Mobile Application End User License Agreement
This Mobile Application End User License Agreement ("Agreement") is a
binding agreement between you ("End User" or "you") and
Claims Management resources, INC. ("Company"). This Agreement governs
your use of the See Click Fix (SCF) / CMR Damage
Reporter mobile application for Apple iOS or Google Android operating
systems (including all related documentation, the "Application").
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL
AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE
THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO
NOT DOWNLOAD/ INSTALL/USE THE APPLICATION.
1. License Grant. Subject to the terms of this Agreement, Company grants you a
limited, non-exclusive and nontransferable license to: (a) download, install
and use the Application for commercial use on a single mobile device owned or
otherwise controlled by you ("Mobile Device") strictly in accordance
with the Application's documentation.
2. License Restrictions. Licensee shall not: (a) copy the Application, except
as expressly permitted by this license; (b) modify, translate, adapt or
otherwise create derivative works or improvements, whether or not patentable,
of the Application; (c) reverse engineer, disassemble, decompile, decode or
otherwise attempt to derive or gain access to the source code of the
Application or any part thereof; (d) remove, delete, alter or obscure any
trademarks or any copyright, trademark, patent or other intellectual property
or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer
or otherwise make available the Application or any features or functionality of
the Application, to any third party for any reason, including by making the
Application 2 available on a network where it is capable of being accessed by
more than one device at any time; or (f) remove, disable, circumvent or
otherwise create or implement any workaround to any copy protection, rights
management or security features in or protecting the Application.
3. Reservation of Rights. You acknowledge and agree that the Application is
provided under license, and not sold, to you. You do not acquire any ownership
interest in the Application under this Agreement, or any other rights thereto
other than to use the Application in accordance with the license granted, and
subject to all terms, conditions and restrictions, under this Agreement.
Company and its licensors and service providers reserve and shall retain their
entire right, title and interest in and to the Application, including all
copyrights, trademarks and other intellectual property rights therein or
relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you
download, install or use the Application, Company may use automatic means
(including, for example, cookies and web beacons) to collect information about
your Mobile Device and about your use of the Application. You also may be
required to provide certain information about yourself as a condition to
downloading, installing or using the Application or certain of its features or
functionality, and the Application may provide you with opportunities to share
information about yourself with others. All information we collect through or
in connection with this Application is subject to our Privacy Policy. By
downloading, installing, using and providing information to or through this
Application, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
5. Updates. Company may from time to time in its sole discretion develop and
provide Application updates, which may include upgrades, bug fixes, patches and
other error corrections and/or new features (collectively, including related
documentation, "Updates"). Updates may also modify or delete in their
entirety certain features and functionality. You agree that Company has no
obligation to provide any Updates or to continue to provide or enable any
particular features or functionality. Based on your Mobile Device settings,
when your Mobile Device is connected to the internet either: (a) the
Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available
Updates. 3 You shall promptly download and install all Updates and acknowledge
and agree that the Application or portions thereof may not properly operate
should you fail to do so. You further agree that all Updates will be deemed
part of the Application and be subject to all terms and conditions of this
Agreement.
6. Term and Termination. (a) The term of Agreement commences when you
download/install the Application and will continue in effect until terminated
by you or Company as set forth in this Section
6. (b) You may terminate this Agreement by deleting the Application and all
copies thereof from your Mobile Device. (c) Company may terminate this
Agreement at any time without notice if it ceases to support the Application,
which Company may do in its sole discretion. In addition, this Agreement will
terminate immediately and automatically without any notice if you violate any
of the terms and conditions of this Agreement. (d) Upon termination: (i) all
rights granted to you under this Agreement will also terminate; and (ii) you
must cease all use of the Application and delete all copies of the Application
from your Mobile Device and account. (e) Termination will not limit any of
Company's rights or remedies at law or in equity.
7. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS
IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND
ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE
PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE
FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS,
ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE,
APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY
PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR
DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR DAMAGES ARISING FROM OR
RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION. THE FOREGOING
LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES
WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL
OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. Indemnification. You agree to indemnify, defend and hold harmless Company
and its officers, directors, employees, agents, affiliates, successors and
assigns from and against any and all losses, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind, including attorneys'
fees, arising from or relating to your use or misuse of the Application or your
breach of this Agreement. Furthermore, you agree that Company assumes no
responsibility for the content you submit or make available through this
Application.
10. Export Regulation. The Application may be subject to US export control
laws, including the US Export Administration Act and its associated
regulations. You shall not, directly or indirectly, export, re-export or
release the Application to, or make the Application accessible from, any jurisdiction
or country to which export, re-export or release is prohibited by law, rule or
regulation. You shall comply with all applicable federal laws, regulations and
rules, and complete all required undertakings (including obtaining any
necessary export license or other governmental approval), prior to exporting,
re-exporting, releasing or otherwise making the Application available outside
the US.
11. Severability. If any provision of this Agreement is illegal or
unenforceable under applicable law, the remainder of the provision will be
amended to achieve as closely as possible the effect of the original term and
all other provisions of this Agreement will continue in full force and effect.
12. Governing Law. This Agreement is governed by and construed in accordance
with the internal laws of the State of Oklahoma without giving effect to any
choice or conflict of law provision or rule. Any legal suit, action or
proceeding arising out of or related to this Agreement or the Application shall
be instituted exclusively in the federal courts of the United States or the
courts of the State of Oklahoma in each case located in Oklahoma County. You
waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
13. Entire Agreement. This Agreement and our Privacy Policy
constitute the entire agreement between you and Company with respect to the
Application and supersede all prior or contemporaneous understandings and
agreements, whether written or oral, with respect to the Application.
14. Waiver. No failure to exercise, and no delay in
exercising, on the part of either party, any right or any power hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any
right or power hereunder preclude further exercise of that or any other right
hereunder. In the event of a conflict between this Agreement and any applicable
purchase or other terms, the terms of this Agreement shall govern.