Transamerica Application License Agreement
PLEASE READ THIS APPLICATION LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLICATION. ANY INSTALLATION AND/OR USE OF THE APPLICATION ON THIS DEVICE OR ON ANY OTHER DEVICE IS SUBJECT TO THE TERMS OF THIS LICENSE, UNLESS ACCOMPANIED BY A SEPARATE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLICATION.
The Transamerica software, and any third-party software, documentation, interfaces, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the "Application") are licensed, not sold, to you by Transamerica Life Insurance Company, Transamerica Premier Life Insurance Company and Transamerica Financial Life Insurance Company (collectively "Transamerica") for use only under the terms of this License. Transamerica and/or Transamerica's licensors retain ownership of the Application itself, and reserve all rights not expressly granted to you. This "Application" shall further refer to and consist of the following: (i) the mobile software application accompanying this License, including, without limitation, any software code, scripts, graphics, text, documentation and other components; and (ii) any updates, modifications or enhancements to the items listed in subsection (i).
General
By accessing and using the Application, you are accepting and agreeing to be bound by and comply with this License. Your acknowledgement of acceptance below also serves as your electronic signature consenting to your use of the Application in accordance with the terms of this License. If you do not agree to this License, stop accessing or using the Application immediately.
Transamerica, at its discretion, may make available future upgrades or updates to the Application for your compatible mobile device (“Device”). The Application upgrades and updates, if any, may not necessarily include all existing features or new features that Transamerica releases for newer or different models of Devices. The terms of this License will govern any upgrades or updates provided by Transamerica to the original Application product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update. The License may be modified and/or amended from time to time, without prior notice. The modified and/or amended License shall automatically become effective immediately after your use of the Application. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date in which the modified and/or amended terms of the Application’s License are made available to you.
Use of the Application/Restrictions
Transamerica hereby grants, and you hereby accept, a limited, nonexclusive and nontransferable license to install and use the Application on any compatible Device that you own or control in accordance with the terms of this License, or until this License is terminated as provided for herein. For purposes of this License, the term "use" includes using any documentation files accompanying the Application ("Documentation") on a Device provided that (i) the Application is NOT modified; (ii) all copyright notices are maintained on the Application; and (iii) you and all parties using the Application agree to be bound by the terms of this License. You agree to utilize the Application for the sole purpose of marketing and selling Transamerica’s insurance products and services. The Application is for your sole use and shall be used only for the purpose set forth in this License. You shall treat the Application, and updates and corrections, if any, as confidential and proprietary, and shall protect it in the same manner that it protects the confidentiality of its own information. While this License is in effect, or while you have custody and/or possession of the Application, you will not:
You agree to use the Application in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Application. You also agree to notify Transamerica immediately if you obtain information as to any unauthorized possession, use or disclosure of the Application by any person or entity, and further agree to fully cooperate with Transamerica in protecting Transamerica's proprietary rights in the Application. You agree to test the Application to insure its acceptability for your purpose prior to use. If you are unsatisfied with the Application, you agree to uninstall the Application from your Device(s) immediately. Transamerica is under no obligation to update or correct defects or errors in the Application. Transamerica does not guarantee or ensure the accuracy, completeness, currency or authenticity of the Application’s content or functionality, or transmission of any content from the Application to you. You acknowledge and agree that Transamerica may change, limit, or cease providing access to the Application without notice or liability to you.
Transamerica provides the Application for informational purposes only. This Application does not, and it is not intended to, provide any financial, investment, retirement planning, insurance, legal, accounting, medical, or tax advice. The Application should not be used or relied upon by you as a substitute for your independent research or advice. Nothing in the Application constitutes an offer to sell or a solicitation of an offer to buy any security or any investment or insurance product or service. All products and services are subject to the terms and conditions of their applicable agreements and contracts. Your use of the Application shall be on an "as is" basis entirely at your risk. Past performance is not an indicator of future returns and references to performance on the Application, if any, are provided as historical benchmarks only.
Consent to Use of Diagnostic and Usage Data
You agree that Transamerica and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your Device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Transamerica’s products and services, facilitate the provision of updates, product support and other services to you (if any) related to the Application and to verify compliance with the terms of this License. To enable Transamerica’s partners and third party developers to improve their software, hardware and services designed for use with Transamerica products, Transamerica may also provide any such partner or third-party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
Privacy Policy/Terms of Use
Your use of the Application, in addition to being subject to this License, is subject to Transamerica.com’s Terms of Use and Online Privacy Statement which can be found at www.Transamerica.com,
Term
This License shall continue until the earlier of:
In the event of termination of this License, Transamerica shall have the right to take immediate possession of the Application without demand or notice. Within five (5) days of termination, you will uninstall the Application from all Devices on which it is installed, and if requested by Transamerica, certify in writing that all copies have been uninstalled. Termination of this License shall not relieve you of your obligations under this License.
Disclaimer of Warranties/Limitation of Liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLICATION AS WELL AS ANY CONTENT DISPLAYED BY OR ACCESSED THROUGH THE APPLICATION (COLLECTIVELY “APPLICATION” FOR PURPOSES OF THIS SECTION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRANSAMERICA AND TRANSAMERICA'S LICENSORS (COLLECTIVELY REFERRED TO AS "TRANSAMERICA" FOR THE PURPOSES OF THIS SECTION) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
TRANSAMERICA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED, OR THAT THE APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THIS APPLICATION MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS TRANSAMERICA PRODUCTS AND SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRANSAMERICA OR A TRANSAMERICA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY FOR THIS APPLICATION. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSAMERICA, OR THEIR AFFILIATED COMPANIES, OR ANY OFFICER, DIRECT, OR EMPLOYEE THEREOF, NOR ANY PERSON ASSOCIATED WITH THE CREATION OF THIS APPLICATION OR ITS CONTENTS, BE LIABLE OR RESPONSIBLE TO ANY PERSON FOR ANY HARM, PERSONAL INJURY, LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, THIRD PARTY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION OR ANY THIRD-PARTY SOFTWARE OR OTHER APPLICATIONS IN CONJUNCTION WITH THIS APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TRANSAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Transamerica's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnity
You will indemnify and hold Transamerica, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of this License, including any use of the Application other than as expressly authorized herein. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify the Indemnified Parties against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Application in a manner inconsistent with this License, contrary to local law and/or contrary to Transamerica’s solicitation guidelines.
Intellectual Property
You recognize that the Application, and updates or corrections, if any, are owned or licensed by Transamerica and are protected by copyright, trade secret, and other laws in the United States and other countries. You acknowledge that such are valuable and confidential to Transamerica, and that your use and disclosure of the Application, and any updates or corrections, must be carefully and continuously controlled and must always be in conformity with the terms of this License. You shall keep the Application, and updates and corrections, if any, free and clear of any claims, liens and encumbrances attributable to your access, use or possession of the Application. Any act by you, whether voluntarily or involuntarily, purporting to create such a claim, lien or encumbrance shall be void.
You acknowledge and agree that any and all names, phrases, logos, icons, graphics, images, designs, trade names, and registered or unregistered trademarks or service marks used or displayed in the Application are the property of Transamerica and may not be used without Transamerica’s prior written consent. Except as otherwise permitted by law or provided in this License, no one has permission to copy, redistribute, reproduce, republish, or create derivative works of any information found on the Application, which includes uploading or downloading without Transamerica’s prior written consent. You may not remove any proprietary notice of Transamerica from any copy of the Application. All rights not expressly granted to you herein are reserved by Transamerica or its licensors.
Compatibility
Transamerica does not warrant that the Application will be compatible or interoperable with your Device or any other piece of hardware, software, equipment or device installed or used in connection with your Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish and fail completely, and may result in permanent damage to your Device, loss of data located on your Device and corruption of the software and files located on your Device. You acknowledge and agree that Transamerica, their subsidiaries or affiliates, or any officer, director, employee thereof, or any other person associated with the creation of the Application or its contents have no liability to you for any losses suffered resulting from or arising in connection with compatibility and interoperability problems.
Choice of Law/Jurisdictions
The laws of the State of Iowa and the federal laws of the United States of America shall govern the interpretation, validity and effect of this License and any use of the Application. The courts of the State of Iowa shall have exclusive jurisdiction in any action or proceeding instituted under or related to this License or your use of the Application. You specifically consent to personal jurisdiction in Linn County, Iowa. This License constitutes the entire agreement between you and Transamerica with respect to your use of the Application. Any cause of action you may have with respect to use of the Application must commence within one (1) year after the claim or cause of action arises.
The products and services referred to in the Application License are available only in jurisdictions where they may be lawfully offered for sale, and not all Transamerica products and services are available in all geographic regions/states. The insurance products referred to in the Application may be offered and sold only to persons located in the United States and its territories.
Information Required by the States of California and Massachusetts
Transamerica Life Insurance Company (U.S.A.)
State of Domicile: Iowa
Principal Place of Business: Cedar Rapids, Iowa 52499
Transamerica Life Insurance Company
State of Domicile: Iowa
Principal Place of Business: Cedar Rapids, Iowa 52499
California Certificate Number: 07210
Transamerica Financial Life Insurance Company
100 Manhattanville Road
Harrison, New York 10528
This Application is brought to you by Transamerica. It is intended to be used only by life insurance producers appointed to do business with one of the Transamerica companies identified above. This Application is for producer use only and is not intended, nor appropriate, for customer or consumer use. If you are a new or existing policy owner, please refer to Transamerica.com for more information about Transamerica.