End User License Agreement

By requesting a quote/proposal, you agree to our End User License Agreement

SOFTWARE END USER LICENSE AGREEMENT IMPORTANT – READ CAREFULLY BEFORE USING THE AGENCY INSURANCE CONSULTANTS SOFTWARE

By using the Agency Insurance Consultants Software, you, the “Licensee,” agree with Agency Insurance Consultants, Inc. and its affiliates (“Agency Insurance Consultants”) to be bound by the terms of this Software License Agreement including the Disclaimer of Warranties. If you do not agree to the terms of this Software License Agreement, do not use the Agency Insurance Consultants Software. Licensee accepts this License Agreement by clicking to accept or agree to the License Agreement before using the Agency Insurance Consultants Software. 1. Grant of License. Agency Insurance Consultants hereby grants to the Licensee a limited, revocable, non-exclusive, non-transferable license to use the Agency Insurance Consultants Software for the purposes of requesting insurance quotations, requesting solicitations for insurance policies, and requesting other communications from Agency Insurance Consultants. 2. Term. This License Agreement will be effective from the date of acceptance by the Licensee, and shall continue in effect unless terminated as provided herein. 3. Separate License Required. A separate license is required for each computer on which the Agency Insurance Consultants Software is used. 4. Reverse Engineering, Decompilation, and Disassembly. The Licensee may not reverse engineer, decompile, or disassemble the Agency Insurance Consultants Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 5. Resale or Rental. Except as expressly permitted herein, the Licensee may not sell, rent, lease, or lend the Agency Insurance Consultants Software. Except as expressly permitted herein, the Licensee may not assign its rights under this License Agreement or sub-license the Agency Insurance Consultants Software. 6. Reservation of Rights. All rights not expressly granted in respect of the Agency Insurance Consultants Software are reserved by Agency Insurance Consultants. 7. Copyright. All title and intellectual property rights, copyright, moral rights, and patent rights in and to the Agency Insurance Consultants Software (including but not limited to any images, photographs, animations, video, audio, music, text and applets incorporated into the Agency Insurance Consultants Software) are owned by Agency Insurance Consultants or other third parties. Nothing in this License Agreement shall constitute a grant, transfer, or assignment to the Licensee of any of the foregoing rights. 8. Termination Right. Agency Insurance Consultants may terminate the license granted to the Licensee pursuant to this License Agreement by notice in writing to the Licensee at any time in its sole discretion or for cause. In the event of termination for cause, if (i) the Licensee commits any material breach of the terms and conditions of this License Agreement, and (ii) the Licensee fails to rectify its material breach within thirty days of receiving written notice from Agency Insurance Consultants requiring it to do so, then this license terminates without further action by Agency Insurance Consultants. 9. No Binder of Coverage or Agreement to Insure. Nothing in this License Agreement or in the Agency Insurance Consultants Software constitutes a binder of insurance or an agreement to insure Licensee. Licensee must complete the underwriting process to qualify for specific rates. Coverage offered by Agency Insurance Consultants is underwritten by Allstate Insurance Company, which has a home office in Northbrook Illinois. Insurance policy rates are subject to verification and qualification and can change. Quotations are based on certain assumptions made at the time the quotations are prepared, and actual premiums may be higher or lower than quoted due to a number of factors, including but not limited to: protection class, services performed, nature of business, business classification, construction class, contents limits, prior insurance, information provided by or obtained through inspections or third parties, past loss history, credit reports, the date coverage is purchased, and the date coverage becomes effective. 10. Disclaimer of Warranties. Agency Insurance Consultants provides the Agency Insurance Consultants Software AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, correspondence to description, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Agency Insurance Consultants Software. 11. Exclusion of Incidental, Consequential, And Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall Agency Insurance Consultants, its affiliates, directors, officers, employees, or agents be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Agency Insurance Consultants Software, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of Agency Insurance Consultants, and even if Agency Insurance Consultants has been advised of the possibility of such damages. 12. The Licensee’s Exclusive Remedy. Agency Insurance Consultants’ entire liability and the Licensee’s exclusive remedy shall be Licensee’s cessation of use of the Agency Insurance Consultants Software and the Licensee’s withdrawal of any requests for insurance quotations, requests for solicitations for insurance policies, and requests for other communications from Agency Insurance Consultants. 13. Indemnification. To the maximum extent permitted by law, Licensee agrees to defend, indemnify and hold harmless Agency Insurance Consultants, its affiliates, directors, officers, employees, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including reasonable attorney fees, arising out of or accruing from Licensee’s use of the Software or any non-compliance by Licensee with this License Agreement. 14. Governing Law. This License Agreement will be governed by and construed in accordance with the substantive laws in force in the United States and within the state of Washington, excluding its conflict of law rules. Licensee and Agency Insurance Consultants agree to submit to the exclusive jurisdiction of the courts of the U.S. District Court in the Western District of Washington, or in the courts of the state of Washington sitting in King County, Washington, which shall have exclusive jurisdiction over all disputes relating to this License Agreement. This License Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 15. Severance. If any provision in this License Agreement is held invalid or unenforceable, such provision shall be modified to the extent necessary to render it valid or enforceable or severed from this License Agreement if no such modification is possible, and the other provisions of this License Agreement shall remain in full force and effect. 16. No Other License Agreements. This License Agreement is the entire agreement of the parties with respect to the Agency Insurance Consultants Software, and there are no other agreements, written, oral, electronic or otherwise, with respect to the Agency Insurance Consultants Software, and this License Agreement supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Agency Insurance Consultants Software.