Product Terms and Conditions

TERMS AND CONDITIONS REGARDING EXTENDED SOLUTIONS

The following terms apply to Extended Solutions if licensed by Licensee pursuant to the Agreement. All capitalized terms used but not defined herein shall have the meaning given to them elsewhere in the Agreement.

1. Web-Based Training. Licensee may access Web-Based Training (“WBT”) and Applied University (“AU”), which includes live or recorded classes and instructors to train Users on Applied Software, administered through the Applied University website. All content, materials, and information shared, accessed, or provided through WBT and AU is considered Documentation. Subscription rates are based upon a set duration of time and the number of Users for the Primary Software and subject to change from time to time.  Subscription renewals are automatic unless written notice of non-renewal is received from Licensee thirty (30) days prior to the effective date of the next renewal.
   
   
2. Integrated Fax Application / Fax Services Client Module / Fax@vantage. Licensee is provisioned an integrated faxing application for use in conjunction with the Primary Software to allow Licensee to send and receive faxes (electronic document files in a facsimile format) through the Primary Software.  A “Fax Services Client”, which is loaded onto a dedicated fax/communications server, is included with the integrated faxing application. The following items may also be included if specified in an Order: (a) remote faxing functionality which may be utilized on the number of additional dedicated fax/communications servers (all owned or leased by Licensee), where the server may be accessed by an unrestricted number of Licensee's Users; or (b) a “Remote Port Manager” module which incorporates Least Cost Routing technology allowing Licensee to re-route outgoing faxes from the dedicated fax server to another server or workstation located on-premise at one of Licensee’s remote locations, which may only be utilized on a single dedicated server or workstation (leased or owned by Licensee) for the benefit of a single remote location.
   
   
3. CSR24. Licensee is provided access to and use of Applied CSR24^®. Applied CSR24 is a self-service customer portal that connects Licensee’s customers to information in Licensee’s agency management system, with features such as call center, branded mobile applications, and document, claims, and policy management. Licensee authorizes Applied to install the necessary data exchange software or program files to allow the exchange of Licensee Data and application data between the Applied CSR24 instance and the applicable Primary Software. For purposes of Applied CSR24 only, Licensee’s customers’ (insureds) access to customer-facing components of Applied Software is not considered unauthorized use as restricted by the Agreement. Certain features of Applied CSR24 require the use of third party software or services (e.g. Call Center) to function and, if such features are selected by Licensee in an Order, Licensee authorizes the handling of its data by such entities subject to the confidentiality obligations of the Agreement. Certain features of Applied CSR24 may also require additional written agreements to activate.
   
   
4. Private Cloud. Licensee is provided with access to one or more dedicated virtual servers in an application hosting and data center environment (“Private Cloud”) allowing Licensee to access and use pre-configured Software provisioned by Applied and/or install, access, and manage validly licensed third-party applications. Licensee does not obtain, and will not assert any claim to any right, title, or interest in or to the Private Cloud.  Licensee acknowledges and accepts that Applied will only provide Support for the Applied Software and is only responsible for maintaining and/or installing Updates to the core Applied Software specified in then-current Order(s). Licensee is responsible for maintaining, installing, managing, and updating all additional applications or software, including any third-party programs, in the Private Cloud.
   
   
5. Integrations – Pre-Configured. Applied may offer pre-configured modules, developed with the use of Applied’s software development kits (SDK) or other specialized utilities, that facilitate the Integration with specific third-party software or databases or the import/export of data in a specific and limited manner. Pursuant to an Order, Licensee is authorized to use the “run-time version” of the SDK accompanying the module (“Run-Time SDK”), strictly limited to operating the specific module in accordance with the Documentation. Licensee shall not: (i) access and/or use any specific integration code, source code, or any other component(s) of the Run-Time SDK apart from those necessary for enabling the operation of the module itself; (ii) use the module or Run-Time SDK to export data, configurations, tools, stored procedures, and data views from its Applied Software database(s) to any third party; and (iii) utilize or leverage knowledge gained from access and use of module or Run-Time SDK to develop, create, link, and/or connect interfaces, integrations, tools, or other solutions. No other use is authorized.  Applied may, from time to time, issue or release (in its discretion) Limited Updates to the module.  “Limited Updates” are defined as minor releases, corrections, patches, and/or minor upgrades, and do not include updates for purposes of accommodating new major releases of the respective software applications.
   
   
6. Epic Browser Extension & Applied Epic Bridge
   
   
7. Epic Quotes.

8. Marketing Automation.
   
   

8.1 Usage. “Applied Marketing Automation” software enables users to build, track, and send emails, written communications, and otherwise use content to market to their customers. If identified in an Order, Applied allows Users as specified in an Order: (a) to access and use Applied Marketing Automation in a cloud environment managed by Applied solely for the Permitted Use; (b) to access an online collection (“Library”) of articles, newsletters, templates, graphics, images, and other materials (collectively “Content”) to select, download, reproduce, display, and distribute Content in a collective work for internal business purposes and purposes of marketing and servicing efforts with Licensee’s customers and prospective customers: (i) through Applied Marketing Automation’s email functionality; and (ii) on Licensee’s corporate website, blog, or social media accounts, provided that such displays are limited to no more than a reasonable number of Content items shared via these channels per month.  Licensee is solely responsible for selecting the Content it believes relevant to its business or usage requirements. Users are provisioned on a Named Basis only, must be located in the United States or Canada, and must be Licensee’s Employees. Applied reserves the right, in its discretion, to withhold, restrict, suspend, or terminate access to the Library and/or Applied Marketing Automation if Licensee is in non-compliance with the Agreement, including if Licensee downloads more Content than is reasonable for purposes of the license grant herein. Licensee must have a privacy policy posted for each domain associated with the mailing, post an email address for complaints, and have the means to track anonymous complaints and comply with opt-out requests.

8.2 Limitations & Disclaimers. Applied Marketing Automation, Content, Library, and software constitutes, embodies, and/or contains valuable trade secrets, proprietary information, and other Confidential Information owned by Applied or its licensors and that any use, disclosure, transfer, or copying, in whole or in part, to third parties or otherwise, is illegal and prohibited. Licensee shall NOT, nor allow another to: (a) remove, modify, or obscure the disclaimer, copyright, trademark or other proprietary notice present on the Content or Applied Marketing Automation; (b) disable any right-click functionality restrictions or other security present on the Content or Applied Marketing Automation; (c) make any revisions, modifications, or copies of the Content or Applied Marketing Automation except as may be expressly permitted by the functionality present in the Library; (d) sublicense, redistribute, copy, reformat, or otherwise reproduce the Content or Applied Marketing Automation except as explicitly authorized herein. Content links sent from Applied Marketing Automation will mask URLs to appear from Licensee’s domain and are not shareable. Licensee’s email messages and other items sent or received via Applied Marketing Automation will include information that is created by the systems and networks that are used to create and transmit the message, including information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information (“Message Routing Data"). Third-party software provider(s) may collect and store information related to Licensee’s use of the email service systems, such as the, API, SMTP and filtering choices and usage (“Usage Data”) and may view and use the Message Routing Data and Usage Data for its general business purposes, including maintaining and improving security, improving services, and developing products and may disclose Message Routing Data and Usage Data to third parties in aggregate statistical form, provided that third-party software provider(s) does not include any information that could be used to identify Licensee. Licensee agrees to indemnify and hold harmless Applied from and against any and all third-party claims, losses, and expenses that arise out of or are related to Licensee’s failure to comply with the terms of this Section or infringement of Content. Licensee acknowledges that email is an insecure medium that is generally not encrypted in transit and Licensee is responsible for using appropriate security precautions, including encrypting any sensitive data it uses, in conjunction with Applied Marketing Automation. The Content may include summaries of legal, financial, marketing, and other information. Applied has no obligation to update the Content at any time and Applied makes no representations or warranties regarding its accuracy, timeliness, or currency.

 

9. Integrated Texting. “Applied Integrated Texting” is software integrated within Applied Epic that enables Users to send, receive, and log text messages directly from Applied Epic. As with other Software, use of Applied Integrated Texting is subject to Applied’s Acceptable Use Policy. It is Licensee’s sole responsibility to take the appropriate measures and actions to ensure that it is in compliance with applicable laws and regulations associated with use of Integrated Texting and sending of text/SMS messages to consumers or other individuals, including but not limited to those regarding the administration and management of opt-in/opt-out requirements and requests for and by individuals to whom text/SMS messages are sent. The software that enables Integrated Texting is licensed to Applied from a third-party software provider and use of Integrated Texting is the result of a direct relationship between Applied and such entity. Licensee agrees to indemnify and hold harmless Applied from and against any and all third-party claims, losses, and expenses that arise out of or are related to Licensee’s failure to comply with the terms of this Section.

 

10. Rating Services (Canada Only). Applied offers certain online services (e.g. Applied AutoRater, Applied PropertyRater) that use the current underwriting information and rules of specific insurance carriers to electronically produce individual insurance rates and premiums in Canada based on the unique data submitted, and, in addition, offers optional features, add-ons and additional ancillary products for use with such services (collectively referred to herein as the “Canada Rating Services”).

10.1 Use & Access. Licensee’s access to the Canada Rating Services is subject to the Acceptable Use provisions of Section 3.11 of the Agreement and is limited solely to the enumerated Canadian provinces (“Authorized Provinces”), the number of insurance carriers (“Authorized Carriers”), and the Authorized Carriers’ line of insurance (“Rate Plan”) that are identified in the applicable Order. Licensee may only access the Canada Rating Services from the authorized servers located at Licensee’s connected branch and any authorized unconnected branches, and/or from authorized laptop computers (collectively, the “Licensed Servers”) identified in the Order. Licensee may only concurrently access the Canada Rating Services by the number of Users identified in the Order. The Applied AutoRater portion of the Canada Rating Services is not available for the Canadian provinces of British Columbia, Manitoba, and Saskatchewan; and any other reference in the Agreement (including, but not limited to, the Order) to one or more of such provinces as an “Authorized Province” is null and void.

10.2 Carrier Plans & Permissions. The scope of Licensee’s access to the Canada Rating Services is subject to Licensee having the appropriate insurance carrier permissions to quote such rates. Licensee represents and warrants that it has the necessary permissions from each Authorized Carrier to conduct business using, or otherwise use the Canada Rating Services for, such Authorized Carriers’ Rate Plans for the Authorized Provinces. If Applied receives notice from an Authorized Carrier that Licensee does not have the permission from such Authorized Carrier to conduct business using, or to otherwise use the Canada Rating Services for, one or more of such Authorized Carrier’s Rate Plans (each an “Unauthorized Plan”), Applied will not allow Licensee access to the Canada Rating Services for any such Unauthorized Plans unless, and until, Applied receives written notice from the appropriate Authorized Carrier that Licensee has such Authorized Carrier’s permission to conduct business using, or otherwise use the Canada Rating Services for, the applicable Unauthorized Plan. Applied shall not be liable for Licensee’s failure to secure carrier permissions or inability to access the Canada Rating Services for an Unauthorized Plan. Licensee hereby agrees to waive any and all claims against Applied in connection with Licensee’s failure to secure carrier permissions or inability to access the Canada Rating Services for an Unauthorized Plan. Licensee agrees to indemnify, defend, and hold Applied harmless from and against any claims, actions, fines, damages, or other costs (including reasonable attorneys’ fees) resulting from Licensee’s failure to secure carrier permissions or inability to access the Canada Rating Services for an Unauthorized Plan as per the warranties under Section 6.1.12 above of the Agreement.

10.3 Canada Rating Services Add-On Features. The following features, add-ons, and additional ancillary products may be offered by Applied as part of the Canada Rating Services and may only be accessed through Licensee’s authorized use of the base Canada Rating Services (e.g. Applied AutoRater, Applied PropertyRater).

10.3.1 “Canada Pre-Fill” – Licensee acknowledges that certain portions of Canada Pre-Fill utilize a third-party service provided by CGI Information Systems and Management Consultants, Inc., with which Licensee Data may be shared for purposes of the Agreement; and Licensee hereby consents to the sharing of Licensee Data with such third-party, and confirms that all other necessary consents (from Licensee’s customers or otherwise) have been obtained in writing by Licensee. The access to and use of Canada Pre-Fill through Licensee’s authorized use of the Canada Rating Services is subject to the availability of such third-party service. Licensee does not acquire any right, title, or ownership in such third-party service or any other proprietary material of CGI Information Systems and Management Consultants, Inc., and its affiliates. Canada Pre-Fill is not available for the Canadian provinces of British Columbia, Manitoba, Quebec and Saskatchewan, and any other reference in the Master Agreement (including, but not limited to, an Order) stating otherwise is null and void.

10.3.2 “Applied ezITV” & “Applied ITV” – Licensee acknowledges that certain portions of Applied ezITV and Applied ITV require access to iClarify and other online tools provided by Opta Information Intelligence, Inc., a third-party with which Licensee Data may be shared for purposes of the Agreement. Licensee hereby consents to the sharing of Licensee Data with such third-party and confirms that all other necessary consents (from Licensee’s customers or otherwise) have been obtained in writing by Licensee. Applied hereby grants Licensee a non-exclusive, non-transferable, revocable, limited license to access the iClarify service solely through Licensee’s authorized use of the base Canada Rating Services (e.g. Applied AutoRater, Applied PropertyRater), subject to the availability of iClarify and such online tools, as well as any related terms or conditions that may be imposed at any time, by Applied and/or such third-party provider. Except for the right of limited access to the iClarify service, Licensee does not acquire any right, title, or ownership in the iClarify service or any other proprietary material of Opta Information Intelligence, Inc., and its affiliates.

10.3.3 “Fortus Rating Engine” – An Applied-hosted software application that can be configured to provide multi-insurer comparative new business insurance premium estimations for private passenger automobile insurance products in Canada and is accessed via a web services connection made available by Applied. The applicable Order and/or SOW sets forth the specifications, deliverables (if any), development fees, and other terms and conditions by which Applied will provide, and Licensee will receive, a license to use Fortus Rating Engine and any related services identified therein.  Fortus Rating Engine may only be deployed on one consumer-facing website (URL) and may not be used on subdomains of such URL. Licensee’s employees, consultants, contractors, and/or producers may not use the consumer-facing site to access Fortus Rating Engine to otherwise obtain rating information. Licensee may not: (a) use Fortus Rating Engine at any location, URLs, or websites except those authorized herein; (b) give, sell, grant, or provide access to the data as derived from Fortus Rating Engine to any individual, or entity; (c) use Fortus Rating Engine and the resulting information to conduct studies, analysis, or other comparisons; or (d) create an integration that has the effect or result (whether intended or unintended) of reducing the number of human interactions with the Fortus Rating Engine or number of quotes or leads that would otherwise be needed for or generated by the Fortus Rating Engine. In no event, and under no circumstances, whatsoever, does Applied represent, warrant or guarantee that Applied will be able to fully or accurately meet such requests; and, furthermore, any failure by Applied to meet any requests by the consumer relating to Fortus Rating Engine does not relieve Licensee from its obligation to pay Applied the applicable development fees identified in the Order and/or applicable Statement of Work (“SOW”) (and any referenced attachments or other documents).

10.3.4 “Applied WebRater” – Applied WebRater may only be accessed through a single, unique uniform resource locator (URL) (“Authorized URL”). In addition to any other fees that may be due under the Agreement, periodic Applied WebRater session fees will be payable to Applied based on the number of Sessions. The term “Session” is defined as a unique visit to Licensee’s URL provided by Applied that is associated with the Applied WebRater application. Licensee represents and warrants that: (a) Licensee has full, unencumbered ownership of the Authorized URL, and will maintain such ownership at all times; (b) Licensee has received all third-party permissions necessary to allow Applied to provide Applied WebRater to Licensee according to Licensee’s specifications; (c) Licensee is, at all times, solely responsible for compliance with all applicable privacy laws regarding the collection and use of personal information through the Authorized URL, and for the implementation of all notices and disclosures thereunder, which may be required now or in the future; (d) Licensee will not engage in any unlawful, unethical, or other ‘black hat’ search engine optimization techniques designed to artificially raise the search engine ranking of any member of the Authorized URL’s domain; and (e) Licensee will not sell or otherwise distribute the data or other information received from Applied WebRater. Licensee acknowledges and agrees that Applied does not review or check any data or other information entered into the Authorized URL by end-users and forwarded to Licensee through the Applied WebRater; and in no event shall Applied be liable for the accuracy or trustworthiness of the data or other information that Licensee receives through the Applied WebRater.

10.3.5 “Applied WebRater Enterprise” – Applied WebRater Enterprise requires Applied to perform software development and other services in an attempt to meet the specific requests of Licensee. In no event, and under no circumstances, whatsoever, does Applied represent, warrant or guarantee that Applied will be able to fully or accurately meet such requests. A Statement of Work will be required to initiate Applied WebRater Enterprise services.

11. Indio. Indio enables a streamlined solution for completing insurance applications and other insurance forms via smart forms, pdfs and other documents (“Forms”) on a one-to-many basis by summarizing question sets to the most common interpretation. Forms and the digital transcribing or downloadable versions of such Forms may include typographical errors or other inaccuracies or omissions. Licensee acknowledges and agrees that it is solely responsible for reviewing the final versions of any and all Forms prepared through the use of Indio by itself, an end-client, consumer, or otherwise before submitting such Forms to a third party for insurance coverage and that as such, Licensee is responsible for the accuracy of all data entered into any Forms. Applied is not responsible and will not be liable for any typographical errors or other inaccuracies or omissions on any Forms or data entry therein. Applied is not an insurance brokerage or agency and does not sell, solicit or negotiate insurance nor does it advise or make recommendations of insurance to any consumers or other parties being insured.
    
    
    
12. Applied Benefits Designer. Applied Benefits Designer enables Users to model and compare various benefits plan options and facilitates quoting community benefits premiums and funding options modeling. Licensee acknowledges and agrees that it is solely responsible for reviewing the content of the benefits plans and other information obtained and prepared through the use of Applied Benefits Designer by itself, an end-client, consumer, or otherwise before finalizing insurance coverage and that as such, Licensee is responsible for the accuracy of information provided during the benefits review process. Applied Benefits Designer is not intended to store medical records. Applied is not responsible and will not be liable for any typographical errors or other inaccuracies or omissions on any benefits plans or information obtained therefrom. Applied is not an insurance brokerage or agency and does not sell, solicit or negotiate insurance nor does it advise or make recommendations of insurance to any consumers or other parties being insured.
    
    
    
13. Tarmika. Tarmika enables various steps of the commercial lines quoting. Certain information contained within Tarmika may be provided by third-party sources and Licensee acknowledges and agrees that it is solely responsible for reviewing the information before finalizing insurance coverage and that as such, Licensee is responsible for the accuracy of information provided during the quoting process. Applied is not an insurance brokerage or agency and does not sell, solicit or negotiate insurance nor does it advise or make recommendations of insurance to any consumers or other parties being insured.
    
    
    
14. Other Extended Solutions. The above list is not exhaustive.

TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE

The following terms, also referred to as “Schedule MS-ASP”, govern the use of Microsoft software, which may include associated software, media, printed materials, and “Cloud” or electronic documentation (individually and collectively “Microsoft Products”) provided by Applied Systems, Inc. in the United States and Applied Systems Canada Inc. in Canada (“APPLIED” as applicable).  APPLIED does not own the Microsoft Products and the use thereof is subject to certain rights and limitations of which APPLIED must inform you.  Your right to use the Microsoft Products is subject to the terms of your agreement with APPLIED, and to your understanding of, compliance with, and consent to the following terms and conditions, which APPLIED does not have authority to vary, alter, or amend.

FOR THE AVOIDANCE OF DOUBT, APPLIED MAKES NO WARRANTIES AS TO THE MICROSOFT PRODUCTS, AND LICENSEE ACCEPTS THE MICROSOFT PRODUCTS "AS IS".  APPLIED DISCLAIMS ANY IMPLIED WARRANTIES RELATING TO THE MICROSOFT PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.  APPLIED DISCLAIMS LIABILITY FOR CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES RELATING TO OR ARISING OUT OF THE USE OF THE MICROSOFT PRODUCTS.  THE LIMITATION OF WARRANTIES AND THE LIMITATION OF DAMAGES CLAUSES CONTAINED IN YOUR MASTER AGREEMENT OR OTHER AGREEMENT BY WHICH APPLIED HAS LICENSED ITS SOFTWARE TO YOU,  ARE APPLICABLE TO THE MICROSOFT PRODUCTS, AS FULLY STATED HEREIN.

1. DEFINITIONS.

• “Client Software” means software that is installed on a Device that allows the Device to access or utilize the Microsoft Products.
• "Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server, or any other hardware where software can be installed that would allow End User to interact with the Product.
• “End User” means an individual or legal entity that obtains Software Services directly from Applied, or indirectly through a Software Services Reseller.
• "Redistribution Software” means the software described in Paragraph 4 (Use of Redistribution Software) below.
• “Software Services” means services that Applied provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Microsoft Products. Software Services exclude any services involving installation of a Microsoft Product directly on any End User device to permit an End User to interact with the Microsoft Product.
• You or your shall have the same meaning as Licensee in the Agreement.

2. OWNERSHIP OF MICROSOFT PRODUCTS. The Microsoft Products are licensed to APPLIED from an affiliate of the Microsoft Corporation (collectively “Microsoft”).  All title and intellectual property rights in and to the Microsoft Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Microsoft Products) are owned by Microsoft or its suppliers.  The Microsoft Products are protected by copyright and other intellectual property rights.  You may not remove, modify, or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Microsoft Products. Your possession, access, or use of the Microsoft Products does not transfer any ownership of the Microsoft Products or any intellectual property rights to you.
   
   
3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices by APPLIED only in accordance with your agreement with Applied and the terms of this document, and only in connection with the Software Services, provided to you by APPLIED. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software. 
   
   
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided to you by APPLIED, you may have access to certain “sample,” "redistributable,” and/or software development software code and tools (individually and collectively “Redistribution Software”).  YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO APPLIED, WHICH TERMS MUST BE PROVIDED TO YOU BY APPLIED.  Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by APPLIED.
   
   
5. COPIES. You may not make any copies of the Microsoft Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by APPLIED; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software).  You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with APPLIED, upon notice from APPLIED or upon transfer of your Device to another person or entity, whichever occurs first.  You may not copy any printed materials accompanying the Microsoft Products.
   
   
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Microsoft Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
   
   
7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Microsoft Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Microsoft Products, except for the sole purpose of accessing the functionality of the Microsoft Products in the form of Software Services in accordance with the terms of this agreement and any agreement between you and APPLIED.
   
   
8. TERMINATION. Without prejudice to any other rights, APPLIED may terminate your rights to use the Microsoft Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with APPLIED or APPLIED’S agreement with Microsoft under which the Microsoft Products are licensed, you must stop using and/or accessing the Microsoft Products, and destroy all copies of the Microsoft Products and all of their component parts within thirty (30) days of the termination of your agreement with Applied.
   
   
9. NO WARRANTIES, LIABILITIES, OR REMEDIES BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services.
   
   
10. PRODUCT SUPPORT. Any support for the Software Services is provided to you by APPLIED and is not provided by Microsoft, its suppliers, affiliates, or subsidiaries.
    
    
11. NOT FAULT TOLERANT. The Microsoft Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted.  You must not use the Microsoft Products in any application or situation where the Microsoft Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage.
    
    
12. EXPORT RESTRICTIONS. The Microsoft Products are subject to U.S. export jurisdiction. You agree to comply with all applicable laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/
    
    
13. LIABILITY FOR BREACH. In addition to any liability you may have to APPLIED, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions. Microsoft will be an intended third party beneficiary of your agreement with APPLIED, with the right to enforce provisions of your agreement with APPLIED relating to Microsoft Products and to verify your compliance.
    
    
14. INFORMATION DISCLOSURE. You permit APPLIED to disclose any information requested by Microsoft under APPLIED’s agreement with Microsoft.
    
    

APPLIED SUBPROCESSOR LIST

TERMS & CONDITIONS REGARDING AI FEATURES

TERMS AND CONDITIONS REGARDING ACORD PRODUCTS

The following terms govern your use of ACORD products provided by Applied Systems, Inc. in the United States and Applied Systems Canada Inc. in Canada (“APPLIED”).  APPLIED does not own the ACORD products and the use thereof is subject to certain rights and limitations of which APPLIED must inform you.

OUR PRODUCT INCORPORATES LICENSED COPYRIGHTED AND OTHER PROPRIETARY MATERIAL OF ACORD CORPORATION, INCLUDING ACORD STANDARDIZED FORMS. ACORD FORMS ARE LICENSED BY ACORD, NOT SOLD.

YOU ACKNOWLEDGE AND AGREE THAT YOU MUST BE PARTY TO A WRITTEN LICENSE AGREEMENT DIRECTLY WITH ACORD CORPORATION IN ORDER TO USE THE ACORD FORMS CONTAINED IN OUR PRODUCT, AND REPRESENT AND WARRANT THAT YOU WILL OBTAIN SUCH A LICENSE PRIOR TO USE OF ACORD FORMS. YOU CAN OBTAIN A LICENSE AGREEMENT PERMITTING YOU AND YOUR USERS TO USE ACORD FORMS, WHICH MAY REQUIRE YOU TO PAY FEES TO ACORD, BY CONTACTING ACORD AT +1-845-620-1700 OR THROUGH THE ADDITIONAL CONTACT INFORMATION AVAILABLE AT WWW.ACORD.ORG.

ACORD FORMS ARE MODIFIED PERIODICALLY TO REFLECT CHANGING LEGAL, INDUSTRY, AND OTHER REQUIREMENTS. THE ACORD FORMS CONTAINED IN OUR

PRODUCT MAY NOT BE THE MOST CURRENT MATERIALS THAT ACORD PUBLISHES. USING OUTDATED ACORD FORMS MAY BE PROHIBITED IN CERTAIN CASES BY GOVERNMENT REGULATORS AND INCREASES THE RISK OF LEGAL ACTION BY INSUREDS AND OTHER THIRD PARTIES.

IT IS SOLELY YOUR RESPONSIBILITY TO CONFIRM THAT YOU ARE USING ONLY THE MOST CURRENT FORMS THAT ACORD PUBLISHES. YOU MAY DETERMINE THE CURRENCY OR NON-CURRENCY OF ACORD FORMS BY CONSULTING THE FORMS INFORMATION SECTION OF ACORD’S WEBSITE (WWW.ACORD.ORG).

ACORD is an intended third-party beneficiary of the above provisions. The above provisions are made expressly for the benefit of, and are enforceable by, ACORD. The name ACORD and the ACORD logo are registered marks of ACORD Corporation.

Revised: July 5, 2024