ICBC End User License Agreement
By downloading or using this application, you agree that your use of the application, including any documentation, upgrades and updates (collectively, the "App"), is subject to the terms and conditions of this license agreement and you agree to be bound by them. This App is licensed to you and not sold.
License: Through downloading this App, the Insurance Corporation of British Columbia of 151 West Esplanade, North Vancouver, BC V7M 3H9, Canada ("ICBC") grants you, a non-exclusive, non-transferable, and limited license to install and use the App for your personal and non-commercial use on an iOS product that you own or control as permitted by and subject to the Usage Rules set forth in the Apple's App Store Terms of Service. Commercial use is strictly prohibited. This App and the content thereof may not be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, modified or distributed in any way, in whole or in part, without the express prior written permission of ICBC.
Parental Consent: You represent and warrant that you are of legal age of majority in the jurisdiction of your residence, and that you have the right and authority to enter into this license agreement. If you are under the age of majority, your parent or guardian must agree to the terms and conditions of this license agreement for your download and use of this App.
Term: The term of this license agreement commences on the date that you download this App and ends when you permanently delete the App or when ICBC terminates the licence, whichever occurs earlier. If ICBC terminates this licence, you must permanently delete all copies of this App in your possession or control. This term will survive termination of this license agreement.
Reservation of Rights: All of the content contained on this App, including but not limited to information, text, logos, graphics, pictures, images, software, icons and other elements, is owned exclusively by ICBC or, as applicable, ICBC's suppliers, licensors and partners, and are protected under the intellectual property laws of Canada and other countries and by international treaties. All rights are reserved. You may not remove, modify or obscure any intellectual property notices in the App. Unauthorized use of any content owned by ICBC or others and displayed or contained in this App, is strictly prohibited.
Trademarks: ICBC's trademarks, including but not limited to AUTOPLAN, ICBC, BUILDING TRUST. DRIVING CONFIDENCE and many others are valuable assets of ICBC and any unauthorized use or infringement of the associated rights is taken very seriously by ICBC. All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs and other designations (collectively, "Trademarks") contained within this App are registered and unregistered trademarks or official marks of ICBC and, as applicable, other parties. Trademarks may not be used in any way, including in advertising, without ICBC or the applicable right holder's prior written permission. Nothing contained on this App should be construed as granting, by implication, estoppel, or otherwise, any licence or permission or other right to use any Trademark displayed on this App without the written permission of ICBC or the applicable right holder.
Privacy: ICBC reserves the right to track, collect, use, store and transmit your activity inside of the App on an anonymous basis. ICBC will not collect any personally identifiable information about you. ICBC will use such tracking information to consider and make modifications and enhancements to the App. Protection of your personal information is very important to ICBC. Here's a link to ICBC's Privacy Statement.
Equipment and Internet Access: You are responsible for providing your own computer or mobile device, internet connection and other necessary products and services to facilitate your download and use of the App. Your telecommunications service provider may charge you fees for data, messaging and other wireless services. ICBC does not guarantee that this App is available for download in all geographic locations or that all components of the App will be accessible at all times.
Viruses and Malware: You agree that ICBC has no responsibility or liability for any damages to or viruses and malware that may infect your computer, mobile phone or other property as a result of your use of this App.
Links: There may be hyperlinks to websites on this App, and these linked sites which are not under the control of ICBC should not in any manner be construed as having any affiliation with or endorsement, representation or warranty by ICBC of such website or entity or its respective products, services, information, materials, opinions or links to such websites, unless specifically and expressly stated. ICBC does not review or monitor such websites and is not responsible or liable for the content or accuracy thereof. The reproduction and use of and reliance upon of any content linked to such websites is completely at your own risk and is subject to the conditions that the respective website owners may impose. You are encouraged and advised to review the posted terms and conditions and privacy policies of all websites you visit.
Third Party Apps: The App has the functionality to launch and/or interact with third party applications on your mobile device. Your use of such third party applications is subject to and must be in compliance with the respective terms and conditions of those applications.
Disclaimer: You acknowledge that a component of this App is only a practice knowledge test for driver licensing, and that your success on such test on the App is not a guarantee that you will be successful on the actual driver knowledge test. This term will survive termination of this license agreement.
No warranty: TO THE FULL EXTENT OF APPLICABLE LAW, This App is provided to you "AS IS" without warranty, performance assurances or guarantees of any kind, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ICBC DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE APP WILL BE UNINTERRUPTED, OR BE ERROR FREE OR THAT ICBC WILL CORRECT ALL SOFTWARE ERRORS. This term will survive termination of this license agreement.
Limitation of Liability: FOR ALL EVENTS AND CIRCUMSTANCES, ICBC AND ITS LICENSORS' AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT TO EXCEED THE AMOUNT THAT YOU PAID TO ICBC UNDER THIS LICENSE AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE AGREEMENT, IN NO EVENT WILL ICBC, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF ICBC, ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This term will survive termination of this license agreement.
Governing Law and Jurisdiction: By accessing this App, you agree to be bound by the laws of British Columbia and Canada as applicable, which laws will govern this license agreement and apply to any and all issues regarding the App. Any action relating to this license agreement or use of this App, and our Privacy Statement, shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia. This term will survive termination of this license agreement.
Severability: If any provision of this license agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this license agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this license agreement would fail in its essential purpose.
Contact: If you have any questions or comments about this App, send ICBC an e-mail message to email@example.com
Legal Compliance: You represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Maintenance: This license agreement does not entitle you to receive from ICBC any hard-copy documentation, support, telephone assistance, enhancements, upgrades or updates to the App. You agree that Apple, Inc. and its affiliates (collectively, "Apple") has no obligation to whatsoever to furnish any maintenance and support services with respect to the App.
No Apple Liability: Apple shall not be responsible for any claims by you or any third party relating to your possession and/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; (iii) claims arising under the consumer protection or similar legislation; and (iv) any intellectual property rights infringement claims by you or a third party regarding the App and/or your possession and use of the App. This term will survive termination of this license agreement.
Third Party Beneficiary: You agree that Apple and Apple's subsidiaries, are third party beneficiaries of this license agreement and that, upon your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this license agreement against you as a third party beneficiary thereof.
Complete Agreement: This license agreement constitutes the entire agreement between you and ICBC with respect to the App and supercedes all prior or contemporaneous understandings regarding such such matter. No amendment to or modification of this license agreement will be binding unless made in writing and signed by ICBC.