BCC Software, LLC
Go Data License Agreement
NCOALink, DPV, DSF2, BCC Mail Manager and Data Services Manager
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SITE. THIS LICENSE AGREEMENT APPLIES TO THE COMPUTER SOFTWARE, NCOALink, DPV, DSF2, BCC Mail Manager and Data Services Manager (COLLECTIVELY THE “PROGRAM”) USED IN CONNECTION WITH BCC SOFTWARE, LLC’S (REFERRED TO AS “LICENSOR”) GO DATA WEBSITE TO PROCESS YOUR MAILING LIST. THE PROGRAM IS COPYRIGHTED AND LICENSED. BY CLICKING ON THE ACCEPT BUTTON BELOW, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY THE TERMS OF THIS LICENSE AGREEMENT. THE GO DATA WEBSITE AND THE PROGRAMS ARE REFERRED TO COLLECTIVELY AS THE “GO DATA WEBSITE TECHNOLOGY”.
IF YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE REJECT BUTTON AND EXIT NOW. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE GO DATA WEBSITE TECHNOLOGY BETWEEN YOU AND BCC SOFTWARE, LLC LICENSOR AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES CONCERNING THE GO DATA WEBSITE TECHNOLOGY.
1. License Grant.
Licensor hereby grants to you, and you accept, a non-exclusive, non-transferable, revocable license to use the processed mailing list only as authorized in this License Agreement. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement unless previously authorized in writing by Licensor. You agree to use the mailing lists only within the United States, its territories and possessions and the purpose of processing the mailing list is to improve business delivery addresses for letters, flats, postcards, packages, leaflets, magazines, advertisements, books, other printed material and any other item to be delivered by the United States Postal Service (“USPS”).
Except for the license rights expressly granted herein, all rights are reserved.
2. License Restrictions.
This License Agreement permits you to:
- Use Go Data Website Technology for the direct marketing of Your or Your customers’ products and services or internal use only in strict compliance with all applicable federal, state and local laws, rules, regulations, ordinances and industry self-regulatory guidelines (“Laws”). It shall be your responsibility to determine the applicability of any Law to your use the Go Data Website Technology.
This License Agreement does not permit you to:
(i) Use Go Data Website Technology to artificially compile a list of delivery points not already in your possession,
(ii) Create other derivative products based upon information received from or through the Go Data Website Technology,
(iii) Make any invention, improvement or enhancement, whether patentable or unpatentable, on or relating to Go Data Website Technology or any portion thereof without the prior written approval of Licensor,
(iv) Rent, sell, distribute or otherwise provide in whole or in part address lists, service products, or other systems of records that contain address attributes updated through Go Data Website Technology,
(v) Market or otherwise use the Go Data Website Technology outside the scope of the license granted by this License Agreement,
(vi) Send any part of the mailing list outside the United States or its territories
(vii) Provide delivery services in competition with the USPS or
(viii) Grant access to the Go Data Website Technology to any individual incarcerated in any prison or correctional institution or to any entity employing such individuals.
3. Licensor’s Rights.
You acknowledge and agree that the Go Data Website Technology of Licensor is protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Go Data Website Technology, including associated intellectual property rights, are and shall remain with Licensor, USPS and any third party from which Licensor obtains its rights. This License Agreement does not convey to you an interest in or to the Go Data Website Technology, but only a limited right of use revocable in accordance with the terms of this License Agreement. You acknowledge that you are a sub-licensee of the USPS and this license does not convey any rights greater than rights of the Licensor under its license agreement with the USPS. All rights contained in this License Agreement inure to the benefit of the Licensor as well as the USPS. Licensor or its data providers shall own all right, title and interest in and to all information collected from orders submitted or from those who visit the Go Data Website or websites of Licensor’s data providers.
4. Withdrawal or Update of Licensed Materials.
Licensor reserves the right to withdraw from the Go Data Website Technology any item or part of an item for which it no longer retains the right to license, or which it has reasonable grounds to believe infringes a copyright or is unlawful. Licensor reserves the right to update the Go Data Website Technology as required for its proper use. Licensor shall give written notice to you of such actions no later than thirty (30) days following the removal of any item or update pursuant to this section.
5. License Fees.
The mail list processing fees paid by you are paid in consideration of the licenses granted under this License Agreement.
This License Agreement is effective upon your acceptance of the terms of this License Agreement and your payment of the mailing list process fees. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to cease using the mailing list which is the subject of the breach.
Notwithstanding any such termination or expiration of this License Agreement, the obligations set forth in paragraph 2, License Restrictions, shall survive and remain enforceable and in effect.
7. Limited Warranty.
Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the “Warranty Period”) that the mailing list is free from defects subject to the limitations set forth herein. You assume responsibility for the use of the mailing list and the results obtained therefrom.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE MAILING LIST PROCESSED BY BCC SOFTWARE, LLC USING THE GO DATA WEBSITE TECHNOLOGY IS LICENSED “AS IS,” AND USPS AND LICENSOR DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusions. Licensor does not warrant against any defects in the mailing lists resulting from errors caused by software provided by USPS which is licensed as-is with all faults, if any. Licensor is not responsible for any problem, including any problem which would otherwise be a breach of warranty, caused by failures resulting from any (i) changes made to the mailing lists by you; (ii) interaction of your software with the mailing list; (iii) misuse, accidents, or negligent acts or omissions by you, your employees or agents, or by any third party; and (iv) acts of nature.
8. Limitation of Liability.
OTHER THAN AS SPECIFICALLY SET FORTH IN THIS LICENSE AGREEMENT, LICENSOR, THE USPS AND LICENSOR’S DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE WITH RESPECT TO GO DATA WEBSITE TECHNOLOGY, WHICH HAVE BEEN PROVIDED “AS IS”, NOR SHALL LICENSOR AND THE USPS BE LIABLE FOR ANY DESIGN, PERFORMANCE OR OTHER FAULT OR INADEQUCY OF THE DPV, DSF2 and NCOALink PRODUCTS, NOR SHALL LICENSOR AND THE USPS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH SUCH FAULT OR INADEQUACY EVEN IF IT HAS BEEN OR IS HEREAFTER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR AND THE USPS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE USE OF THE MAILING LISTS, OR OTHER GO DATA WEBSITE SERVICES, INCLUDING ANY LOST REVENUE OR PROFITS, BUSINESS INTERRUPTION, POSTAL PENALTIES OR DAMAGE TO BUSINESS REPUTATION, REGARDLESS OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED INCLUDING STRICT LIABILITY. IN NO EVENT WILL LICENSOR’S LIABILITY TO CUSTOMER EXCEED THE PROCESSING FEE PAID BY CUSTOMER FOR THE MAILING LIST GIVING RISE TO THE CLAIM.
FURTHER, YOU ACKNOWLEDGE THAT BECAUSE OF THE COMPLEXITY OF COMPUTER TECHNOLOGY, THE LICENSOR CANNOT GUARANTEE THAT AVAILABILITY OF THE GO DATA WEBSITE WILL BE UNINTERRUPTED AND ERROR-FREE.
Go Data, Mail Manager and Data Services Manager are trademarks of BCC SOFTWARE, LLC. No right, license, or interest to such trademark is granted hereunder, and you agree that you shall assert no such right, license, or interest with respect to such trademark.
The United States Postal Service is the owner of numerous trademarks, including but not limited to: United States Postal Service(TM), Postal Service(TM), Post Office(TM), United States Post Office(TM), the Eagle logo, “ZIP + 4®”, “CASS(TM)”, CASS Certified(TM) , DPV(TM), eLOT(TM), RDI(TM), NCOALINK (TM) and DSF2 (TM). You shall not advertise as a Sublicensee of the DPV, NCOALINK and DSF2 Products except as permitted by the USPS advertising guidelines.
10. Security Procedures.
At all times, the Licensee shall maintain (a) personnel and management policies sufficient to provide reasonable assurance of the trustworthiness and competence of its employees and the satisfactory performance of their duties in accordance with all applicable laws, rules and regulations, and (b) appropriate computer and network security controls, including the use of reasonable security procedures which are sufficient to ensure that the mailing lists processed by Go Data that are electronically created, communicated, processed, stored, retained, or retrieved are authentic, accurate, reliable, complete, and confidential, and that business records and data are protected from improper access.
You are advised that Licensor will fulfill the following false positive requirements for DPV:
- The “DPV Licensee Performance Requirement” which is currently located in Section 7.0 of the DPV LPR document located on the USPS RIBBS website www.ribs.usps.gov, describes the requirements for handling false positive records. The document further describes a layout of file records that are to be used for logging false positives. The documents and sections referred to may be updated or changed by the USPS at their discretion.
ii The CASS Technical Guide, 2011-2013 Cycle describes the file layout to be used for logging and reporting false positives.
iii. For each false positive result of a DPV query, Go Data Website Technology will continue processing. We will log the required information from the address that resulted in the false positive, in the format specified in the DPV Licensee Performance Requirements, and submit it to USPS.
v. Any mail piece containing an address which caused a false positive shall not be mailed until clearance from the USPS is obtained.
vi. USPS reserves the right to suspend Go Data processing for you when multiple incidents of artificial address detection occur.
a. You understand that DPV, DSF2 and NCOALink Products and subsequent revisions thereof are confidential and proprietary property of the USPS and shall remain the property of USPS. Nothing contained in this Agreement shall give You any right, title, or interest in or to DPV, DSF2 and NCOALink except as a customer of Go Data for mailing list processing.
- Unauthorized disclosure includes using Go Data Website Technology for artificially creating address lists;
d. The DPV, DSF2 and NCOALINK Products requires you to have access to address information (i.e. addresses and return addresses) that appear on mail pieces. To ensure the confidentiality of this address information, except as permitted, no supplier or subcontractor, and no employee or former employee of any supplier or subcontractor may disclose to any third party any address information obtained using Go Data Website Technology.
You agree to hold harmless, defend and indemnify Licensor for infringement of any U.S. patent, copyright, trademark, or service mark arising out of your modification to or development of applications, materials, and interfaces derived from your use of the Go Data Website Technology. In addition, You agree to hold harmless, defend and indemnify Licensor and its officers, agents, representatives, and employees from all claims, losses, damage, actions, causes of action, expenses, and/or liability resulting from, brought for, or on account of any 1) unauthorized access to or use of the Go Data Website Technology by You, or any employee, agent, representative or customer of Yours (“Security Breach”) or 2) injury or damage received or sustained by any person, persons or property growing out of, occurring, or attributable to mailing lists processed using Go Data Website Technology, resulting from the negligence or intentional misconduct, including any unauthorized disclosure or misuse of the Go Data Website Technology, including data derived from DPV, DSF2 and NCOALink, by You, or any employee, agent, representative or customer of Yours.
You shall indemnify the Licensor and its officers, directors, employees, data providers from and against any and all third party claims for damages, loss, liability, cost, expense or attorney’s fees (“Claim”) to the extent arising as a result of any: (i) unlawful, unauthorized or prohibited use of the Go Data Website Technology by You or any third party obtaining access through You; (ii) Security Breach; (iii) Claim by Your customer; (iv) violation by You of any applicable Law in Your receipt or provision or Your customer’s use of, Experian Products; (v) breach of Section 11 by You or Your Customer; and (vi) Your use of Go Data Website Technology other than as authorized herein.
14. General Requirements.
a. You understand that the USPS reserves the right to require Licensor to suspend your ability to perform mailing list processing. Licensor will not be liable or responsible for any decision the USPS makes in canceling your mailing list processing, including, but not limited to, arbitrating the cancellation decision on Your behalf. In the event the USPS suspends processing, (i) you shall not be entitled to any refund or credit from Licensor; and, (ii) Licensor will discontinue processing mailing lists for you.
b. USPS reserves the right to make any changes, modifications, or enhancements to the DPV, DSF2 and NCOALinkProducts.
c. The sublicense and the rights hereunder shall not be transferable or assignable, in whole or in part, by You, without the prior written consent of Licensor.
d. All obligations referred to in this License Agreement inure the benefit of USPS.
e. Licensor or its data providers may audit Your use of the Go Data Website Technology.
15. Governing Law and Venue.
This License Agreement shall be construed and governed by and subject to the internal laws (exclusive of the Conflicts of Law provisions) and decisions of the courts of the State of Illinois. The parties consent to the exclusive jurisdiction of any local, state or federal court located within Cook County, Illinois and waive any objection relating to improper venue or forum non conveniens with regard to any litigation, action or proceedings arising from or relating to this License Agreement. You irrevocably consent and submit to the service of process by the mailing of copies thereof by registered or certified mail, postage prepaid, to you, such service to become effective ten days after such mailing. Nothing herein shall affect the right to serve process in any other manner permitted by law.
16. Costs of Litigation.
If either party brings any action based upon this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
The captions used in connection with the paragraphs and subparagraphs of this License Agreement are inserted only for reference purposes. They shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this License Agreement or any part of it nor shall such captions otherwise be given any legal affect.
Whenever possible, each provision of this License Agreement shall be interpreted in such manner as to be effective and valid under applicable law, and if any provision of this License Agreement held illegal, invalid or void by a court or agency of competent jurisdiction, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding. In any event, the remaining provisions of this License Agreement shall not be affected or impaired.
This License Agreement contains the entire understanding of the parties. There are no representations, warranties, promises, covenants, or understandings other than those expressly set forth herein.
19. Modifications in Writing.
No waiver, alteration, or modification of any of the provisions shall be binding unless in writing and signed by a duly authorized representative of Licensor.
20. No Waiver.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.