of the same be threatened without the USPS® needing to prove actual damage. Pursuance of injunctive relief shall not limit any other rights or remedies afforded to the USPS® under these Additional Terms or otherwise available through law.
7. TERMINATION RIGHTS
7.1. The End User’s rights to use the CASS ™ Data may be terminated by GBG if required by the Third Party Supplier or USPS® if the End User fails to comply with any material term or condition of these Additional Terms and fails to cure such breach within 90 days of a written request to do so.
8. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
8.1. GBG does not use Sub-processors to provide the Service as the Licensed Materials are hosted locally by GBG.
9. GOVERNING LAW AND JURISDICTION
9.1. In relation to any matter concerning the Service and these Additional Terms, these Additional Terms shall, at the option of USPS®, be governed by the laws of the District of Columbia and the federal laws of United States and the End User agrees
where possible to submit to the jurisdiction of the courts of the District of Columbia, United States.