End User License Agreement
Effective Date: 10/10/18
Amica's End User License Agreement
This EULA is a legal agreement between you, either an individual or a single entity (“You” or “Licensee”, or if you are a minor “Your Parent” or “Your Guardian”) and Amica Mutual Insurance Company and its subsidiaries and affiliates and third party affiliates or beneficiaries to the EULA (individually and collectively, “Amica” or “Licensor”) and describes the terms related to the downloading and use of the App for Android or iOS, including computer software, programs, its code, objects, as well as any images, photographs, templates, animations, video, graphics, user and visual interfaces, trademarks, logos, audio, music, text, and "plugins" incorporated into the application, any accompanying printed materials, and "online" or electronic documentation (the "App").
Except as expressly set forth in this EULA, this EULA do not grant You any intellectual property rights in the App, and You cannot use the App except as specified herein. By installing, copying, downloading, accessing or otherwise using the App, You are accepting and agreeing to this EULA. If You do not agree to this EULA, You may not install, copy, download, access or otherwise use the App or its content.
This EULA does not change or amend in any way: 1) the Google Play Terms of Service found at https://play.google.com/intl/en_ca/about/play-terms.html, as may be amended by Google from time to time or 2) the Apple Media Services Terms and Conditions, found at https://www.apple.com/legal/internet-services/itunes/us/terms.html, as may be amended by Apple from time to time, whichever is applicable to You.
Amica reserves the right to modify this EULA at any time. Your continued use of the App will constitute Your acceptance of any revisions to this EULA. Please check this page regularly.
Grant of License
Amica grants You a personal, non-commercial, nonexclusive, nontransferable, limited and revocable license to use the App on a smartphone running Android or IOS software that You own or control in accordance with this EULA (“License”). This License does not allow you to rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this License, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is not 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 App). Any attempt to do so is a violation of the rights of Amica. If You breach this restriction, You may be subject to prosecution and damages. You may not use the App for any commercial purpose, in any anti-competitive or unlawful manner, or for any purpose, which would be contrary to Amica's business interest. All rights not specifically and expressly granted under this EULA are reserved by Amica. The App is licensed, not sold. Your License confers no title or ownership in the App and should not be construed as a sale of any rights in the App. This EULA will govern any Upgrades provided by Amica that replace and/or supplement the original App, unless such Upgrade is accompanied by a separate end user license agreement in which case the terms of that end user license agreement will govern.
You may not store, modify, reproduce, transmit, distribute, repost, publicly display or otherwise use any content on the App, or the design or layout of the App or individual sections of it, in any form or media except with the express prior written permission of Amica. The commercial use, reproduction, reposting, public display, transmission or distribution of any information, software, logo or other material available through the App is strictly prohibited. You agree that You will not use the App (or any data provided to You by the App) for any safety of life applications or for any other application in which the use of, or inability to use, or the accuracy, completeness or reliability of the App (or any data provided to You by the App) could create a situation where death, personal injury, property damage or environmental damage may occur.
Use of Electronic Devices and Software Whiling Driving
As a condition of use of the App, You promise not to use the App for any purpose that is prohibited by applicable local, state, national and international laws and regulations, including laws regarding distracted driving. You are responsible for Your use of the App and agree that such use is at Your own risk.
The App may be used on a smartphone running Android or iOS software (whichever is relevant to You) that meets the system requirements specified by Amica. Amica is not required to supply any required hardware and/or software for proper operation of the App. When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.
The App also includes any patches, updates and supplements to the App (“Upgrade”) provided to You by and at the Licensor’s sole discretion. Any such Upgrade to the App provided by Licensor is subject to the terms of this EULA, as may be amended by Licensor from time to time.
Cellular or Wireless Service
You may be charged for data usage in connection with Your use of the App when connected to Your wireless service provider’s data networks. Amica encourages You to use WiFi wherever available when using the App. You hereby acknowledge and agree that Your use of the App may lead to excess data charges and that You are solely responsible for any such data charges that You may incur in connection with Your use of the App.
Nothing in this EULA shall absolve You from liability for damages resulting from any breach of this EULA by You, notwithstanding that Licensor may have other remedies available under this EULA (including the right to terminate this EULA). If You breach any provision of this EULA, You acknowledge that such breach may diminish substantially the value of such intellectual property rights of Licensor and may irreparably harm Amica, and in such event Amica (without limiting its other rights or remedies) shall be entitled to seek equitable relief, including but not limited to injunctive relief, to protect Amica’s interests, and indemnification and reimbursement for any all expenses incurred by Amica from You in protecting its interests or defending its rights as a result of Your breach of this EULA.
The License to use the App is effective until terminated by You or Amica. Your rights under this EULA will terminate automatically without notice from Amica if You fail to comply with any term(s) of this EULA. Upon termination of the License or the EULA, You shall cease all use of the App and destroy all copies, full or partial, of the App. Upon request by Amica, You must supply Amica with a notice certifying compliance with this section.