Publix Employees Federal Credit Union  (“PEFCU” or “Licensor” respectively) is the creator and owner of all rights in PEFCUOnline, an online banking application.   PEFCU is making the Application available to you pursuant to the terms of these Beta Terms and Conditions (this “Agreement”). This Agreement governs your access and use of the Application, and all code available through the Application. “You” or “Your” means a user of the Application, or as the parent or guardian of any minor whom you allow access to the Application.

THIS IS AN AGREEMENT FOR THE USE OF A BETA MEMBER, AND AS SUCH PEFCU DISCLAIMS ALL WARRANTIES IN RESPECT OF THE APPLICATION AND LIABILITY FOR USE OF THE APPLICATION.

1. Use of Application. During the term of this Agreement and subject to your compliance with the terms and conditions hereof, PEFCU grants you a non-exclusive, non-transferable, non-sublicensable license to use the Application on various device types such as an Android device, iOS mobile, and a personal computer for your beta member purposes.  You may use the Application only during the limited time designated for this Beta Member trial period.  

2. Ownership; Restrictions. The Application and all worldwide intellectual property rights subsisting therein are the exclusive property of PEFCU.  PEFCU reserves all rights in and to the Application, and nothing herein shall be interpreted to grant any implied license to the foregoing except as expressly set forth herein. You shall not, nor shall you allow any third party to:  (a) modify or create derivative works from the Application; (b)  transfer, distribute, sublicense, lease, rent, loan or act as a service provider using the Application; (d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Application; (e) circumvent any security or access control mechanism of the Application or (f) remove, obscure or alter PEFCU’s copyright notices, trademarks or other proprietary rights notices affixed to or contained within the Application.

3. Ownership of Code. PEFCU has all right, title and interest in, or the right to use, all code or other material comprising the Application. PEFCU hereby grants you a license to use all such created code and other materials for the purposes of conducting the Beta Member trial period.

4. Feedback. You understand that PEFCU is providing access to the Application on an evaluation basis, with the expectation of receiving feedback from you on the usage and effectiveness of the Application. PEFCU shall have the right to use the feedback in any manner and or any purpose, all without notice to, payment of or consent from you.

5. Data. PEFCU may use analytics or similar tools to collect information concerning your use of the Application, including certain technical information concerning your device or operating system and will also collect registration information that you provide (all of the foregoing, “Data”). Except as provided hereunder, PEFCU will not provide Data to any other third party. PEFCU may use Data for internal research and development purposes, such as improving the Application.  In addition, PEFCU may aggregate such data across a number of users and /or platforms and use such Data to create marketing and promotional materials. PEFCU may disclose Data as required by law or pursuant to a bona fide law enforcement investigation. 

6. Personal Information. The term “Personal Information” in this Agreement refers to personally identifiable information of individual registrants of the Application. General references to “information” apply to all users.    We receive and store information you knowingly enter in our information requests and in the Application, whether via mobile phone, other wireless device, or that you provide to us in any other way. This information may include, without limitation, Personal Information such as your name, user name, email address, phone number, and location.  The Personal Information you provide is used for such purposes as responding to your requests for certain information and services, customizing your experience, and communicating with you about the Application.  

7. Termination. The term of this Agreement commences on the day that you accept its terms and continues until the earlier between: (1) termination of the Beta Member trial period, or (2) delivery to you of notice of termination of the Beta Member trial period by PEFCU. Either party may terminate this Agreement at any time and for any reason by prior written notice to the other party.  Licensor may terminate this Application with written notice if you have (or the institution providing you access to the Application has) breached this Agreement. Upon termination of this Agreement, you shall cease all use of the Application. Upon termination you may lose all access to any programs you have created.

8. Disclaimers. You acknowledge and agrees that the Application is a pre-release version, does not represent final product from PEFCU, and may contain bugs, errors and other problems that could cause system failures and other damages to your mobile device or tablet. Consequently, the Application is provided “AS IS”. PEFCU HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO THE APPLICATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PEFCU does not guarantee that it will make a commercial release of a version of the Application available. PEFCU may modify the Application or any functionality included in the Application at any time. You must ensure that your program operates as desired. 

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL CREDIT UNION BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF ELECTRONIC RECORDS, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF CREDIT UNION HAS BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON CREDIT UNION, CREDIT UNION’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ELECTRONIC RECORDS. THE FOREGOING SHALL CONSTITUTE CREDIT UNION’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.  Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction. 

10. Miscellaneous. This Agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all other agreements, understandings and communications, whether written or oral. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. PEFCU may provide you with notices by providing you with email to the email address with which you registered to obtain access to the Application. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be interpreted to give maximum effect to its terms as possible under law, and the remaining provisions hereof shall be unaffected and continue in full force and effect. Licensee may not assign or delegate, directly or indirectly, any of its right or obligations under this Agreement without the prior written consent of Licensor, and any attempt to do so will be void and of no effect. Notwithstanding the foregoing, PEFCU shall be entitled to seek equitable relief in any court of competent jurisdiction to prevent any threatened or ongoing breach of this Agreement.