Licensing Agreement

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 place.

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.

Restrictions

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

Limited Warranty

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.