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CorVel Enterprise Comp Inc 6/21/2018
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CorVel Enterprise Comp Inc 6/21/2018
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Last modified
6/26/2018 9:10:20 AM
Creation date
6/26/2018 9:10:13 AM
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Contracts
Contractor's Name
CorVel Enterprise Comp Inc
Approval Date
6/21/2018
Council Approval Date
5/23/2018
Department
Purchasing
Department Project Manager
Theresa Bauccio
Subject / Project Title
Workers Comp Third Party Claims Admin
Tracking Number
0001300
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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EXHIBIT A <br /> My Care Smartphone Claims App Attachment <br /> End User License Agreement <br /> Such access shall provide Customer's claimants an opportunity to review the current status <br /> of their individual claim. For access by Customer claimant, such Customer claimant will <br /> be required to have a smartphone including but not limited to an Apple iOS 7.0+ <br /> smartphone or Android 4.0+ smartphone or other smartphone device with such access <br /> capabilities. Customer acknowledges the terms of Attachment A hereunder which shall be <br /> a part of the My Care App and which the End User("Claimant") shall be responsible for. <br /> The My Care App is at no costs to Customer or End User sfor these Services. <br /> Terms are non-negotiable as these are part of the Smart Phone App <br /> PLEASE READ THIS LICENSE AGREEMENT BEFORE USING THE APP.USE OF THE APP INDICATES END <br /> USER'S ACCEPTANCE OF THIS END USER LICENSE AGREEMENT.IF END USER DOES NOT AGREE WITH <br /> THE TERMS,END USER SHOULD NOT USE THE APP. <br /> 1.License Grant;License Restrictions. Either of CorVel Enterprise Comp,Inc.or CorVel Healthcare Corporation,as <br /> applicable,("CorVel")provides the mobile software application program and user manual(s)or help files contained therein, <br /> and any modifications,updates,revisions,or enhancements thereto received by End User from CorVel(collectively,the <br /> "App"),and licenses its use solely pursuant to the terms stated below: <br /> a. End User is granted a nontransferable license to use the App under the terms stated in this Agreement for personal use. <br /> End User may not use the App for commercial purposes. Title and ownership of the App and of the copyright in the App <br /> remains with CorVel; <br /> b. The App may be used by End User on a single mobile device,which End User owns or uses and for which the App is <br /> designed to operate; <br /> c. End User may not make copies,translations,or modifications of or to the App.End User may not alter,obscure,or <br /> remove the copyright notice on any copy of the App; <br /> d. End User may not assign,sell,distribute,lease,rent,sublicense,or transfer the App or this license or disclose the App <br /> to any other person.End User may not reverse-engineer,disassemble,or decompile the App or otherwise attempt to <br /> discover the source code or structural framework of the App;and <br /> e. CorVel may terminate this Agreement and the license granted hereunder at any time. This Agreement and the license <br /> granted hereunder automatically terminates if End User fails to comply with any provision of this Agreement.End User <br /> agrees upon termination to:(i)cease using the App and providing or accessing any data or information by or through the <br /> App,and(ii)destroy the App,together with all copies,modifications,and merged portions in any form,including any copy <br /> on End User's mobile device or on any computer. <br /> 2.Limited Warranty.The App is provided"AS IS"and with all faults. NO WARRANTIES ARE EXPRESSED AND <br /> NONE SHALL BE IMPLIED.CORVEL SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES OF <br /> MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,AND NONINFRINGEMENT.CORVEL DOES <br /> NOT WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. <br /> 3.Maintenance&Support. The App is maintained by CorVel or its subcontractors. From time to time,CorVel may <br /> provide modifications,updates,revisions,or enhancements,all of which are offered pursuant to the terms and conditions of <br /> this Agreement. CorVel does not provide support to End Users. All support requests should be directed at End User's <br /> employer or other person responsible to manage End User's claims and not at CorVel. <br /> 4.Consent to use Data. All data or information submitted by End User through the App shall be used by CorVel in <br /> accordance with CorVel's Privacy Policy posted at:http://www.corvel.com/privacy-policy/ <br /> 5.Limitations of Liability(End User).IN NO EVENT WILL CORVEL'S LIABILITY FOR ACTUAL DIRECT <br /> DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE APP EXCEED$100. <br /> IN NO EVENT WILL CORVEL BE LIABLE FOR ANY LOST PROFITS,SALES,BUSINESS,DATA,COSTS OF <br /> PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY INDIRECT,SPECIAL,INCIDENTAL,OR <br /> City of Everett WA CareMC License Agreement with My Care App 6-1-18 <br />
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