This is a summary of the End User License Terms (“Terms”) that govern your use of the MICHIGAN Secure App (“App”). The headings in this summary each correspond to a section of the Terms, which is the contract that governs your use of the MICHIGAN Secure App.
THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY. These End User License Terms (“Terms”) govern your access to and use of the MICHIGAN Secure Application (the “App”), which is owned by Zimperium, Inc. (“Zimperium,” “our,” “we,” or “us”).
Unless you are acting on behalf of a company or other organization, “you” and “your” refer to you, the person downloading and installing the App. If you are acting on behalf of a company or other organization, then you represent and warrant that you are authorized to legally bind that company or other organization to these Terms, and all further use of “you” and “your” in this document will refer to that company or organization. By clicking “Accept” and installing the App, you are indicating that you understand and agree to abide by these Terms. Your use of and access to the App are conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In addition, we are unwilling to license the App to you, and you must delete all copies of the App that you may have installed or stored on your mobile device or elsewhere if any of the following apply to you:
The App is intended for download in the State of Michigan only. Zimperium does not accept any responsibility to you if you fail to meet this requirement.
Subject to your compliance with these Terms, we grant to you at no cost, non-exclusive, non-transferable license to: (i) install one copy of the App on each of your compatible mobile devices (each, an “Authorized Device”); and (ii) use the App on each Authorized Device, and access and use the App on your Authorized Device solely for your own personal or internal business. The App is intended to be used only in accordance with the Agreement and only to evaluate, manage, and protect the security of your mobile devices. We may suspend or terminate your rights as set forth in these Terms.
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(a) |
Any other use of the App is strictly prohibited. Prohibited uses include (without limitation) using the App to attack, probe, assess the security of, or interfere with any third party’s network, device or other target without that third party’s express, informed authorization. You may not disclose any vulnerability discovered, reproduced, or confirmed through the use of the App except in accordance with industry accepted vulnerability disclosure practices. |
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(b) |
You may not, and you agree not to: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App; (iv) make the functionality of the App available to multiple users through any means; (v) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or the applicable documentation; (vi) access or use any areas of the App for which we have not granted you authorization, or tamper or interfere with our computer systems or the technical delivery systems of our providers; (vii) gather or use information, such as other users’ names, real names, or email addresses, through the App to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (viii) encourage or enable anyone to do any of the foregoing; or (ix) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing in the App. |
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(c) |
You agree not to use the App in any way that will cause you to be in breach of your contractual obligations to a third party, such as a cellular carrier. |
Depending on the plan you have purchased from your carrier, messaging, data, and other rates and charges may apply to your use and possession of the App. You are solely responsible for your use of the App and any resulting rates and charges. You understand that the App may not work with your device or carrier.
Your rights with respect to the App are limited to those expressly granted in these Terms. Zimperium and its licensors and suppliers reserve sole and exclusive ownership of the App and all copyrights, patents, trademarks, and other intellectual property rights therein.
The App may change from time to time. For example, we may push updates to your Authorized Device or modify our user interface. We may also terminate or suspend any features of the App, possibly without prior notice to you.
Zimperium has no App maintenance or technical support obligations under these Terms. Please consult your device manufacturer for instructions on how to install or uninstall an App. If you have other questions, you may contact the State of Michigan by referring to the website located at https://www.michigan.gov/MichiganSecureApp.
We care about your privacy. Zimperium collects and uses your data only as described in the Privacy Policy which appears below. You represent that you have read, understand, and agree to the Privacy Policy.
We may terminate or suspend Your rights to use and possess the App for any reason. If you breach any of these Terms, or we inform you that your license is terminated, your rights with respect to the App will automatically terminate. You agree to promptly and permanently delete all copies of the App that are on the Authorized Device(s) or otherwise in your possession or control. In addition to any other provisions that should, by their nature, survive the termination or expiration of these Terms, Sections 3, 4, 11, 12, 13, 14, and 16 will survive any expiration or termination of these Terms.
You acknowledge that improper use of the App could significantly harm your network and/or devices, and you assume all risks associated with your use. You understand and agree that the App is provided to you “AS IS” and on an “AS AVAILABLE” basis. Your use of the App is at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App meets your requirements, is free of viruses or other harmful components, will detect or prevent all security threats or vulnerabilities, or be available on an uninterrupted, secure, or error-free basis.
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(a) |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY FOR ANY PROBLEM WITH THE APP IS TO DISCONTINUE USING AND UNINSTALL THE APP, AND IN NO EVENT WILL WE, OR OUR LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY TO YOU FOR ANY CLAIM OR LOSS RELATING TO THE APP, INCLUDING UNDER ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WHATSOEVER. WHERE THE LAW PERMITS LIABILITY TO BE LIMITED, BUT NOT FULLY EXCLUDED, THE TOTAL AGGREGATE LIABILITY OF ALL PARTIES WILL BE LIMITED TO EITHER FIFTY AND 00/100 DOLLARS ($50.00) OR THE MINIMUM AMOUNT OF LIABILITY PERMITTED UNDER THE LAW, IF THE MINIMUM IS HIGHER. |
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(b) |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR COSTS OF SUBSTITUTE GOODS OR SERVICES, OR FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING IN ANY WAY OUT OF THESE TERMS OR RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. |
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(c) |
YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO BACKUP ALL CONTENT ON YOUR DEVICE BEFORE INSTALLING THE APP AND TO IMPLEMENT BACKUP PLANS AND USE OTHER SAFEGUARDS THAT ARE APPROPRIATE FOR YOUR DEVICE AND CONTENT. |
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(a) |
You acknowledge that you have read, understood, and agree to the following regarding the State of Michigan (“State”). The App is licensed to you by Zimperium in fulfillment of Zimperium’s contractual obligations to the State. Zimperium is not an agency, office, department, or affiliate of the State. The State is third party beneficiary of these Terms. As a third-party beneficiary, the State may enforce these Terms against you as if it were a party to them. To the maximum extent permitted by applicable law: (i) the State disclaims all warranties, whether express or implied, relating to the possession, installation, use, or support of the App; and (ii) the State will have no liability to you for any claim, liability, loss, damages, costs, or expenses in connection with the App or any use or possession of the App, including for any damages, costs, settlements, judgments, expenses, or liabilities arising from any third-party claim that your use or possession of the App infringes on the third party’s copyright, patent, or other intellectual property rights. |
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(b) |
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device you acknowledge that you have read, understood, and agree to the following regarding Apple. These Terms are between you and Zimperium only. Apple is not responsible for the App or its content. Zimperium is responsible for providing maintenance and support services for the App only as provided above in Section 8 (Maintenance and Support). Apple has no obligation to furnish maintenance or support services for the App. To the maximum extent permitted by applicable law, Apple has no liability for the failure of the App to comply with any warranty, except that if you notify Apple of the issue, Apple will provide you with a refund of the purchase price that you paid, if any, for the App. Apple is not responsible for addressing any claims relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. You will only use the App as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. |
These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without regard to or application of conflict of laws rules or principles. The parties to these Terms irrevocably consent to the jurisdiction of, and venue in, the state or federal courts located in Ingham County, Michigan for any disputes arising under these Terms. EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY.
All questions, complaints, and claims regarding the App should be directed to the State of Michigan by referring to the website located at https://www.michigan.gov/MichiganSecureApp.
If the English language version of these User Terms or the privacy policy conflicts with a translation of either into another language, the English text will control. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You may not assign, delegate or transfer these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so will be void. We may assign these Terms without your consent. Except as provided above in Section 14, there are no third-party beneficiaries to these Terms. You agree to comply fully with all relevant export laws and regulations of the United States and other applicable jurisdictions to ensure that the App is not: (i) downloaded or otherwise exported or re-exported directly or indirectly in violation of such export laws and regulations; or (ii) used for any purposes prohibited by the such export laws and regulations, including but not limited to nuclear, chemical, or biological weapons proliferation. These Terms constitute the entire agreement between you and Zimperium regarding the App, and they supersede and replace any prior agreements and understandings between you and Zimperium regarding the App.
