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This service supports fixed query. Some queries may include required input parameters. (learn more about query types)This service implements the Data Quality Services API. You will only be able to use this service from an application that supports Data Quality Services (learn about applications that support Data Quality Services). If you are a developer, learn how to integrate your application with a service that implements the Data Quality Services API.
DMTI LOCATION HUB® END USER LICENSE AGREEMENT
FOR MICROSOFT SQL SERVER DQS
Acceptance of Terms. BY SCROLLING TO THE BOTTOM OF THIS AGREEMENT AND CLICKING ON THE "I ACCEPT" BUTTON, CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT. CUSTOMER REPRESENTS THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT.
THIS AGREEMENT is made as of the date the Customer accepts this Agreement (the "Effective Date"), by and between: DMTI SPATIAL INC. ("DMTI"), a corporation incorporated under the laws of the Province of Ontario with its head office at 15 Allstate Parkway, 4th Floor, Markham, Ontario L3R 5B4 and the customer ("Customer") purchasing transactions through the Windows Azure Marketplace.
- Grant of License. On the purchase of transactions, DMTI shall grant to Customer a non-exclusive, non-transferable license to access Location Hub® (the "LH Service") and DMTI data products ("Data Products"), (collectively "Materials"), subject to the terms and conditions contained herein. Customer may use the Materials solely for internal business purposes, and not for the processing of records for third parties, as a service bureau, or for other similar purposes. Customer will not sell, rent, market, lease, publish, or sublicense the Materials or create a subset or derived product from the Materials for distribution to third parties.
- Transactions. A transaction shall be defined as a single customer record ("Customer Record") presented to the LH Service for processing, with the corresponding licensed Data Products returned in the form of a report or modified records.
- Intellectual Property. Customer acknowledges that the Materials belong to DMTI and its third party suppliers and are copyrighted. Unauthorized copying of the Materials is expressly forbidden and Customer may be held legally responsible for copyright infringement which is caused or encouraged by its failure to abide by the terms of this Agreement.
- Trademarks. The Materials are marketed under certain registered and unregistered trademarks, which are the sole and exclusive property of DMTI. The Customer acquires no interest in any of such trademarks and shall not modify or remove such trademarks. Customer may not use any DMTI trademarks without the written consent of DMTI.
- Canada Post Data. The Materials contain Postal CodeOM data copied under license from Canada Post Corporation. The Canada Post Corporation file from which this data is copied is dated December 2011 [or later in the case of updates]. Postal Code is an official mark of Canada Post Corporation. With respect to the Canada Post data included in the Materials, Customer acknowledges that DMTI has been granted certain rights to use and copy (i) Canada Post data from Canada Post data files for the purposes of creating derivative files, or (ii) data from such Canada Post data files, for distribution in conjunction with DMTI products/services. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER'S USE OF THE MATERIALS CONTAINING POSTAL CODE DATA SHALL BE SUBJECT TO THE TERMS OF SCHEDULE "A", ATTACHED TO AND FORMING A PART OF THIS AGREEMENT.
- Confidentiality. Customer and DMTI may each have access to the Confidential Information of the other party in connection with this Agreement. "Confidential Information" means all proprietary data and information embodied in the Materials and all data and information relating to the business and management of DMTI and Customer (including Customer Data submitted for processing). Each party hereby agrees that it shall not disclose any Confidential Information obtained by it hereunder from the other party. Confidential Information shall not include any data or information which: i) is or becomes publicly available through no fault of the other party; ii) is already in rightful possession of a party prior to its receipt from the other party; iii) is independently developed by the other party; iv) is rightfully obtained by the other party from a third party without a confidentiality obligation; v) is disclosed with the written consent of such a party; or vi) is disclosed pursuant to court order or other legal compulsion, after notice to the disclosing party providing an opportunity to attempt to limit such disclosure if desired. The obligations of confidentiality herein shall survive the termination of this Agreement.
- Customer Data. DMTI will process the Customer Records submitted through the LH Service, which may include the routing, delivery, and storage of Customer Records through and within secure third party data centers located in the United States and other countries. DMTI will only use the Customer Data for the purpose of performing the LH Service and will not use the Customer Data for any other purpose. To the extent that DMTI retains any copies of the Customer Data in order to perform the LH Service, such copies will be promptly deleted from DMTI's systems following delivery to the Customer. In no event shall DMTI make any Customer Data or output files available to any party other than Microsoft or the Customer.
- Privacy. The Customer represents and warrants that it (i) does and shall comply at all times with the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA") and all other applicable data protection and privacy legislation and; (ii) has obtained the informed consent of the individuals whose Personal Information (as defined in Part 1 of PIPEDA) is being collected and/or, used and/or disclosed.
- Limitation of Liability. Neither DMTI nor any of its third party suppliers shall be liable in respect of any claim, demand or action, irrespective of the nature or cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from Customer's possession or use of the Materials. Neither DMTI nor any of its third party suppliers 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 Materials.
- Disclaimer. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS IS WITH THE CUSTOMER. NO ORAL OR WRITTEN ADVICE GIVEN BY DMTI OR ITS AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES DMTI'S LIABILITY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- Indemnity. Customer agrees to indemnify and save harmless DMTI, its third party suppliers (including Canada Post Corporation) and their respective officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of Customer's possession or use of the Materials.
- Term. This Agreement will commence on the Effective Date and continue until the earlier of when all transactions have been utilized, transactions have expired, or for a period of one (1) year. In addition, DMTI may terminate this Agreement on giving notice in writing to the Customer if the Customer fails to comply with any provision hereof.
- Effect of Termination. Termination of this Agreement shall not relieve either party of their respective obligations and liabilities existing at or accruing to the date of termination nor relieve the parties of their obligations of confidentiality and privacy which shall survive termination.
- Notice. Any notice required hereunder shall be given by registered mail, personal delivery, or fax to the address set out in this Agreement (for DMTI) and to the address set out upon registration with the Windows Azure Marketplace (for Customer). Notices given by personal delivery or fax shall be deemed to have been given on the date of delivery or transmission. Notices given by registered mail shall be deemed to have been given on the fourth business day following the date of mailing.
- Amendment. This Agreement may only be amended in writing by means of a further instrument executed by authorized representatives of the parties hereto.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable, this Agreement shall be deemed to have effect as if such provision were not present.
- Assignment. Customer may not assign this Agreement, or sublicense, assign or delegate any right or duty hereunder, without the prior written consent of DMTI.
- Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to principles of conflict of law that would impose a law of another jurisdiction.
CANADA POST CORPORATION MINIMUM PROTECTIVE TERMS
1. The recipient (the "Recipient") acknowledges that the DMTI Materials include data acquired by DMTI from Canada Post Corporation (the "Canada Post Data"). The Recipient acknowledges that Canada Post Corporation is owner of the Copyright in the Canada Post Data. With respect to the Canada Post Data included in the DMTI Materials, DMTI has been granted rights to use and copy the Canada Post Data for the purposes of creating DMTI Materials, provided that the Canada Post Data is not extractible from the DMTI Materials. The Recipient may not extract or attempt to extract Canada Post Data from the DMTI Materials. The Recipient is not authorized to use or distribute the Canada Post Data for any purpose other than as a component of the DMTI Materials.
2. (a). The Recipient acknowledges and agrees that if it develops any product that uses data originally sourced from Canada Post Data, which is intended to be used for:
(i) validating or correcting address data for the purpose of producing a statement of accuracy,
(ii) presorting addressed mail, or
(iii) preparing unaddressed mail by householder count for delivery,
the Recipient has no right to use or distribute such a product or to offer any services in relation to such a product unless the Recipient has a then current right to do so under a software evaluation and recognition program agreement with Canada Post Corporation or, in the case of the use in item (iii), unless the Recipient notifies the user of the product in writing that the user must use householder count data that meets Canada Post Corporation's requirements for currency at the time the unaddressed mail is deposited with Canada Post Corporation for delivery.
(b) The Recipient agrees that it will include provisions in its license agreements for products using any Canada Post Data or data originally sourced from Canada Post Data to the effect of section 2(a) but with the necessary changes to make the provision applicable to the party receiving the data.
"This [Insert appropriate reference to medium, i.e. diskette, tape, etc.] contains Postal CodeOM Data copied under license from Canada Post Corporation. The Canada Post Corporation file from which this data was copied is dated [Insert date]."
"[Indiquez le support approprié, c'est-à-dire <>, <>, etc.] contient des données qui ont été reproduites avec l'autorisation de la Société canadienne des postes. Le fichier de la Société canadienne des postes d'où proviennent ces données est daté du [Insérez la date]."
4. The Recipient agrees:
(a) not to distribute any product containing Canada Post Data or data originally sourced from Canada Post Data until the Recipient has put in place safeguards to reduce the risk of "data scraping" or "bulk downloads of data"; and
(b) not to allow public access through the internet to a stand-alone Postal Code look-up tool whose purpose is to retrieve the postal code associated with a given address.
5. The Recipient acknowledges that the DMTI Materials and the Canada Post Data contained therein is licensed to the Recipient on an "as is" basis without warranty of any kind, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
6. Canada Post Corporation shall not be liable loss or damage, whether direct or indirect, which may result from the Recipient's use or possession of the Canada Post Data, even if Canada Post Corporation knew of the possibility of such damages.
7. The Recipient shall indemnify and save harmless Canada Post Corporation and its respective officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the Recipient's possession or use of the Canada Post Data.
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