Schedule A: Third Party Platform Terms
ACORD Corporation
Agency, on behalf of itself and its Users (“you” for purposes of this SCHEDULE A), hereby represents and warrants that, notwithstanding any other provision of this Agreement that may otherwise be interpreted to the contrary, you shall not, and shall not permit or assist any third party to: (i) file any standardized form published by ACORD (including each forms instruction guide with an insurance regulatory body) (“Form”) or computer file supplied by ACORD that is designed to assist licensees with reproducing a Form (“Tool”) absent ACORD’s advance written permission, which may be granted or withheld in ACORD’s sole discretion; (ii) use any Form or Tool to create a product or service that competes with one or more Forms or Tools; (iii) materially diminish the functionality of any Wunderite software product or service that includes one or more Forms or Tools (“Product”); or (iv) grant any right or license to use any Forms or Tools (i.e. sublicensing Forms is prohibited). The following statement shall benefit, and be enforceable by, ACORD:
THIS 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 THIS PRODUCT, AND REPRESENT AND WARRANT THAT YOU WILL OBTAIN SUCH A LICENSE PRIOR TO USING ACORD FORMS. NEITHER THE PROVIDER OF THIS PRODUCT, NOR ANY THIRD PARTY, CAN GRANT LICENSES TO USE 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 THIS 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USING OUTDATED ACORD FORMS MAY BE PROHIBITED IN CERTAIN CASES BY GOVERNMENT REGULATORS AND INCREASES THE RISK OF LEGAL ACTION BY INSUREDS AND OTHER THIRD PARTIES.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.
PDFTron Systems Inc.
Agency, on behalf of itself and its Users (“you” for purposes of this SCHEDULE A), hereby represents and warrants that, notwithstanding any other provision of this Agreement that may otherwise be interpreted to the contrary, you:
(i) will use the software provided by PDFTron (“Software”) only as an integral component of the Services, and for no other purpose whatsoever;
(ii) will not use the Software for development, compilation, debugging and similar design-time purposes;
(iii) will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Software or attempt to do any of the foregoing in relation to the object code of the Software; and
(iv) will not modify, adapt, translate or create any derivative works of the Software or merge the Software into any other software.
You hereby agree you will not use, copy, modify, or transfer the Software, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted by PDFTron. Your rights to use the Software are non-exclusive and non-assignable. Any attempted assignment in contravention of the foregoing shall be null and void ab initio.
Wunderite retains the exclusive ownership of all right, title, and interest in and to the software or service licensed to the Agency, including ownership of all the intellectual property rights and Confidential Information pertaining thereto.
Your obligations will remain in effect for as long as you continues to possess or use the Software, and such obligations will be for the benefit of PDFTron and will be enforceable by PDFTron as a third party beneficiary.
