AddressTools Premium: Global Address Validation and Standardization Suite

PROVEN WORKS LIMITED<BR>END USER LICENCE AGREEMENT<BR>NOTICE TO USER: PLEASE READ THIS LICENCE CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE THE LEGAL ENTITY USING THE SOFTWARE OR ON WHOSE BEHALF THE SOFTWARE IS USED (“LICENCEE”) ACCEPTS THE FOLLOWING TERMS FROM PROVEN WORKS LIMITED OF 127 LANGLEY HILL, TILEHURST, READING RG31 4EE (“PROVEN WORKS”). YOU AGREE TO BE BOUNDS BY ALL THE TERMS AND CONDITIONS OF THIS LICENCE. YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED LICENCE SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THE SOFTWARE. IF THIS LICENCE AGREEMENT WAS PROVIDED WITH AN INVOICE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT PAID FOR THE SOFTWARE IF YOU: (A) DO NOT USE THE SOFTWARE AND THE ACCOMPANYING ITEMS (INCLUDING ALL ELECTRONIC MATERIALS, DOCUMENTS ETC) AND (B) NOTIFY PROVEN WORKS IN WRITING OF YOUR NON ACCEPTANCE OF THIS LICENCE AGREEMENT, WITH PROOF OF PAYMENT, AT THE ADDRESS SET OUT BELOW WITHIN 30 DAYS OF THE PURCHASE DATE. ON USE OF THIS SOFTWARE OR ON BEHALF OF BY THE LICENCEE, PROVEN WORKS SHALL DEEM THAT THE TERMS OF THIS LICENCE AGREEMENT HAVE BEEN AGREED BY THE LICENCEE.<BR><BR>1. DEFINITIONS<BR>1.1 “Documentation” means the electronic information supplied with the Software, if any. <BR>1.2 “Effective Date” means the date of first use of the Software on the Platform by the Licensee. <BR>1.3 “License Fee” means the annual License Fee payable by Licensee in advance in respect of the use of the Software, as specified in an invoice issued by Proven Works and calculated in accordance with the [price list on the Salesforce App Exchange website]. <BR>1.4 “Licence Renewal Date” means the anniversary of the Effective Date, or the date on which any trial, evaluation or free period of use has expired.<BR>1.5 “Network Administrator” means a suitably experienced and qualified employee of the Licensee notified by Licensee to Proven Works by email or in writing from time to time as being responsible for the implementation, administration and maintenance of the Software within Licensee organization. <BR>1.6 “Permitted Number” means the number of unique users for which the Licensee is permitted to use the Software as set out on applicable invoice or otherwise confirmed in writing or by email by Proven Works to Licensee.<BR>1.7 “Platform” means the Licensee’s combination of the hardware and software comprising the Salesforce.com technology platform licensed from Salesforce.com Limited as may be modified or amended from time to time by Salesforce.com Limited and/or the Licensee.<BR>1.8 “Releases” means the upgrades to the Software released from time to time at Proven Works’ discretion and made generally available to Proven Works’ licensees.<BR>1.9 “Salesforce.com” means Salesforce.com, Inc and its subsidiary and affiliated companies.<BR>1.10 “Software” means the object code form of the software in respect of which this Licence Agreement is provided as set out in the applicable invoice or otherwise confirmed in writing or by email by Proven Works to Licensee.<BR> 1.11 “Technical Support” means the provision of technical support by Proven Works in respect of the use and operation of the Software to a Network Administrator available during the hours of 9:00 to 17:30 UK local time, Monday to Friday excluding all bank and public holidays via email to support@provenworks.com. <BR>2. GRANT OF RIGHTS; RESTRICTIONS<BR>2.1 Subject to all the terms and conditions of this Licence Agreement, Proven Works hereby grants Licensee an annually renewable, worldwide, nonexclusive, nontransferable license to install and use the Software for the Permitted Number for its own internal use only. <BR>2.2 Except as expressly permitted in this Licence Agreement, Licensee shall not, and shall not permit others to: (i) modify, translate, create derivative copies of or copy the Software (other than one backup copy which reproduces all proprietary notices), in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the Software to source code form; (iii) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Software or Licensee’s right to use the Software; (iv) remove or modify any copyright, trademark, or other proprietary notices of Proven Works affixed to the media containing the Software or contained within the Software; or (v) use the Software in any manner not expressly authorised by this Licence Agreement. <BR>2.3 Licensee agrees, subject to reasonable prior notice, to give Proven Works such access and assistance to Licensee’s systems as may be necessary to confirm the number of users does not exceed the Permitted Number.<BR>2.4 Proven Works shall, in its sole discretion, notify Licensee in writing or by email if it is eligible for any trial, evaluation or free period of use of the Software.<BR>3. SUPPORT AND RELEASES<BR>3.1 Proven Works may provide Releases from time to time, such Releases to be provided as downloads from the Salesforce.com website and shall be deemed to be included in the definition of Software in this Agreement.<BR>3.2 The Network Administrator may use the Technical Support Line to receive Technical Support in respect of the Software. Such Technical Support may be provided by telephone or email or at the Licensee’s premises at Proven Works’ sole discretion on a case-by-case basis.<BR>3.3 On receipt of a Technical Support query from the Network Administrator, Proven Works shall use reasonable endeavours to respond to such query within 2 working days. <BR>4. PROPRIETARY RIGHTS<BR>Proven Works has sole and exclusive ownership of all right, title, and interest in and to the Software, including all copyright and any other intellectual property rights therein. This Licence Agreement conveys a limited license to use the Software and shall not be construed to convey title to or ownership of the Software to Licensee. All rights in and to the Software not expressly granted to Licensee are reserved by Proven Works.<BR>5. LICENSE FEE AND TECHNICAL SUPPORT FEE<BR>5.1 In consideration for the annual license to use the Software on the Platform granted to Licensee hereunder, Licensee shall pay Proven Works an annual nonrefundable License Fee in advance. The first such License Fee shall be due and payable on receipt of the invoice in respect thereof and thereafter shall be payable at least seven (7) days prior to the Licence Renewal Date. Such License Fee is exclusive of VAT or other sales tax which, if applicable, shall be payable by the Licensee. <BR>5.2 In the event that such License Fee is not paid in accordance with the provisions herein then on notice to Licensee, Proven Works may terminate this Agreement or suspend the provision of the Software on the Platform and, in the event of termination the provisions of clause 6.3 shall take effect.<BR>5.3 If any applicable law requires Licensee to withhold amounts from any payments to Proven Works hereunder, (i) Licensee shall effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish Proven Works with tax receipts evidencing the payments of such amounts, and (ii) the sum payable by Licensee upon which the deduction or withholding is based shall be increased to the extent necessary to ensure that, after such deduction or withholding, Proven Works receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount Proven Works would have received and retained in the absence of such required deduction or withholding. <BR>6. TERM AND TERMINATION<BR>6.1 This Licence Agreement shall commence on the Effective Date and continue in effect for consecutive annual periods, unless and until terminated in accordance with Clause 5.2 or clause 6.2. <BR>6.2 If either party breaches this Licence Agreement in any material respect, the other party may give written notice to the breaching party of its intent to terminate, and if such breach is not cured within thirty (30) days after the breaching party’s receipt of such notice, this Licence Agreement shall terminate without any further notice required (but no cure period is required for any breach that cannot be cured).<BR>6.3 Upon any termination of this Licence Agreement, (a) the rights and licenses granted to Licensee herein shall terminate; (b) Licensee shall cease all use of the Software; and (c) Proven Works may take all necessary steps to disable the use of the Software by Licensee. Clauses 1, 4, 5 (to the extent of unpaid Licence Fees), 6.3 and 8 shall survive any termination of this Licence Agreement.<BR>7. WARRANTIES, INDEMNITY AND LIABILITY<BR>7.1 Proven Works warrants that the Licensee’s use of the Software in accordance with the terms of this Licence Agreement shall not infringe any third party intellectual property rights. In the event that any third party brings a claim against the Licensee that the use of the Software in accordance with the terms of this Licence infringes such third party’s intellectual property rights (“Claim”), Proven Works shall indemnify Licensee against any payments that Licensee has to make to such third party in respect of the Claim provided that:<BR> (a) that that the Licensee gives prompt written notice to Proven Works of any such Claim and grants Proven Works the full authority to proceed as contemplated herein;<BR> (b) that Proven Works has exclusive right to defend at its expense any such Claim and to make settlements thereof at its own discretion;<BR> (c) Licensee does not settle or compromise any such Claim, except with the prior written consent of Proven Works; <BR> (d) Licensee gives such assistance and information as Proven Works may reasonably require in connection with the investigation, defence or settlement of such Claims.<BR>7.2 Proven Works warrants that, on the Effective Date, the Software will operate on the Platform in accordance with the Documentation. The Licensee’s sole remedy for a breach of such warranty shall be limited to a refund of the initial Licence Fee provided always that Licencee notifies Proven Works of such breach of warranty within five (5) working days of the Effective Date. <BR>7.3 The Licensee hereby represents that it shall (i) comply with all applicable local and foreign laws and regulations which may govern the use of the Software, and (ii) use the Software only for lawful purposes and in accordance with the terms of this Licence Agreement.<BR>7.4 THE WARRANTIES SET FORTH IN THIS CLAUSE 7 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE, ALL OF WHICH ARE HEREBY EXCLUDED AND DISCLAIMED.<BR>7.5 LICENSEE’S SOLE REMEDY WITH RESPECT TO ANY CLAIMS ARISING OUT OF THIS LICENCE AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE MONIES PAID BY LICENSEE TO PROVEN WORKS UNDER THIS LICENCE AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. <BR>7.6 IN NO EVENT SHALL PROVEN WORKS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND GOODWILL, BUSINESS OR BUSINESS BENEFIT, OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY LICENSEE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, LICENSEE ACKNOWLEDGES THAT WHILST THE SOFTWARE MAY BE USED IN COMBINATION WITH THIRD PARTY SOFTWARE, PROVEN WORKS BEARS NO LIABILITY, HOWSOEVER ARISING, FOR ANY LOSS, DAMAGE OR COST THAT ARISES FROM A FAILURE OF THE SOFTWARE TO INTEGRATE WITH LICENSEE OR THIRD PARTY SOFTWARE. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, PROVEN WORKS SHALL NOT BE LIABLE TO LICENSEE IN THE EVENT THAT THE SOFTWARE CEASES TO FUNCTION EITHER PARTLY OR IN ITS ENTIRETY DUE TO A AMENDMENT OR MODIFICATION TO THE PLATFORM, OR FOR ANY REASON OUTSIDE OF LICENSEES CONTROL. LICENSEE’S SOLE REMEDY, IN SUCH CIRCUMSTANCES, SHALL BE LIMITED TO TERMINATING THIS AGREEMENT BY NOTICE IN WRITING AND RECEIVING A PRO-RATED REFUND OF THE LICENCE FEES PAID IN ADVANCE FOR THE PERIOD AFTER THE DATE OF TERMINATION.<BR>8. GENERAL<BR>8.1 Licensee shall not assign this Licence Agreement, in whole or in part, without the written consent of Proven Works.<BR>8.2 Licensee consents to the use by Proven Works of Licensee’s name in customer lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between Licensee and Proven Works. <BR>8.3 This Licence Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.<BR>8.4 Licensee agrees that because of the unique nature of the Software and Proven Works’ proprietary rights therein, a demonstrated breach of this Licence Agreement by Licensee would irreparably harm Proven Works and monetary damages would be inadequate compensation. Therefore, Licensee agrees that Proven Works shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Licence Agreement.<BR>8.5 If any provision of this Licence Agreement is declared void, illegal, or unenforceable, the remainder of this Licence Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.<BR>8.6 Any failure by any party to this Licence Agreement to enforce at any time any term or condition under this Licence Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Licence Agreement.<BR>8.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.<BR>8.8 Save for agreements evidenced in writing or by e-mail pursuant to clause 1.6 and 1.9, this Licence Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by Licensee shall supersede this Licence Agreement.<BR>8.9 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Proven Works and such third parties shall not be entitled to enforce any term of this Agreement against Proven Works.<BR>If you have any questions regarding this Licence Agreement or if you wish to discuss the terms and conditions contained herein please contact Proven Works Limited using the contact details at www.provenworks.com or at Proven Works Limited, 127 Langley Hill, Tilehurst, Reading RG31 4EE.<BR><BR>===============================================================<BR>GB GROUP PLC EVALUATION AGREEMENT (ADDRESSING MODULE) FOR USE WITH PROVEN WORKS APPLICATION IN SALESFORCE.COM<BR><BR>This Agreement is made on between: <BR><BR>1. GB Group PLC, GB House, Kingsfield Court, Chester Business Park, Chester CH4 9GB (hereinafter called "GB")<BR>And<BR>2. You the person downloading or accessing this software (hereinafter called "The Evaluator")<BR><BR>ANY TESTING OR EVALUATION OF THIS PRODUCT IS SUBJECT TO THE TERMS OF THIS EVALUTION AGREEMENT. BY DOWNLOADING THE PRODUCT AND INSTALLING IT, YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS AGREEMENT BY YOUR ACTION. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU SHOULD IMMEDIATELY DELETE THE PRODUCT FROM YOUR SYSTEM AND ANY MAGNETIC OR STORAGE MEDIA ON WHICH COPIES OF THE PRODUCT HAVE BEEN MADE. THIS LICENCE DOES NOT ALLOW COMMERCIAL USE OR EXPLOITATION OF THE PRODUCT AND IS LIMTED TO EVALUATION TESTING AND DEVELOPMENT PURPOSES ONLY.<BR> <BR>Definitions<BR><BR>"Database(s)" The address database(s) for the country/countries under evaluation, or in the case of data supplied under third party licence, the address database file(s) supplied under that licence. This shall include any other additional or supplementary data sets, which may be supplied or made available by GB under this Agreement for the purposes of evaluation.<BR>"Documentation" Any technical notes, user notes or manuals, developer notes or specifications published by GB or supplied under third party permissions or licence.<BR>“Loqate” Shall mean Loqate Inc. a company incorporated in the State of California and a strategic business partner to GB.<BR>“Loqate Databases” Loqate\'s version of the address database for the country/countries under evaluation, or in the case of data supplied under third party licence, the address database file(s) supplied under that licence. This shall include any other additional or supplementary data sets, which may be supplied by Loqate under their strategic Distribution Agreement with GB that allows GB to redistribute their products under licence. The Loqate copyright notices are attached to and form part of this Agreement.<BR>"PAF®" A database containing all known postal delivery addresses and postcodes within the UK. PAF® is the registered trademark of the Post Office with whom copyright resides. Any use of PAF data within your testing is subject to specific terms required by Royal Mail plc. and incorporated into this Agreement.<BR>"Product " All Software, Documentation, Databases, software protection devices or routines and any medium containing the software or Databases (including updated versions and any Loqate Databases) supplied by GB under this Agreement and any amendments thereto.<BR>"Start Date" The date of this Agreement or the date when the Product is downloaded and installed or otherwise made available to the Evaluator by GB, whichever shall be the later.<BR>"Test Period" Unless otherwise agreed this is one calendar month commencing from the Start Date.<BR>“Test Data Limitation” A limit on the number of addresses that can be looked up or checked as part of the evaluation exercise. <BR><BR>Terms of Agreement & Duration<BR><BR>GB hereby agree to supply the Product and Documentation to the Evaluator for testing and evaluation purposes for the Test Period subject to the terms of this Evaluation Agreement for use with Proven Works software for Salesforce.com.<BR><BR>Duties of GB<BR><BR>1. GB undertakes to allow the Product to be downloaded upon acceptance of and subject to the terms of this Evaluation Agreement. <BR>2. GB will use reasonable care to ensure that the Product is free from any viruses at the time it is supplied for upload and distribution.<BR>3. GB shall make reasonable provision for technical support to be available to advise and assist with the Product or to assist with any other technical matter related to this Agreement. <BR>4. Where the Product has been supplied on defective media GB will re-supply or replace that product within a reasonable time.<BR>5. GB will not generally charge for the Product under evaluation except GB reserve the right to recover any costs reasonably incurred in making the Product available to the Evaluator or where the Evaluator exceeds any Test Data Limitation. Where GB intends to recover such reasonable costs, it shall advise the Evaluator of this intent as soon as possible following the supply of the Product and shall advise the Evaluator of such costs. <BR><BR>Duties of Evaluator<BR><BR>1. The Evaluator shall not the use the Product during this period for any purpose other than testing and evaluation. <BR>2. The Evaluator, its employees, agents or sub-contractors shall not copy the Product or Databases (including Loqate Databases) or any part thereof without first obtaining written consent from GB and shall take reasonable care to ensure that no unauthorised person has access to the Product or any copy thereof. <BR>3. The Evaluator will not supply the Product to any third party without first obtaining written consent from GB.<BR>4. The Product may not be moved to a location other than that agreed without the Evaluator first notifying GB in writing of that move, this notice to include the address of the new location and change in contact details (if any).<BR>5. The Evaluator will not modify, adapt, translate, reverse assemble, decompile or reverse engineer the product or any part thereof or create any derivative works based upon the Product except to the extent permitted by law. <BR>6. It shall be the responsibility of the Evaluator to ensure that any procedures established within their own organisation for checking that software is free from viruses are complied with.<BR>7. Any faults found within the product shall be reported to GB within a reasonable time.<BR>8. The Evaluator shall not use the product for any reward, gain or other commercial venture or purpose other than testing during the Test Period without first disclosing this purpose and receiving written permission for the same from GB.<BR>9. The Evaluator may not extract or attempt to extract PAF® data from the Product (where UK data has been supplied) without obtaining written permission to do this from GB.<BR><BR>Restrictions<BR><BR>The Evaluator, unless specifically granted written permission to do so, may not <BR>(a) use the Loqate Databases with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or <BR>(b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices intended for navigating or positioning, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.<BR>(c) in the case of United Kingdom address lookups using PAF, the Evaluator is restricted a maximum of 30 lookups over the Test Period by Royal Mail by way of Test Data Limitation. This maximum limit cannot be exceeded without incurring data charges for the use of PAF. The use of Royal Mail PAF data is subject to Royal Mail’s terms and conditions found at.<BR>http://www.pafcompliancecentre.com/<BR><BR>Confidentiality <BR><BR>Both parties undertake to treat as confidential all information, which may be exchanged in connection with this Agreement. This duty will not extend however to any information which <BR>i. has come into the public domain otherwise than by breach of this Agreement, or<BR>ii. where the information was known to either party prior to entering into this agreement and was not known by the receiving party to be subject to any confidentiality provision or restriction, or <BR>iii. where publication has been authorized by the other party, or <BR>iv. where disclosure is compelled by a court of law or by government regulation or legislation and the party obliged to disclose has given reasonable notice to the other party in writing of this obligation.<BR>For the avoidance of doubt any product information which is published generally for support or marketing purposes or is otherwise generally distributed with the Product shall not be considered confidential unless specifically identified to the receiving party as being subject to confidentiality restrictions.<BR><BR>Property in the Product<BR><BR>Ownership of the Product and all copyright and intellectual property rights in the Product shall remain with the originator of the Product. This Agreement will not operate to transfer those rights or create any interest in the Product on behalf of the Evaluator or any other third party. PAF® and the copyright in this database shall remain the property of the Royal Mail Group plc. and this Agreement shall not constitute an assignment of any copyright or other intellectual property right that subsists in them. Property in the case of other international datasets will remain at all times with the originator and/or owner of that information. Where Loqate data or Product is supplied all IPR will remain with Loqate or their third party data suppliers.<BR><BR>Termination<BR><BR>Both parties may terminate this Agreement at will within the Test Period by giving the other written notice to this effect. Where such notice is not served the Agreement shall terminate upon the expiration of the Test Period unless there is agreement to the contrary.<BR>Upon termination of this Agreement the Evaluator shall return all Product and Documentation supplied postage paid to GB at the address above or securely delete all copies of the Product from the relevant system or will otherwise delete or permanently destroy the Product on their system(s). The Evaluator shall further include a written declaration from an authorized employee or agent of the Evaluator confirming that all copies of the Product have been deleted from the system.<BR><BR>No Warranties<BR><BR>Neither GB nor any of its suppliers and/or Licensors make any representation as to the completeness of any database used by the Product or the fitness or quality of the Product for any particular purpose and to this extent that all warranties in relation to suitability for purpose, fitness for purpose or quality in relation to the Product and/or the underlying databases can be excluded, they are hereby excluded to the fullest extent permissible at law. The Evaluator acknowledge that the Products and Data are provided “as is” and that they may contain errors and defects, and it is for the Evaluator to establish the suitability of the Products and Data to their requirements<BR><BR><BR>Exclusion of Liability<BR><BR>GB shall not be liable for any direct, indirect or consequential loss of Data, profit, revenue, contracts, or business, howsoever caused (whether arising out of negligence or breach of this Agreement or otherwise), even if the same was foreseeable by, or the possibility thereof is or has been brought to the attention of GB Group except where death or personal injury has been caused by the negligence of its employees or its authorized agents or where direct loss or damage has been caused by fraudulent misrepresentation.<BR><BR><BR>Data Protection (UK Data)<BR><BR>PAF® contains personal data within the meaning of the Data Protection Act 1998. Royal Mail is the data controller in respect of any personal data found within PAF® and the Evaluator agrees that it will not do or omit to do any act that will place it, GB or Royal Mail in breach of this legislation during the course of the evaluation. The Evaluator undertakes to duly observe their obligations under the Act and will implement suitable safeguards and organisational measures to protect personal data against accidental or unlawful destruction, alteration, unauthorised disclosure or access. <BR><BR>Jurisdiction<BR><BR>This Agreement shall be subject to English Law and the jurisdiction of the courts of England and Wales. <BR><BR>Terms for other Countries<BR><BR>Copyright Notices<BR><BR>The LICENSEE hereby acknowledges the following Copyright notices may apply to reference data in the Product<BR><BR>Territory Notice<BR><BR>Australia ”Copyright. Based on data provided under license from PSMA Australia Limited (www.psma.com.au).“<BR>Austria “© Bundesamt für Eich- und Vermessungswesen”<BR>Brazil Points of Interest<BR>(“POIs”) “Conteudo fornecido por MapLink”. Brazil POIs may not be used in publicly accessible, Internet-based web sites whereby consumers obtain POI data for their personal use.<BR>Canada Copyright Notice: “This data includes information taken with permission from Canadian authorities, including © Her Majesty, © Queen\'s Printer for Ontario, © Canada Post, GeoBase Ò.”<BR> End-User Terms: The Data may include or reflect data of licensors, including Her Majesty and Canada Post. Such data is licensed on an “as is” basis. The licensors, including Her Majesty and Canada Post, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.<BR> The licensors, including Her Majesty and Canada Post, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the Data. The licensors, including Her Majesty and Canada Post, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data.<BR> End User shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Minister of Natural Resources of Canada and Canada Post, and their 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 use or possession of the data or the Data.<BR>Croatia, Cyprus, <BR>Estonia, Latvia, “© EuroGeographics”<BR>Lithuania, Moldova, <BR>Poland, Slovenia <BR>and/or Ukraine<BR>France “source: Géoroute® IGN France & BD Carto® IGN France”<BR>Germany “Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen” or “Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen.”<BR>Great Britain “Based upon Crown Copyright material.”<BR>Greece “Copyright Geomatics Ltd.”<BR>Hungary “Copyright © 2003; Top-Map Ltd.”<BR>Italy “La Banca Dati Italiana è stata prodotta usando quale riferimento anche cartografia numerica ed al tratto prodotta e fornita dalla Regione Toscana.”<BR>Norway “Copyright © 2000; Norwegian Mapping Authority”<BR>Portugal “Source: IgeoE – Portugal”<BR>Spain “Información geográfica propiedad del CNIG”<BR>Sweden “Based upon electronic data ? National Land Survey Sweden.”<BR>Switzerland “Topografische Grundlage: ? Bundesamt für Landestopographie.”