Marine Merlin© User Agreement
This
is a contract. By using this software, you accept all the terms and conditions
of this agreement. The Software, referred to as Merlin© or Marine Merlin©, is owned by Avalon Risk Management, Inc. and is protected by copyright
law. Absent express written amendments to this agreement, your rights to use
this software are as follows:
I. DISCLAIMER
Avalon
Risk Management, Inc. assumes no liability in connection with the use of this
software. Use of the software constitutes acceptance of these terms. The
software is provided as is and without warranty of any kind. The person or
company using the software assumes the entire risk, including results and
performance of the software. Avalon Risk Management, Inc. disclaims all warranties,
either express or implied, including but not limited to warranties of
merchantability and fitness for a particular purpose. In no event shall Avalon
Risk Management, Inc. be liable for any direct, consequential, indirect,
incidental, or special damages whatsoever, including without limitation,
damages for loss of business profits, business interruption, computer viruses, loss
of business information, and the like, arising out of the use of, or inability
to use, this software even where Avalon Risk Management, Inc. has been advised
of the possibility of such damages.
II.
General Terms regarding the installation and use of Marine Merlin©
A. Users authorized by Avalon may:
1. Access this software using an internet web browser (Microsoft Internet Explorer© 5.5 or better is recommended); and,
2. Laser print one original certificate of
insurance for each transaction properly insured using this software.
Microsoft Internet Explorer is a registered
trademark of the Microsoft Corporation
B. You may not:
1. Allow unauthorized users to access this software with or without
another user’s ID and password;
2. Sublicense,
rent or lease any portion of the software;
3. Reverse
engineer, decompile, disassemble, modify, translate nor make any attempt to
discover the source code of the software, or create derivative works from the
software;
4. Create any link, or deep link, to any web page related to this
software with the exception of the main login screen;
5. Share access, including but not limited to User ID and Password
information, or any other information about this software with anyone other
than Avalon or other authorized users within your organization; or,
6. Attempt
to change or modify the rates, insuring terms or any other limits or conditions
extended to you by the software.
C. In the event of a discrepancy, your
insurance company’s policy terms and conditions will apply.
III.
Terms of Use of Merlin Software and other obligations for generation of Cargo
insurance certificates
A. This software may only be used by Avalon’s customers (including
their respective authorized employees) and is only permitted inside the scope
of any and all existing underwriting requirements and contractual obligations,
which include, but are not limited to:
1. Underwriting authority and overall adherence to
your insurance company’s policy terms and conditions as designated apart from
this license;
2. Your insurance company’s policy regarding the use
and issuance of insurance certificates;
2. Terms and conditions for payment of premiums;
3. Reporting and accounting of insured transactions;
and,
4. Any other requirements as may be made from time
to time.
B. While this software may be used for cargo insurance certificate
generation, transmission and maintenance of special quote information, this
license agreement is in no way intended to amend, modify, or revoke any
obligations between you, Avalon or your insurance company as respects your
duties and obligations under your open cargo policy. Any and all such
obligations exist independently and survive termination of the customer client
relationship, as do the terms of this licensing agreement.
C. Any
and all rights to use this software expire upon either the termination of the
customer/client relationship or upon notice and such termination may occur for
any or no reason at all.
III. Other
Software
Should Marine Merlin© require the installation of software provided by
third parties, other restrictions governing the use and grant of license may
apply.
IV. Governing
Law
The laws governing this license agreement shall be
the laws of the State of