This license agreement is for the Total Zip Code Database software,
database, and documentation (hereinafter the “PRODUCT”). This is an
agreement between FMS, Inc. (FMS) as LICENSOR and you, the LICENSEE.
YOU MUST AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU CAN
INSTALL OR USE THE SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE
AGREEMENT FOR THIS OR ANY FMS SOFTWARE PRODUCT, YOU MAY NOT INSTALL OR USE
THE SOFTWARE. YOU SHOULD PROMPTLY RETURN ANY FMS SOFTWARE PRODUCT FOR WHICH
YOU ARE UNWILLING OR UNABLE TO AGREE TO THE TERMS OF THE FMS SOFTWARE
LICENSE AGREEMENT FOR A REFUND OF THE PURCHASE PRICE.
Grant of License
The PRODUCT is available on a per license basis. For each license
purchased, the LICENSEE is granted a non-exclusive right to install one copy
of the PRODUCT on one computer at one location. If you use the PRODUCT on a
multi-user computer system, the license covers all users accessing the copy.
FMS and the USPS reserves all rights not expressly granted to LICENSEE.
Additional licenses may be purchased for your internal corporate or
personal use, or for multiple organizations. Sales or transfers of
licenses must be submitted in writing to FMS before the transfer takes
Ownership of the Software
The PRODUCT is owned by FMS. The zip code data is owned by the United
States Postal Service (USPS) and licensed to FMS under license #23901430017.
FMS is a non-exclusive licensee of the United States Postal Service.
The PRODUCT is protected by United States copyright laws, by laws
of other nations, and by international treaties. You must treat the
PRODUCT like any other copyrighted material except that you may make
one copy of the PRODUCT solely for backup or archival purpose, and you
may transfer the PRODUCT to a permanent storage device. Title and
ownership remains the property of FMS and the USPS. This license is
not a sale of the original PRODUCT or any copy.
If you distribute or resell this PRODUCT outside your organization, you
must include it with an application that offers substantial value and
functionality beyond the PRODUCT.
If you claim copyright for an application that includes this
PRODUCT, you must mention: “Portions copyright by FMS, Inc. and the
United States Postal Service”
You may not rent or lease the PRODUCT, but you may transfer the PRODUCT
and the accompanying subscription on a permanent basis provided you retain
no copies, the recipient agrees to the terms in this License Agreement, and
you have not distributed the PRODUCT to anyone else. Ownership transfers
must be reported to FMS, Inc. in writing
ALL IMPLIED WARRANTIES OF THE PRODUCT, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO SIXTY
(60) DAYS FROM THE DATE OF PURCHASE OF THIS PRODUCT.
Although FMS, Inc. has tested this program and reviewed the
documentation, FMS, Inc. makes no warranty or representation, either
expressed or implied, with respect to this PRODUCT, its quality,
performance, merchantability, or fitness for a particular purpose. As a
result, this PRODUCT is licensed “AS-IS”, and you are assuming the entire
risk as to its quality and performance.
IN NO EVENT WILL FMS, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO
USE THIS PRODUCT OR ITS DOCUMENTATION.
THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
Some states do not allow the exclusion or limitation of implied
warrantees or liability for incidental or consequential damages, so the
above limitations or exclusions may not apply to you. This warranty gives
you specific legal rights, you may also have other rights that vary from
state to state.