Chapter
01Introduction
6Indemnity.
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.
7U.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
(1)(JUN 1995) (DOD commercial computer software definition), DFARS
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.
8Additional 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.
14 En