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6 Indemnity.
You agree to indemnify, defend and hold Tele
Atlas, its Licensors, and its Suppliers (includ-
ing their respective licensors, suppliers, as-
signees, subsidiaries, affiliated companies,
and the respective officers, directors, employ-
ees, shareholders, agents and representatives)
free and harmless from and against any liabili-
ty, loss, injury (including injuries resulting in
death), demand, action, cost, expense, or
claim of any kind or character, including but
not limited to attorney’s fees, arising out of or
in connection with any use or possession by
you of the Data.
7
U.S. Government Rights.
If you are an agency, department, or other en-
tity of the United States Government, or
funded in whole or in part by the United States
Government, then use, duplication, reproduc-
tion, release, modification, disclosure or trans-
fer of this commercial product and
accompanying documentation, is restricted in
accordance with the LIMITED or RESTRICTED
rights as described in DFARS 252.227-7014(a)
(1) (JUN 1995) (DOD commercial computer
software definition), DFARS 227.7202-1 (DOD
policy on commercial computer software),
FAR 52.227-19 (JUN 1987) (commercial com-
puter software clause for civilian agencies),
DFARS 252.227-7015 (NOV 1995) (DOD techni-
cal data – commercial items clause); FAR
52.227-14 Alternates I, II, and III (JUN 1987) (ci-
vilian agency technical data and noncommer-
cial computer software clause); and/or FAR
12.211 and FAR 12.212 (commercial item ac-
quisitions), as applicable. In case of conflict
between any of the FAR and DFARS provisions
listed herein and this License, the construc-
tion that provides greater limitations on the
Government’s rights shall control. Contractor/
manufacturer is Tele Atlas North America,
Inc., 11 Lafayette Street, Lebanon, NH 03766-
1445. Phone: 603.643. 0330. The Data is
©1984-2009 by Tele Atlas. ALL RIGHTS RE-
SERVED. For purpose of any public disclosure
provision under any federal, state or local law,
it is agreed that the Data is a trade secret and
a proprietary commercial product and not sub-
ject to disclosure.
If you are an agency, department, or other en-
tity of any State government, the United States
Government or any other public entity or
funded in whole or in part by the United States
Government, then you hereby agree to protect
the Data from public disclosure and to consid-
er the Data exempt from any statute, law, regu-
lation, or code, including any Sunshine Act,
Public Records Act, Freedom of Information
Act, or equivalent, which permits public ac-
cess and/or reproduction or use of the Data.
In the event that such exemption is challenged
under any such laws, this Agreement shall be
considered breached and any and all right to
retain any copies or to use of the Data shall be
terminated and considered immediately null
and void. Any copies of the Data held by you
shall immediately be destroyed. If any court of
competent jurisdiction considers this clause
void and unenforceable, in whole or in part,
for any reason, this Agreement shall be con-
sidered terminated and null and void, in its en-
tirety, and any and all copies of the Data shall
immediately be destroyed.
8
Additional Provisions with respect to
POI Data only.
a No Creation of Mailing Lists.
You are prohibited from using the POIs (i) to
create mailing lists or (ii) for other such si-
milar uses.
b
Compliance.
You will use the POIs in compliance with all
applicable federal, state and local laws,
rules and regulations.
c
Indemnification.
You shall indemnify and hold infoUSA, Inc.
harmless against all third party claims or
liability which are based in whole or in part
of the users failure to comply with such
laws, rules and regulations or which result
from the use of the POIs through you.
d
Warranty.
Introduction
En
15
Chapter
01
Introduction