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ATLAS Mobile Application End-User License Agreement

 

Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the ATLAS mobile application (“Mobile App”). This EULA governs your use of the Mobile App, which will allow you to access the ATLAS Employee Self Service module (the “Subscription Service”) directly from your mobile device. Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “ATLAS Software License Agreement”); to the extent it conflicts with this EULA, the terms of this EULA will apply. Your use of the Mobile App indicates your consent to this EULA.

 

1. License.  Emerald City Software, LLC (ECS) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Mobile App for your personal and internal business purposes strictly in accordance with this EULA and the Subscription Agreement subject to your organization’s (Minnesota Department of Human Services) annual payment for subscription services.

 

2. Your Account. Your use of the Mobile App requires that you have the necessary ATLAS Enterprise Workforce Management licenses with ECS, are current with ATLAS Enterprise Workforce Management maintenance payments and agree to the terms of the ATLAS License Agreement and this EULA.

 

3. Changes to this EULA. ECS reserves the right to modify this EULA. ECS will post the most current version of this EULA at https://www.atlas-ecs.com/atlas-mobile-eula. If ECS makes material changes to this EULA, we will notify you via the Mobile App. Your continued use of the Mobile App after ECS publishes notice of changes to this EULA indicates your consent to the updated terms.

 

4. No Included Maintenance and Support. ECS may deploy changes, updates or enhancements to the Mobile App at any time. ECS may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to you and may terminate such services at the end of the paid subscription period. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance and/or support services in connection with the Mobile App.

 

5. Acceptable Use. You agree that you will not use or encourage others to use the Mobile App in a way that could harm or impair others’ use of the Mobile App. Your use of the Subscription Service and the Mobile App is governed by the Acceptable Use Policy (a current version of which can be found at (https://www.atlas-ecs.com/acceptable-use-policy).  

 

6. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. OTHER THAN ANY WARRANTIES MADE IN THE AGREEMENT BETWEEN EMERALD CITY SOFTWARE, LLC AND THE STATE OF MINNESOTA, DEPARTMENT OF HUMAN SERVICES (IDENTIFIED AS PTK-124090) THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

6.1      iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COST, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.  

 

6.2      Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

7. Suspension and Termination of the Mobile App. ECS reserves the right to suspend or terminate your access to the Mobile App at any time based on non payment of your account under the Subscription Agreement. You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored within the Subscription Service.

 

8.  Intellectual Property Rights. In the event of a third-party claim that the Mobile App, or your possession and use of the Mobile App, infringes third party’s intellectual property rights, ECS, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

9. Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

10. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing your ATLAS Software License Agreement.

 

11. Third Party Beneficiaries. Upon your acceptance of this EULA, Apple (for iOS Mobile Apps) and Google (for Google Mobile Apps), respectively, will have the right to enforce this EULA against you as a third-party beneficiary thereof.

 

 

 

 

 

ATLAS Mobile Application Acceptable Use Policy

 

This Acceptable Use Policy (“AUP”) governs use of Emerald City Software’s (ECS) mobile applications, and the services available through them (the “Services”). ECS reserves the right to modify or update this AUP from time to time. “You” and “Your” mean the “Customer” entities or individuals authorized to access and use the Services under an agreement with ECS, and any users granted such access and use rights by Customer entities or individuals.

 

You agree not to:

  • Interfere or attempt to interfere in any manner with the functionality or proper working of the Services.

  • Breach or otherwise bypass any security or authentication measures of the Services.

  • Transmit viruses, malware, any other malicious or destructive code, or other prohibited items, into the Services. Prohibited items include: any routine, device, or other undisclosed feature (e.g. so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door or software routine) that is either (1) designed to delete, disable, deactivate, interfere with, or otherwise harm any software, program, data, device, system, or service; or (2) intended to provide unauthorized access or produce unauthorized modifications.

  • Distribute content that harms or interferes with the operation of any Minnesota DHS or third-party networks, servers or other infrastructure.

  • Use any robot, spider, data scraping or extraction tool, or similar mechanism in the Services.

  • Use the Services for phishing scams.

  • Access or use portions of the Services that ECS has not authorized You to access or use.

  • Reverse engineer, decompile, disassemble, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of, the Services, ECS work product, and the technology and software used to provide them, and all intellectual property and proprietary rights therein.

 

You agree that you will not use the Services to:

  • Commit or encourage fraudulent or illegal activities in violation of any applicable laws, rules, or regulations (including those related to child pornography, gambling or piracy).

  • Use, store, share, host, copy, distribute, display, publish, transmit or send objectionable content. Objectionable content includes content that is or could be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others.

  • Distribute unwanted, unsolicited, or harassing mass email or transmit unwanted promotional or commercial content (i.e. spam).

  • Infringe or misappropriate any ECS or third-party copyright, trademark, or other intellectual property, proprietary right, license right, or legal content protection.

  • Mislead or confuse others by alleging to be someone else or alleging to represent an organization You do not represent.

  • Distribute others’ personal and confidential information without their permission.

Children

By using the Services, you represent and warrant that you are at least eighteen years old.

The Children’s Online Privacy Protection Act of 1998 (COPPA) and other laws protect the privacy of minors. ECS abides by all federal and state laws and guidelines regarding youth privacy. The Services are not intended for use by individuals under the age of eighteen.

HIPAA

Under Health Information Portability and Accountability Act, certain information about a person’s health or health care services is classified as Protected Health Information (PHI). Unless you have signed a Business Associate Agreement with ECS, you may not submit and store PHI in the Services. The HIPAA Implementation Guide provides information on features and security controls that can be employed to ensure HIPAA-compliance. Contact your account representative with questions about storing PHI in ATLAS.

Restricted Countries

You are prohibited from using the Services (a) 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; or (b) listed on any U.S. Government list of prohibited or restricted parties.

Reporting Abuse

If you encounter content that you believe violates this policy, please report it to Minnesota DHS, Jay Brunner, Director, Compliance and Contracting. ECS reserves the right, but does not assume the obligation, to investigate any violation of this AUP or misuse of the Services.

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