PCMI END USER LICENSE AGREEMENT (“LICENSE”)
For PCRS – Policy Claim and Reporting Solutions™
IMPORTANT -- READ CAREFULLY: BY ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE OR ACCESS THE SOFTWARE.
The collection of software elements and documentation accompanying this License ("Software") are licensed, not sold, to you by PCMI Corporation (“PCMI”) for use only under the terms of this License, and any rights not expressly granted to you are reserved.
1. License. You are entitled to make use of the Software via Internet connection through a PCMI-supplied username and password combination. Any feedback, suggestions for modification or improvement you provide will become the sole and exclusive property of PCMI, whether incorporated into the Software or not.
2. Restrictions. You agree to limit your use of the Software to processing data related to the regular operation of one automobile dealer alone as it occurs at the location from which the Software is in use. You specifically agree not to process the data of other automobile dealers, even if there is shared ownership between the dealership at which the Software is in use and any other dealership or location.
You agree that the Software is proprietary to, and the property of, PCMI and waive any claim to the contrary. YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THERE OF. YOU MAY NOT TRANSFER OR ASSIGN ANY OR ALL OF YOUR RIGHTS UNDER THIS LICENSE TO ANOTHER PARTY. You likewise agree to refrain from lending, leasing, sublicensing or pledging the Software or using or allowing its use in a service bureau or other outsourced form of usage. You agree not to make use of any separate element of the Software outside the use of the Software as a whole. You may make one copy of the Software for backup purposes only. Any further duplication and reproduction are prohibited.
3. No Warranty. The Software is provided "AS IS" and PCMI and Premier Warranty Services LLC supply the same without warranty of any kind.
The Software provided under this Agreement contains portions of program code owned by third party licensors and such licensors will be entitled to enforce this License as an intended third party beneficiary and the obligations of the licensee cannot be modified or terminated without the written consent of such third party licensors. Licensee shall not disclose any passwords or other security information that are related to the Software. ALL LICENSORS DISCLAIM, EXCLUDE OR LIMIT TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING (WITHOUTLIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE OR ANY ASSURANCE OR SATISFACTION OF ERROR FREE OR UNINTERRUPTED USE OF THE SOFTWARE OR ASSURANCE AGAINST THE LOSS OF DATA) ARISING BY LAW OR CUSTOM.
4. Termination. This License is effective until terminated. This License may terminate automatically without notice if you fail to comply with any provision of this License. Upon termination you must destroy the Software, all accompanying written materials and all copies thereof. All provisions of this License which, by their nature, must survive termination or cancellation in order to be given their full effect, will survive any termination or cancellation of this License. The License granted herein will terminate immediately upon the breach of any material provision of such agreement you or any of your representatives or agents.
5. Indemnification. You agree to indemnify, defend and hold harmless PCMI, Premier Warranty Services LLC and their parent, affiliated and subsidiary entities and their agents, servants, and employees of and from any and all causes of actions of every kind and nature, regardless of cause. Your agreement to indemnify PCMI includes any and all third party claims as well as any first party claims that relate in any way to your use and/or operation of the Software. As a practical matter, this means that you are agreeing to waive any claim that you might have or gain access to in the future that relates to your use or operation of the Software, and you are agreeing to protect PCMI and Premier Warranty Services LLC from any lawsuit related to your use of the Software.
6. Limitation of Liability. PCMI AND PREMIER WARRANTY SERVICES LLC SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, LOSS OF REVENUE OR BUSINESS, LOSS OF GOODWILL OR ANY OTHER LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LICENSE, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Confidentiality. All information about PCMI and the Software shall be kept confidential. Confidential Information does not include information that: (a) is in the public domain when disclosed to you, (b) entered the public domain subsequent to a disclosure to you through no fault of you, (c) is in your possession free of any obligation of confidentiality when disclosed to you, (d) is rightfully communicated to you free of any obligation of any obligation of confidentiality after it was disclosed to you, or (e) is developed by you independent of and without reference to any of PCMI’s Confidential Information.
Confidential Information shall also include nonpublic personal information (“NPI”). NPI shall have the meaning provided under the Gramm-Leach-Bliley Act, as amended from time to time, and/or any other applicable law related to the disclosure of personal information. In the course of providing the services, you may receive nonpublic personal information ("NPI") about an automobile dealer's customers. You agree to maintain the confidentiality of the NPI and shall not, without the prior written consent of the customer, disclose, copy or use any NPI other than to carry out the services for which you were granted access to the data hereunder. For the absence of doubt, you agree that your use of NPI is limited to that use necessary to complete the sale or support transaction for which you obtained the data in the first instance, and not for any other purpose. You agree, at all times, to defend, indemnify and protect PCMI from any and all claims related to your use of and/or access to NPI through the Software. You also agree to maintain as private all information about customers and their transactions and adhere to and comply with the requirements all applicable laws related to NPI.
Each party will, at a minimum, implement and maintain appropriate administrative, technical, and physical safeguards reasonably designed to: (a) ensure against any anticipated threats or hazards to the security or integrity of the Customer Information; and (b) protect against unauthorized access to or use of the Customer Information that could result in substantial harm or inconvenience to the Qualified End User or the individual who is the subject of Customer Information.
Each party may disclose Customer Information, when required, and in compliance with all applicable federal or state laws, regulations or rules. These provisions shall apply during the term and after the termination of the End User License Agreement.
7. Other. By entering into this License through the use or operation of the Software, you are also expressing your consent to permit us to access data on your DMS system. Such access is in order for us to provide the services contracted for here under, and we will not use your data for any other purposes.
8. Fraud. Any person who knowingly, and with intent to defraud or deceive any insurance company includes false information in an application for insurance or files, assists, or abets in the filing of a fraudulent claim to obtain payment of a loss or other benefits, or files more than one claim for the same loss or damage, may be guilty of a felony. Upon conviction, that person will be fined between $5,000 and $10,000, imprisoned for three (3) years or both. Aggravating or attenuating circumstances may result in the prison term being increased to five (5) years or reduced to two (2) years.
9. Privacy. Please refer to Premier’s Privacy and Use of Customer Information Policy at https://www.premier.pr/terms-of-service for a description of Premier’s practices regarding the use and handling of our customers' personal information.
Revised 05/2025