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LICENSED PRODUCT END USER LICENSE AGREEMENT

 

This Licensed Product End User License Agreement (“Agreement”) is a legal agreement between you (“You” or “Your”) and LexisNexis Risk Solutions Inc., a Georgia corporation (“Application Provider”).  This solution, including products, services, and the mobile application (collectively, the “Product”), are licensed, not sold, to You for use only under the terms of this license, unless accompanied by a separate license agreement expressly superseding this Agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement.  Application Provider reserves all rights not expressly granted to You.  The Product that is subject to this license is referred to in this license as the "Licensed Product."

a. Scope of License: By accepting this Agreement by electronically indicating You “agree” or “accept” by clicking or marking the appropriate location below or by installing or using the Licensed Application You agree to be bound by the terms of this Agreement.  Minor children (persons under the age of eighteen (18) years old) may not use the Telematics Mobile Solution or the Licensed Product without the consent of a parent or guardian.  No use of the Licensed Product is permitted for minor children under fourteen (14) years old.  If the user of Licensed Product is a minor fourteen (14) years of age or older, a parent or legal guardian must be the primary named insured on the insurance account for which the Licensed Product shall be used.  By accepting this Agreement, You, as the parent or guardian of such a minor, take full responsibility for all obligations under this Agreement on behalf of Yourself and any minor child’s use of the Licensed Product.   As such, a license is hereby granted to You for the Licensed Product by Application Provider.  The license granted to You is a limited non-transferable license to use the Licensed Product on the mobile device that You own or control and as permitted by the Usage Rules set forth in the applicable mobile application store terms and conditions (the “Usage Rules”) solely for personal or internal business purposes consistent with the terms of this Agreement and in accordance with any instructions provided by Your insurance provider.  This license is granted to You for Your use of the Licensed Product at Your own risk.  The License Product may only be used while a motor vehicle is operating to collect driving data, and You expressly agree not to setup, modify, disable, or otherwise utilize the Licensed Product while operating a motor vehicle. This license does not allow You to use the Licensed Product on any other device or on any device that You do not own or control, and You may not distribute or make the Licensed Product available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Product.  You agree that the Licensed Product and all upgrades, corrections, and enhancements thereto, are and shall continue to be, at all times property of Application Provider.  You may not copy (unless expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Product, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Product). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages.  The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license expressly superseding this Agreement, in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Application Provider may collect and use (i) technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that are gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Product; (ii) information regarding the operation of a motor vehicle including but not limited to speed, time of driving, distance travelled, and acceleration / deceleration events; and (iii) location based and geographical information.  Application Provider may provide data to third parties including: Your insurance carrier, the primary named insured on Your policy, or a parent or legal guardian (if applicable), or other third parties assisting in the provision of this Licensed Product to You (collectively, “Other Parties”).  Additionally, Application Provider may use this information to improve its products or to provide services or technologies to You and for other products and services to which You consent.  You understand that Application Provider and Other Parties may be required by law to disclose information regarding Your use of the Licensed Product and if required by law, Application Provider Other Parties will comply with such requests.   

YOU UNDERSTAND THAT TEXT AND / OR DATA RATES MAY APPLY FROM YOUR MOBILE SERVICE PROVIDER FOR USE OF THE LICENSED PRODUCT.  You expressly agree You are solely responsible for any and all text and data charges incurred for the use of the Licensed Product on Your mobile device. 

c. Termination. The license is effective until terminated by You or Application Provider.  Application Provider may terminate the license at any time. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Product, and destroy all copies, full or partial, of the Licensed Product, and if requested by Application Provider, certify to Application Provider such deletion occurred.   You understand that if You do not remove the Licensed Product from Your mobile device that data may continue to be collected by Your mobile device and Application Provider is under no obligation to keep, maintain, transmit, safeguard, store, or notify You of any collection done by Your mobile device after the termination of this Agreement.

d. Services; Third Party Materials. The Licensed Product may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse; does not assume, and will not have any liability or responsibility to You or any other person for: any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.  You understand and agree that the Licensed Product and Services require GPS capability on Your mobile device and any location data provided by the Services are for the purpose of using the Services only and is not intended to be relied upon for any navigational purposes including in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.  Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.

You agree that the Licensed Product and Services contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for the use permitted under this Agreement.  No portion of the Licensed Product or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensed Product or Services, in any manner, and You shall not exploit the Licensed Product or Services in any unauthorized way whatsoever, including but not limited to: in violation of any law or regulation; by trespass; in violation of the terms of this Agreement; or burdening network capacity.  You further agree not to use the Licensed Product or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Licensed Product or Services. In addition, the Licensed Product, Services, third party Services and Third Party Materials ( collectively, “Materials”) that may be accessed from, displayed on or linked to from Your mobile device are not available in all languages or in all countries. The Application Provider makes no representation that Materials are appropriate or available for use in any particular location. To the extent You choose to access such Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to the Licensed Product or Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Licensed Product or Services. The Application Provider may also impose limits on the use of or access to the Licensed Product or Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MATERIALS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MATERIALS, AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

 

APPLICATION PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR SERVICES WILL RESULT IN SAFER DRIVING; PREVENT UNSAFE DRIVING; COLLISIONS; PERSONAL INJURY; DEATH; OR OTHER HARMFUL EVENTS.

 

APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF YOUR MOBILE DEVICE, ANY MATERIALS, THE LICENSED PRODUCT, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MATERIALS, LICENSED PRODUCT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MATERIALS, LICENSED PRODUCT, OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MATERIALS, LICENSED PRODUCT, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MATERIALS, LICENSED PRODUCT, OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL APPLICATION PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

g. Export Restrictions.  You may not use or otherwise export or re-export the Licensed Product except as authorized by United States law and the laws of the jurisdiction in which the Licensed Product was obtained. In particular, but without limitation, the Licensed Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Product, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Licensed Product, Materials, or Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h.  Additional Terms Relating to Apple.  You acknowledge and agree Apple has no obligation whatsoever to support the Licensed Product, Materials, or Services, nor any warranty obligations with regard to the Licensed Application other than a refund of the purchase price.  You agree Apple is under no obligation whatsoever to address any issues or claims that may arise from Your use of the Licensed Product, Material, or Services under this Agreement, for any claims including but not limited to (i) consumer protection, (ii) product liability, or (iii) that the License Product, Materials, or Services fail to comply with any applicable law or regulation.  You understand and agree Apple and Apple’s subsidiaries are third party beneficiaries to this Agreement, and upon You acceptance or use of the Licensed Product, Apple will have the right to enforce this Agreement against You.    

 

i. Commercial Items.  The Materials, Licensed Product, Services, and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

 

j. Governing Law.  The laws of the State of Georgia, excluding its conflicts of law rules, govern this license and Your use of the Materials, Licensed Product, and any Service provided. Your use of the Materials, Licensed Product, and Service may also be subject to other local, state, national, or international laws.

 

k.  Application Provider Notice Address.  Application Provider may be reached for inquiries or issues regarding the Licensed Product via telephone at 888-530-2769; via email at Telematics.Support@lexisnexis.com;  or via mail at LexisNexis Risk Solutions Inc., 1000 Alderman Drive, Alpharetta, GA 30005.

 

l.  Privacy Policy.  The Privacy Policy governing the terms of this Agreement can be found at: http://privacypolicy.lexisnexis.com/mobile.html
 

m.  Notice of Ownership.  Copyright 2014 LexisNexis.  All rights reserved.