This license is a legal agreement (the "Agreement") between you and ACORD
Corporation, with a principal place of business at Two Blue Hill Plaza, 3rd
Floor, Pearl River, NY 10965, telefax number 845-620-3689 ("Licensor" or
"ACORD"), which is the owner of the copyright in the Standard described or
contained on the Web page or site from which this Agreement was accessed
(the "Standard"). As used in this Agreement, "you" means the company, entity
or individual ("Licensee") that is acquiring a license under this Agreement.
By
clicking
on
the
"ACCEPT"
button
below,
you
are
agreeing
that
you
will
be
bound
by
and
are
becoming
a
party
to
this
Agreement.
If
you
are
an
entity,
and
an
individual
is
entering
into
this
Agreement
on
your
behalf,
then
you
will
be
bound
by
this
Agreement
when
that
individual
clicks
on
the
"ACCEPT"
button.
When
s/he
does
so,
it
will
also
constitute
a
representation
by
the
individual
that
s/he
is
authorized
to
bind
you
as a
party
to
this
Agreement.
If
you
do
not
agree
to
all
of
the
terms
of
this
Agreement,
click
the
"DO
NOT
ACCEPT"
button
at
the
end
of
this
Agreement.
I.
Read
and
Copy
License
Only
If
your
use
of
the
Standard
is
limited
to
study
purposes,
then
only
the
provisions
of
this
Section
I
and
the
provisions
of
Section
III
will
apply
to
you:
Licensor
hereby
grants
you
the
right,
without
charge,
to
download,
copy
(for
internal
purposes
only)
and
share
the
Standard
with
your
employees
for
study
purposes
only.
This
license
grant
does
not
include
the
right
to
sublicense
or
modify
the
Standard.
II.
Implementation
License
and
Sublicense
Terms
If
you
implement
or
otherwise
make
use
of
the
Standard,
then
the
following
provisions
will
also
apply
to
you:
1.
Definitions
"Insurance
Product"
is a
product
or
service
that
implements
some
or
all
of
the
Required
Elements
of
the
Standard
for
the
purpose
of
processing
or
conducting
the
business
of
insurance.
"End
User"
is a
company,
entity
or
individual
that
has
been
granted
a
sublicense
of
an
Insurance
Product
by
Licensee
in
the
exercise
of
rights
granted
under
this
Agreement.
"Prohibited
Use"
is
any
use
that
is
intended
to
provide
access
to
the
Standard
by
third
parties,
rather
than
implementation
of
an
insurance
activity
through
Licensee's
Insurance
Product
which
utilizes
the
Standard
for
the
purpose
of
processing
or
conducting
the
business
of
insurance.
By
way
of
example,
licensing
or
making
the
Standard
or a
part
of
it
available,
either
as a
product
or
through
Web-based
access,
for
the
purpose
of
accessing
the
contents
of
the
Standard
is a
Prohibited
Use.
NOTE:
Certain
Prohibited
Uses
may
be
permitted
under
a
fee-bearing
license
agreement.
For
further
information,
contact
ACORD.
"Required
Element"
is
each
element
of a
Standard,
except
such
elements,
if
any,
as
may
be
otherwise
designated.
For
example,
Required
Elements
would
not
be
found
in
reference
implementations
or
ACORD-created
implementation
examples,
except
to
the
extent
that
they
would
also
be
Required
Elements
under
a
Standard.
2.
GRANT
OF
LICENSE
2.1
License.
Licensor
hereby
grants
without
charge
to
Licensee,
on a
perpetual,
nonexclusive
and
worldwide
basis,
the
right
to
utilize
the
Standard
for
the
purpose
of
developing,
making,
having
made,
and
using,
marketing,
offering
to
sell,
and
selling,
importing,
offering
to
sublicense,
and
sublicensing,
in
each
case,
to
End
Users,
and
to
otherwise
distribute
to
End
Users,
Insurance
Products,
other
than
for
a
Prohibited
Use(s),
and
in
all
cases
subject
to
the
conditions
set
forth
in
this
Agreement
and
any
relevant
patent
and
other
intellectual
property
rights
of
third
parties
(which
may
include
members
of
Licensor).
2.2
Sublicensing.
Licensee
shall
not
sublicense
the
Standards
or
any
of
its
rights
under
this
Agreement
except
to
the
extent
necessary
to
exercise
its
rights
under
Section
II.2.1
above.
2.3
Attribution;
Disclaimer.
Every
Insurance
Product
shall
include
the
following
attribution
and
disclaimer
on
the
boot
screen,
on
the
first
or
second
page
of
any
supporting
electronic
or
printed
documentation,
and
in
the
source
code
of
such
product:
"This
product
incorporates
licensed
copyrighted
or
other
proprietary
material
of
ACORD
Corporation.
However,
no
inference
shall
be
drawn
from
this
statement
that
this
product
fully
complies
with
any
ACORD
Standard(s).
A
product
should
only
be
considered
to
be
compliant
with
a
given
ACORD
Standard
if
it
has
been
formally
certified
by
ACORD
against
that
Standard.
The
name
ACORD
and
the
ACORD
logo
are
registered
marks
of
ACORD
Corporation.
"Any
copyrighted
or
other
proprietary
material
of
ACORD
Corporation
contained
in
this
document
is
provided
"AS
IS",
WITHOUT
WARRANTY
OF
ANY
KIND,
EXPRESS
OR
IMPLIED,
INCLUDING
BUT
NOT
LIMITED
TO
WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE,
ACCURACY,
COMPLETENESS,
TITLE
AND
NONINFRINGEMENT
OF
THIRD
PARTY
RIGHTS.
In
no
event
shall
ACORD
Corporation,
its
members,
its
participants
or
its
contributors
be
liable
for
any
claim,
or
any
direct,
special,
indirect
or
consequential
damages,
or
any
damages
whatsoever
resulting
from
loss
of
use,
data,
profits,
business
revenue
or
goodwill
or
other
economic
loss,
whether
in
an
action
of
contract,
tort
or
otherwise,
arising
out
of
or
in
connection
with
the
use
or
performance
of,
or
reliance
on,
any
copyrighted
or
other
proprietary
material
of
ACORD
Corporation
contained
in
this
documentation,
even
if
ACORD
Corporation
has
been
advised,
knew
or
should
have
known
of
the
possibility
of
such
damages.
"This
document
and
any
opinions
it
may
contain
are
solely
the
product
of
its
author(s)
and
are
neither
endorsed
by
ACORD
nor
warranted
by
ACORD
for
technical
accuracy."
III.
Provisions
Applicable
to
All
Licensees
The
following
provisions
apply
to
all
Licensees
(the
first
two
paragraphs
of
this
Agreement
and
the
definitions
in
Section
II
are
hereby
incorporated
by
reference):
1.
NO
WARRANTIES;
NONLIABILITY
THE
STANDARD
IS
PROVIDED
"AS
IS",
WITHOUT
WARRANTY
OF
ANY
KIND,
EXPRESS
OR
IMPLIED,
INCLUDING
BUT
NOT
LIMITED
TO
WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE,
ACCURACY,
COMPLETENESS,
TITLE
AND
NONINFRINGEMENT
OF
THIRD
PARTY
RIGHTS.
THE
DURATION
OF
ANY
STATUTORILY
REQUIRED
WARRANTY
PERIOD
SHALL
BE
LIMITED
TO
THIRTY
DAYS
FROM
THE
DATE
OF
YOUR
ACCEPTANCE
OF
THIS
AGREEMENT.
IN
NO
EVENT
SHALL
LICENSOR,
ITS
MEMBERS,
ITS
CONTRIBUTORS
OR
ITS
PARTICIPANTS
BE
LIABLE
FOR
ANY
CLAIM,
OR
ANY
DIRECT,
SPECIAL,
INDIRECT
OR
CONSEQUENTIAL
DAMAGES,
OR
ANY
DAMAGES
WHATSOEVER
(INCLUDING
LOSS
OF
USE
OR
DATA,
LOST
PROFIT
OR
BUSINESS
REVENUE,
OR
GOODWILL),
WHETHER
IN
AN
ACTION
FOR
CONTRACT,
TORT
OR
OTHERWISE,
ARISING
IN
CONNECTION
WITH
THIS
AGREEMENT,
THE
STANDARD
OR
THE
USE
THEREOF,
EVEN
IF
ACORD
HAS
BEEN
ADVISED,
KNEW
OR
SHOULD
HAVE
KNOWN
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
UNDER
NO
CIRCUMSTANCES
SHALL
ACORD,
ITS
MEMBERS,
ITS
CONTRIBUTORS
OR
ITS
PARTICIPANTS
(for
purposes
of
this
paragraph
only,
collectively
"ACORD")
BE
LIABLE
FOR
ANY
DAMAGES
OR
LOSSES
CAUSED
IN
ANY
MANNER
BY
LICENSEE’S
FAILURE
TO
PERFORM
ITS
OBLIGATIONS
UNDER
THIS
AGREEMENT,
OR
BY
ITS
BREACH
OF
ANY
PROVISIONS
HEREIN,
OR
BY
MODIFICATIONS
OR
ENHANCEMENTS
MADE
TO
THE
STANDARD
BY
ANYONE
OTHER
THAN
AN
AUTHORIZED
ACORD
REPRESENTATIVE.
ACORD
SHALL
NOT
BE
LIABLE
TO
LICENSEE,
ANY
PARTY
INVOLVED
IN A
TRANSACTION
INITIATED
BY
LICENSEE
USING
THE
STANDARD
OR
ANY
OTHER
THIRD
PARTY
FOR
ANY
CLAIMS
OR
DAMAGES,
INCLUDING,
WITHOUT
LIMITATION,
LOSSES
OR
DAMAGES
OF
ANY
AND
EVERY
NATURE,
RESULTING
FROM
THE
LOSS
OR
CORRUPTION
OF
DATA,
INABILITY
TO
ACCESS
THE
INTERNET
OR
INTERNAL
SYSTEMS,
OR
INABILITY
TO
TRANSMIT
OR
RECEIVE
INFORMATION,
CAUSED
BY,
OR
RESULTING
FROM,
DELAYS,
NON-DELIVERY,
OR
SERVICE
INTERRUPTIONS
WHETHER
OR
NOT
CAUSED
BY
THE
FAULT
OR
NEGLIGENCE
OF
ACORD.
2.
THIRD
PARTY
RIGHTS
WITHOUT
LIMITING
THE
PROVISIONS
OF
SECTION
III.1.
ABOVE,
LICENSOR
ASSUMES
NO
RESPONSIBILITY
TO
COMPILE,
CONFIRM,
UPDATE
OR
MAKE
PUBLIC
ANY
THIRD
PARTY
ASSERTIONS
OF
PATENT
OR
OTHER
INTELLECTUAL
PROPERTY
RIGHTS
THAT
MIGHT
BE
INFRINGED
BY
AN
IMPLEMENTATION
OF
THE
STANDARD.
IF
ANY
SUCH
RIGHTS
ARE
DESCRIBED
ON
THE
STANDARD,
LICENSOR
TAKES
NO
POSITION
AS
TO
THE
VALIDITY
OR
INVALIDITY
OF
SUCH
ASSERTIONS,
OR
THAT
ALL
SUCH
ASSERTIONS
THAT
HAVE
BEEN
OR
MAY
BE
MADE
ARE
SO
LISTED.
3.
TERMINATION
OF
LICENSE
3.1
Termination
by
Licensor.
(a)
In
the
event
of a
breach
of
this
Agreement
by
Licensee,
Licensor
shall
give
Licensee
written
notice
and
an
opportunity
to
cure.
If
the
breach
is
not
cured
within
thirty
(30)
days
after
written
notice,
or
if
the
breach
is
of a
nature
that
cannot
be
cured,
then
Licensor
may
immediately
or
thereafter
terminate
the
licenses
granted
in
this
Agreement.
(b)
Licensor
may
terminate
this
license
in
the
event
it
retires
or
otherwise
withdraws
the
Standard.
(c)
In
the
event
that
Licensor
amends
the
form
of
this
Agreement
in
the
future
as
contemplated
by
Section
III.4.3
below,
Licensor
shall
have
the
right
to
terminate
Licensee's
rights
under
this
Agreement
without
cause
provided
that,
if
Licensee
is
not
in
breach
of
this
Agreement
at
the
time
of
termination,
Licensor
offers
Licensee
the
right
to
enter
into
such
amended
form
of
Agreement.
(d)
Upon
any
termination
of
this
Agreement
by
Licensor
for
any
reason
(other
than
by
reason
of a
withdrawal
or
amendment
of
the
Standard
due
to a
judicial,
statutory
or
regulatory
requirement
or
third
party
claim
of
infringement),
Licensee’s
End
Users
shall
be
permitted
to
continue
to
use
Insurance
Products
created
or
obtained
prior
to
such
termination,
other
than
any
Prohibited
Use(s).
3.2
Termination
by
Licensee.
Licensee
may
immediately
terminate
the
licenses
granted
in
this
Agreement
upon
written
notice
to
Licensor.
4.
MISCELLANEOUS.
4.1
Notices.
All
notices
required
under
this
Agreement
shall,
at
the
option
of
the
sender,
be
in
writing
or
via
telefax,
and
shall
be
deemed
effective
five
days
after
deposit
in
the
mails
or,
if
by
telefax,
upon
receipt
by
the
sender
of a
notice,
generated
by
the
telefax
machine
from
which
the
telefax
was
transmitted,
confirming
receipt
by
the
addressee's
telefax
machine.
Notices
and
correspondence
to
(a)
Licensor
must
be
sent
to
the
address
or
telefax
number
shown
above,
and
(b)
to
Licensee
shall
be
sent
to
the
address
or
telefax
number
identified
by
Licensee
in
the
form
completed
by
Licensee
below
in
this
Agreement.
4.2
Governing
Law.
This
Agreement
shall
be
construed
and
interpreted
under
the
internal
laws
of
the
United
States
and
the
State
of
New
York,
without
giving
effect
to
its
principles
of
conflict
of
law.
4.3
Entire
Agreement.
This
Agreement
constitutes
the
entire
agreement
and
understanding
between
Licensor
and
Licensee
regarding
the
subject
matter
contained
herein.
No
modification
or
waiver
of
this
Agreement
shall
be
binding
unless
it
is
in
writing
and
signed
by
both
parties.
If
any
provision
of
this
Agreement
is
held
by a
court
of
competent
jurisdiction
to
be
invalid,
illegal
or
unenforceable,
such
provision
shall
be
omitted
and
the
remaining
terms
shall
remain
in
full
force
and
effect.
This
Agreement
supersedes
any
and
all
prior
agreements
between
Licensor
and
Licensee
regarding
Licensee's
right
to
use
the
Standard.
ACORD
reserves
the
right
at
any
time
and
from
time
to
time
to
alter
this
form
of
Agreement
to
any
extent.
4.4
Required
Information.
You
represent
and
warrant
that
the
following
information
is
complete
and
accurate:
