END USER LICENSE AGREEMENT
This End User License Agreement ("Agreement") is a binding legal contract between you (either an individual or a legal entity) and American Family Insurance ("AFI"). By downloading, installing, accessing or using the accompanying software (the "Application") you will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, AFI is not willing to grant you any right to use or access the Application. In such event, you may not download, install, access, use or copy the Application.
The Application is licensed to you, not sold. Except for the limited license granted in this Agreement, AFI and its licensors retain all right, title and interest in the Application and all proprietary rights in the Application, including copyrights, patents, trademarks and trade secret rights.
- Grant of License. AFI grants you a revocable, nontransferable, nonexclusive license to use the object code version of the Application on your mobile device.
Limitations On License. The license granted to you in this Agreement is restricted as follows:
- Limitations on Copying and Distribution. You may not copy or distribute the Application except to the extent that copying is necessary to use the Application for purposes set forth herein.
- Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Application.
- Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Application, or directly or indirectly permit any third party to use or copy the Application.
- Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Application.
- Use in Accordance with Documentation. All use of the Application must be in accordance with its then current documentation, if any.
- Compliance with Applicable Law. You are solely responsible for ensuring your use of the Application is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
- Inappropriate Material. You may not store inappropriate materials via the Application. It is within AFI’s sole discretion to determine whether materials are inappropriate. AFI may remove all materials it deems inappropriate.
- Termination. AFI may at anytime and in its sole discretion suspend or terminate your access to or use of the Application, your account, and all corresponding websites.
- Account Set-Up. You agree to: (a) provide true, accurate, current, and complete information when registering to use the Application and establishing your account ("Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or AFI has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, AFI may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.
- Termination. This license will automatically terminate in the event you breach any of its terms. In the event of a claim of intellectual property infringement by any third party relating to the Application, AFI may immediately terminate this Agreement.
- Privacy.AFI recognizes the importance of respecting the privacy of those who visit its websites. The Privacy Statement (linked below) provides a description of how AFI collects, uses, shares and protects personal information, as well as the choices and access rights you have in regards to such personal information. For more information on AFI's privacy practices and to review our Privacy Statement please visit http://www.amfam.com/security/privacy.asp
- Use of Information.Photos and related information you add will be stored on a secure server which you can access through the Application or via a website through the use of a computer or compatible internet browser. Use of the Application does not constitute doing business with AFI and does not designate you as a customer or consumer of AFI. It is your responsibility, and not the responsibility of AFI, to maintain the security of any information that you store, via the Application, on any mobile device or any computer you own or control. AFI is not responsible for the security or confidentiality of communications you send to us, or others, through the internet or via e-mail messaging. AFI and/or its third party vendor may have access to photos and information you add as a result of use of the Application. All data will be disclosed to third parties as required by law or regulation and may be deemed discoverable by third parties. We may also provide certain information to insurance regulators upon proper request. As a result of involvement in an claim, the data added via the Application may be deemed discoverable by third parties and used in claims investigation and/or litigation. AFI may be legally required to provide the data to others involved in the claim or their legal counsel. If you are involved in a claim, you should not expect to retain data privacy or confidentiality of data added through the Application.
- Location-Enabled Features. Certain location-enabled functionality made available in the Application is provided by Google Inc. ("Google"). Your use of that functionality is subject to Google’s terms and conditions, available at http://www.google.com/intl/en-US_US/help/terms_maps.html (as updated from time to time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely "as-is," without warranties of any kind.
THE APPLICATION IS PROVIDED ON AN "AS AVAILABLE," "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFI AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUITE ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. AFI AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
YOUR WIRELESS CARRIER, THE MANUFACTURER AND RETAILER OF YOUR MOBILE DEVICE, THE DEVELOPER OF THE OPERATING SYSTEM FOR YOUR MOBILE DEVICE, AND THE OPERATOR OF ANY APPLICATION STORE OR SIMILAR SERVICE THROUGH WHICH YOU OBTAIN THE APPLICATION (COLLECTIVELY, THE "THIRD PARTIES") ARE NOT PARTIES TO THIS AGREEMENT AND THEY DO NOT OWN AND ARE NOT RESPONSIBLE FOR THE APPLICATION. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THEAPPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APPLICATION AND THIS AGREEMENT.
Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AFI OR ITS SUPPLIERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF AFI AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION. AFI’S SUPPLIERS AND LICENSORS ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
- Government Restrictions. Any software or other programming provided by AFI in connection with this Agreement is commercial computer software as described in DFARS 252.227-7014(a)(1) and FAR 2.101. If acquired by or on behalf of the United States Department of Defense or any component thereof, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation. If acquired by or on behalf of any civilian agency, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.
- General. This Agreement will be construed, interpreted, and performed exclusively according to the laws of the State of Wisconsin, United States of America, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or directly or indirectly relating to this Agreement may be instituted only in the Federal or state courts located in Madison, Wisconsin. You and AFI consent and submit to the personal jurisdiction of those courts for the purposes of any action related to this Agreement, and to extra-territorial service of process. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to this Agreement must be filed within one (1) year after the claim or cause of action arose. This Agreement constitutes the entire understanding and agreement between AFI and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by AFI to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement. This Agreement may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and AFI. Neither you nor AFI will contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because it was accepted or signed in electronic form. Electronically maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT