This Exhibit provides the terms and conditions pursuant to which End User is permitted to access certain computer and information systems maintained by UPS.
- Access Authority and Conditions. Subject to compliance with each of the terms of this Agreement, UPS agrees to permit End User to access and use the UPS Systems via the Interfaces on a limited, revocable, non-exclusive, non-assignable, non-transferable basis solely for the purpose of obtaining Information and solely in connection with shipments tendered by, to or on behalf of End User to UPS for delivery and for no other purpose. Without limiting the foregoing, the following are certain requirements regarding such access:
- End User may not make the Information available on any Web site other than the Application or otherwise reproduce, distribute, copy store or sell the Information or other content obtained or derived from the UPS Systems for commercial gain without the express written consent of UPS.
- End User may not use or access the UPS Systems in any way which, in UPS's reasonable judgement, adversely affects the performance or function of the UPS Systems or interferes with the ability of authorised parties to access the UPS Systems.
- End User may not gain access, or attempt to gain access, by any means (including, without limitation, by use of the Application) to any UPS computer system or database, other than the UPS Systems to which End User is expressly permitted access via the Interfaces. End User shall use or disclose the Information only in connection with packages shipped by, to or on behalf of End User.
- Only employees, agents and subcontractors of End User who have a specific need to know the Information and agree to be bound by the terms of this Agreement, and customers of End User who have a specific need to know such Information solely to track shipments tendered by or for the customer to UPS for delivery and for no other purpose, are permitted to access and use the UPS Systems via the Interfaces.
- End User agrees to use the UPS Systems and Information only in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgement of UPS, negatively reflect on the goodwill or reputation of UPS.
- Any access to or use of the UPS Systems and/or the Information that is inconsistent with the terms herein is unauthorised and strictly prohibited without the express prior written consent of UPS.
- End User agrees that End User's use of the UPS Systems and the Information will be in compliance with any additional usage requirements provided by UPS from time to time.
- End User may not access the UPS Systems or distribute the Information through wireless or satellite delivery services or applications.
- Access Termination. If UPS in its sole judgement believes either (i) that the UPS Systems or Information are being used for a purpose not approved by UPS or in violation of any law, regulation or ruling, (ii) that UPS's or any third party's rights are jeopardised or potentially exposed to liability or damage or (iii) that End User is in default under this Agreement, the UPS Rate and Service Guide or the UPS Tariff or any other agreement between End User and UPS, UPS may immediately terminate End User's access to the UPS Systems.
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