General
Any use of the TRACK N TRACE system or data by Licensee or User (as that term is defined herein) shall be subject to the terms and conditions of the License Agreement, including the terms of this Exhibit B, (together the "Agreement") and all applicable rules, regulations, and orders of the United States Postal Service ("USPS"), including any future changes to such rules, regulations, and orders, and such additional terms and conditions as may be determined in accordance with applicable law. The USPS rules, regulations and orders shall prevail in the event of any conflict with any other terms and conditions applicable to any permitted access to or use of TRACK N TRACE by Licensee.
Subscription Expiration
The Licensee's access to the TRACK N TRACE data will be terminated, upon subscription expiration. Any scan data captured by the system will continue to accumulate (subject to the 10-day data retention period) pending renewal of the subscription. Upon subscription renewal, any data available will be downloaded at the next scheduled download time and will be made available on the web site. Twelve weeks after the expiration of a subscription, all Licensee information is purged.
Trademark Notices
TRACK N TRACE is a registered trademark of BÖWE BELL + HOWELL Company and may not be used without its expressed permission.
Use of Information
Information and data derived from TRACK N TRACE that pertain to the Licensee is considered property of the Licensee and Licensor. The Licensor will not make such information publicly available, without prior written consent of the Licensee, unless required by law.
Denial of Access
Licensor retains the right to deny access to Licensee, if the Licensee has breached any TRACK N TRACE procedures, the terms of this Agreement or the rules and regulations of the USPS which affect the use of TRACK N TRACE.
Users
Each Licensee may authorize its customer ("User") to access the TRACK N TRACE data in accordance with Licensor's procedures revised from time to time. A list of such Users shall be provided to the Licensor who shall maintain the list of Users that have access to TRACK N TRACE. Licensee shall also maintain a current list of Users with access to TRACK N TRACE. This list must include each User's log-on ID. Licensee is responsible for promptly providing written or email notification to the Licensor of any changes in Licensee’s personnel with access to TRACK N TRACE, including but not limited to notification of any termination of employment of personnel with access to TRACK N TRACE, and deactivating such personnel’s log-on ID. The Licensee shall also promptly inform the Licensor of any changes to its User’s log-on ID which occur for any reason.
Monitoring
The Licensor reserves the right to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Licensee Responsibility
Licensee must ensure that its personnel and Users use TRACK N TRACE responsibly and Licensee must provide its personnel and Users with copies of the Responsibility Agreement Statement, attached as Appendix A.
Login ID Sharing Prohibited
Anyone who is provided a login ID and password by Licensee could, inadvertently or otherwise, disrupt the transmission of data or otherwise adversely affect your TRACK N TRACE service. Licensee personnel and Users with login access to your subscription data on the TRACK N TRACE web site will have access to your data and account administration features. The sharing of Login IDs with your customers could compromise the security of your other customers’ data. Any sharing of Login IDs is prohibited, and BCC Software will not be responsible for any actions resulting from the sharing of Login IDs. Users are to be issued a unique login ID and password.
Terminate Session
Licensee should encourage their personnel and Users to terminate TRACK N TRACE sessions each time they leave their workstations and to abide by other reasonable security measures.
Security
The TRACK N TRACE service is operated on servers located in BCC’s server room which is 24-hr access controlled and monitored to prevent a wide variety of environmental and security incidents. The servers are further protected by a packet inspection firewall with full antivirus scanning on a protected service network.
To further ensure security and privacy, the TRACK N TRACE service has a number of built-in security features. All web pages provided by the service are encrypted. Additionally, all password information for the user accounts is stored in our database in an encrypted format. Access to all pages is controlled based upon these usernames and their designated access levels.
Security Violations
If the Licensee learns of any breach of security, misuse of passwords, unauthorized access, or violation of security procedures by any of its personnel or Users, Licensee shall promptly provide written or email notification to the Licensor.
Unauthorized Attempt
Licensee is responsible for any of its personnel or Users who have access to a TRACK N TRACE computer, and for any unauthorized attempts to upload or change information, or otherwise cause damage to Licensor and other users of TRACK N TRACE.
Confidentiality
Licensee acknowledges that there are inherent risks in the electronic transmission of data. The Licensor is not liable for any unauthorized access, disclosure or dissemination of Licensee’s information.
Disclaimer
TRACK N TRACE is provided to the Licensee on an “as is, as available” basis. Neither Licensor nor USPS makes any representations, guarantees, or warranties regarding the accuracy, completeness, or reliability of any data or information provided through TRACK N TRACE.
Limitation of Liability
Except as otherwise expressly provided neither the Licensor nor the USPS under the Federal Tort Claims Act (28 U.S.C. §§ 2671 et. seq.), is liable for any loss or damage resulting from the use of, or reliance on, data or information provided through the license of TRACK N TRACE and the USPS related software, Confirm, or for any delay, omissions, or errors in the electronic transmission or receipt of any data or information provided through TRACK N TRACE. This limitation applies to loss or damage arising out of allegations of breach of contract, tort, or any other theory of liability.
Termination
The Licensor reserves the right to terminate the Licensee’s participation in the TRACK N TRACE service, upon 10 days written notification, (1) for breach of the terms and conditions of Licensor’s procedures, the terms of this Agreement or the rules and regulations of the USPS which affect the use of TRACK N TRACE; (2) if Licensee’s barcodes fail to meet all applicable criteria for TRACK N TRACE; or (3) in the event of a material change in the nature and circumstances of the TRACK N TRACE service by the USPS.
Severability
Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions.
Entire Agreement
This Agreement and the Appendix constitute the complete agreement of the parties relating to TRACK N TRACE and supersede all prior representations or agreements, whether oral or written, with respect to the matters contained herein. No oral modifications or waiver of any of the provisions of this Agreement shall be binding on either party. This Agreement is for the benefit of, and shall be binding upon, the parties and their respective successors and assigns.
Force Majeure
Neither Licensee nor Licensor shall be liable to the other party for any failure to perform its obligations in connection with any TRACK N TRACE transaction, where such failure results from any act of God or other cause beyond such party’s reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents Licensee or Licensor from transmitting or receiving TRACK N TRACE information.
APPENDIX A: TRACK N TRACE Responsibility Agreement Statement
Responsibility Agreement Statement: I am responsible for the TRACK N TRACE Logon/Logoff, all actions pertaining to the use of my assigned logon ID, and will not provide my logon ID to another person. Access to TRACK N TRACE data or files not authorized to me is prohibited. My logon ID may be suspended indefinitely if I violate security procedures. Misuse of a TRACK N TRACE computer system may result in disciplinary action and/or criminal prosecution. I understand that any detected misuse of a computer system containing TRACK N TRACE data or access to such data will be reported to the U.S. Postal Inspection Service. The Postal Service reserves the right to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
I certify that I have read and understand the foregoing.
Requestor (Please Print)
Requestor’s Signature Date
