Applicable Law Compliance. 19.1. The NCOALink Product, in particular, the address information contained therein, are governed by the provisions of 39 U.S.C. §412, which prohibits the disclosure of address lists. Accordingly, Licensee shall take all steps necessary to secure the NCOALink Product in a manner that fully complies with Section 412. Licensee shall ensure that it does not use the NCOALink Product for the purpose of creating or maintaining new mover mailing lists. 19.2. Licensee shall adopt all security measures identified within the Licensee Performance Requirements to detect cases where names and address records have been artificially generated and presented to the NCOALink Product for the apparent purpose of creating a new mover mailing list. 19.3. The NCOALink Product is a derivative of National Change of Address (NCOA). NCOA is a system of records as defined in subsection (a) (5) of the Privacy Act of 1974, 5 United States Code 552a (the "Act"), and is subject to the provisions of the Act, and 39 CFR 266-268. Licensee and Licensee's customers shall use the NCOALink Product for the preparation of Deliverables that will be submitted to the United States Postal Service for delivery and in accordance with subsection (m) (i) of the Act, shall fully comply with the requirements of the Act while the information is in Licensee's custody. Included among these requirements are: (1) The prohibition against the disclosure or use of the information for any purpose other than to Update addresses on pre-existing address mailing lists; (2) Maintenance of an accurate accounting of all disclosures of the information in accordance with subsection (c) of the Act; and (3) Provision of rules of conduct and instruction for employees and institution of procedural and physical safeguards to ensure the security of the information in accordance with subsections (e) (9) and (e) (10) of the Act. Pursuant to subsection (m)(i) of the Act, Licensee and its employees are subject to the criminal penalties set out in subsection (i) (1) of the Act for any willful disclosure prohibited by the Act. 19.4. Licensee acknowledges that the export of the Service Materials may be subject to compliance with the Export Administration Act Regulations of the United States Department of Commerce, as amended, and other export controls of the United States (“Export Laws”). Licensee agrees that it will comply with such Export Laws and that it will not export or re-export any Service Materials or direct products thereof in violation of such Export Laws.
Appears in 5 contracts
Samples: Licensing Agreement, Licensing Agreement, Licensing Agreement
Applicable Law Compliance. 19.120.1. The NCOALink Product, in particular, the address information contained therein, are is governed by the provisions of 39 U.S.C. §412, which prohibits the disclosure of address lists. Accordingly, Licensee shall take all steps necessary to secure the NCOALink Product in a manner that fully complies with the Section 412. Licensee shall ensure that it does not use the NCOALink Product for the purpose of creating or maintaining new mover mailing lists.
19.220.2. Licensee shall adopt all security measures identified within the Licensee Performance Requirements to detect cases where names and address records have been artificially generated and presented to the NCOALink Product for the apparent purpose of creating a new mover mailing list.
19.320.3. The NCOALink Product is a derivative of National Change of Address (NCOA). NCOA is a system of records as defined in subsection (a) (5) of the Privacy Act of 1974, 5 United States Code 552a (the "Act"), and is subject to the provisions of the Act, and 39 CFR 266-266- 268. Licensee and Licensee's customers and Users shall use the NCOALink Product for the preparation of Deliverables that will be submitted to the United States Postal Service for delivery and and, in accordance with subsection (m) (i) of the Act, shall fully comply with the requirements of the Act while the information is in Licensee's custody. Included among these requirements are: (1) The prohibition against the disclosure or use of the information for any purpose other than to Update addresses on pre-existing address mailing lists; (2) Maintenance of an accurate accounting of all disclosures of the information in accordance with subsection (c) of the Act; and (3) Provision of rules of conduct and instruction for employees and institution of procedural and physical safeguards to ensure the security of the information in accordance with subsections (e) (9) and (e) (10) of the Act. Pursuant to subsection (m)(i) of the Act, Licensee and its employees are subject to the criminal penalties set out in subsection (i) (1) of the Act for any willful disclosure prohibited by the Act.
19.420.4. Licensee acknowledges that the export of the Service Materials Subject Matter may be subject to compliance with the Export Administration Act Regulations of the United States Department of Commerce, as amended, and other export controls of the United States (“Export Laws”). Licensee agrees that it will comply with such Export Laws and that it will not export or re-export any Service Materials Subject Matter or direct products thereof in violation of such Export Laws.
Appears in 4 contracts
Samples: Distribution Agreement, Licensing Agreement, Distribution Agreement
Applicable Law Compliance. 19.118.1. The NCOALink ProductLicensed Materials, in particular, the address information contained therein, are governed by the provisions of 39 U.S.C. §USC 412, which prohibits the disclosure of address listslists of names or addresses. Accordingly, Licensee Developer shall take all steps necessary to secure the NCOALink Product Licensed Materials in a manner that fully complies with Section 412. Licensee Developer shall ensure that it does not use the NCOALink Product Licensed Materials for the purpose of creating or maintaining new mover mailing lists.
19.218.2. Licensee Developer shall adopt all security measures identified within the Licensee Software and Hardware Performance Requirements to detect cases where names and address records have been artificially generated and presented to the NCOALink Product for the apparent purpose of creating a new mover mailing listlist or any other type of list of names or addresses.
19.318.3. The NCOALink Product is a derivative of National Change of Address (NCOA). NCOA is a USPS’s system of records as defined in subsection (a) (5) of the Privacy Act of 1974, 5 United States Code 552a (the "Act"), and is subject to the provisions of the Act, and 39 CFR 266-268. Licensee Developer and LicenseeDeveloper's customers shall use the NCOALink Product for the preparation of Deliverables mail that will be submitted to the United States Postal Service for acceptance and delivery and and, in accordance with subsection (m) (im)(i) of the Act, shall fully comply with the requirements of the Act while the information is in LicenseeDeveloper's custody. Included among these requirements are: (1) The prohibition against the disclosure or use of the information for any purpose other than to Update addresses on pre-existing address mailing listsMailpieces containing a specific occupant name and address; (2) Maintenance of an accurate accounting of all disclosures of the information in accordance with subsection (c) of the Act; and (3) Provision of rules of conduct and instruction for employees and institution of procedural and physical safeguards to ensure the security of the information in accordance with subsections (e) (9) and (e) (10) of the Act. Pursuant to subsection (m)(i) of the Act, Licensee Developer and its employees are subject to the criminal penalties set out in subsection (i) (1) of the Act for any willful disclosure prohibited by the Act.
19.418.4. Licensee Developer acknowledges that the export of the Service Licensed Materials and NCOALink Product is outside the Scope and Purpose of this Agreement and is outside the license granted in this Agreement and that such export may be subject to compliance with the Export Administration Act Regulations of the United States Department of Commerce, as amended, and other export controls of the United States (“Export Laws”). Licensee Developer agrees that it will comply with such Export Laws and that it will not export or re-export any Service Licensed Materials or direct products thereof in violation of such Export LawsLaws or otherwise.
Appears in 4 contracts
Samples: Licensing Agreement, License Agreement, License Agreement
Applicable Law Compliance. 19.1. The NCOALink Product, in particular, the address information contained therein, are governed by the provisions of 39 U.S.C. §412, which prohibits the disclosure of address lists. Accordingly, Licensee shall take all steps necessary to secure the NCOALink Product in a manner that fully complies with Section 412. Licensee shall ensure that it does not use the NCOALink Product for the purpose of creating or maintaining new mover mailing lists.
19.2. Licensee shall adopt all security measures identified within the Licensee Performance Requirements to detect cases where names and address records have been artificially generated and presented to the NCOALink Product for the apparent purpose of creating a new mover mailing listlist or any other type of list of names or addresses.
19.3. The NCOALink Product is a derivative of National Change of Address (NCOA). NCOA is a system of records as defined in subsection (a) (5) of the Privacy Act of 1974, 5 United States Code 552a (the "Act"), and is subject to the provisions of the Act, and 39 CFR 266-266- 268. Licensee and Licensee's customers shall use the NCOALink Product for the preparation of Deliverables that will be submitted to the United States Postal Service for delivery and in accordance with subsection (m) (i) of the Act, shall fully comply with the requirements of the Act while the information is in Licensee's custody. Included among these requirements are: (1) The prohibition against the disclosure or use of the information for any purpose other than to Update addresses on pre-existing address mailing lists; (2) Maintenance of an accurate accounting of all disclosures of the information in accordance with subsection (c) of the Act; and (3) Provision of rules of conduct and instruction for employees and institution of procedural and physical safeguards to ensure the security of the information in accordance with subsections (e) (9) and (e) (10) of the Act. Pursuant to subsection (m)(i) of the Act, Licensee and its employees are subject to the criminal penalties set out in subsection (i) (1) of the Act for any willful disclosure prohibited by the Act.
19.4. Licensee acknowledges that the export of the Service Materials may be subject to compliance with the Export Administration Act Regulations of the United States Department of Commerce, as amended, and other export controls of the United States (“Export Laws”). Licensee agrees that it will comply with such Export Laws and that it will not export or re-export any Service Materials or direct products thereof in violation of such Export Laws.
Appears in 3 contracts
Samples: Licensing Agreement, Licensing Agreement, Licensing Agreement
Applicable Law Compliance. 19.118.1. The NCOALink Product, in particular, the address information contained therein, are governed by the provisions of 39 U.S.C. §412, which prohibits the disclosure of address lists. Accordingly, Licensee shall take all steps necessary to secure the NCOALink Product in a manner that fully complies with the Section 412. Licensee shall ensure that it does not use the NCOALink Product for the purpose of creating or maintaining new mover mailing lists.
19.218.2. Licensee shall adopt all security measures identified within the Licensee Performance Requirements to detect cases where names and address records have been artificially generated and presented to the NCOALink Product for the apparent purpose of creating a new mover mailing list.
19.318.3. The NCOALink Product is a derivative of National Change of Address (NCOA). NCOA is a system of records as defined in subsection (a) (5) of the Privacy Act of 1974, 5 United States Code 552a (the "Act"), and is subject to the provisions of the Act, and 39 CFR 266-268. Licensee and Licensee's customers shall use the NCOALink Product for the preparation of Deliverables that will be submitted to the United States Postal Service for delivery and and, in accordance with subsection (m) (i) of the Act, shall fully comply with the requirements of the Act while the information is in Licensee's custody. Included among these requirements are: (1) The prohibition against the disclosure or use of the information for any purpose other than to Update addresses on pre-existing address mailing lists; (2) Maintenance of an accurate accounting of all disclosures of the information in accordance with subsection (c) of the Act; and (3) Provision of rules of conduct and instruction for employees and institution of procedural and physical safeguards to ensure the security of the information in accordance with subsections (e) (9) and (e) (10) of the Act. Pursuant to subsection (m)(i) of the Act, Licensee and its employees are subject to the criminal penalties set out in subsection (i) (1) of the Act for any willful disclosure prohibited by the Act.
19.418.4. Licensee acknowledges that the export of the Service Licensed Materials may be subject to compliance with the Export Administration Act Regulations of the United States Department of Commerce, as amended, and other export controls of the United States (“Export Laws”). Licensee agrees that it will comply with such Export Laws and that it will not export or re-export any Service Licensed Materials or direct products thereof in violation of such Export Laws.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Applicable Law Compliance. 19.118.1. The NCOALink ProductLicensed Materials, in particular, the address information contained therein, are governed by the provisions of 39 U.S.C. §USC 412, which prohibits the disclosure of address listslists of names or addresses. Accordingly, Licensee Developer shall take all steps necessary to secure the NCOALink Product Licensed Materials in a manner that fully complies with Section 412. Licensee Developer shall ensure that it does not use the NCOALink Product Licensed Materials for the purpose of creating or maintaining new mover mailing lists.
19.218.2. Licensee Developer shall adopt all security measures identified within the Licensee Software Performance Requirements to detect cases where names and address records have been artificially generated and presented to the NCOALink Product for the apparent purpose of creating a new mover mailing listlist or any other type of list of names or addresses.
19.318.3. The NCOALink Product is a derivative of National Change of Address (NCOA). NCOA is a USPS’s system of records as defined in subsection (a) (5) of the Privacy Act of 1974, 5 United States Code 552a (the "Act"), and is subject to the provisions of the Act, and 39 CFR 266-268. Licensee Developer and LicenseeDeveloper's customers shall use the NCOALink Product for the preparation of Deliverables mail that will be submitted to the United States Postal Service for acceptance and delivery and and, in accordance with subsection (m) (im)(i) of the Act, shall fully comply with the requirements of the Act while the information is in LicenseeDeveloper's custody. Included among these requirements are: (1) The prohibition against the disclosure or use of the information for any purpose other than to Update addresses on pre-existing name and address mailing lists; (2) Maintenance of an accurate accounting of all disclosures of the information in accordance with subsection (c) of the Act; and (3) Provision of rules of conduct and instruction for employees and institution of procedural and physical safeguards to ensure the security of the information in accordance with subsections (e) (9) and (e) (10) of the Act. Pursuant to subsection (m)(i) of the Act, Licensee Developer and its employees are subject to the criminal penalties set out in subsection (i) (1) of the Act for any willful disclosure prohibited by the Act.
19.418.4. Licensee Developer acknowledges that the export of the Service Licensed Materials and NCOALink Product is outside the Scope and Purpose of this Agreement and is outside the license granted in this Agreement and that such export may be subject to compliance with the Export Administration Act Regulations of the United States Department of Commerce, as amended, and other export controls of the United States (“Export Laws”). Licensee Developer agrees that it will comply with such Export Laws and that it will not export or re-export any Service Licensed Materials or direct products thereof in violation of such Export LawsLaws or otherwise.
Appears in 1 contract
Samples: Licensing Agreement