Impact End User License Agreement

This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and AMERICAN INCOME LIFE INSURANCE COMPANY - NATIONAL INCOME LIFE INSURANCE COMPANY ("Company"). This Agreement governs your use of the IMPACT APPLICATION on any device, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AUTHORIZED TO USE THE IMPACT APPLICATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.

  1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:
    • download, install, and use the Application on a device owned or otherwise controlled by you ("Personal Device") strictly in accordance with the Application's documentation; and
    • access, stream, download and use on such Personal Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5 and subject to the License Agreement between your State General Agent and Company.
  2. License Restrictions. Licensee shall not:
    • copy the Application, except as expressly permitted by this license;
    • modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    • reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    • remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
    • remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
  3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto, other than to use the Application in accordance with the license granted and subject to all terms, conditions and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  4. Collection and Use of Your Information. You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Personal Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with applicable laws, regulations and Company’s policies.
  5. Content and Services. The Application may provide you with access to one or more of the Company's websites (the "Websites") and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Websites (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Websites’ respective Terms of Use and Privacy Policies, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policies and/or to register with the Websites, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
  6. Updates. Company may from time to time, in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Personal Device settings, when your Personal Device is connected to the internet either:
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Further, Company may from time to time, in its sole discretion, provide Application-related notifications, reminders, and other communications to you (collectively, “Application-Related Communications”) from either Company or Company’s State General Agent. By way of this Agreement, you authorize Company to provide such Application-Related Communications to you via the Application, text messaging and/or e-mail.

  1. Third-Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third party's terms and conditions.
  2. Term and Termination.
    • The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 8.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Personal Device.
    • Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Upon termination:
      • all rights granted to you under this Agreement will also terminate; and
      • you must cease all use of the Application and delete all copies of the Application from your Personal Device and account.
    • Termination will not limit any of Company's rights or remedies at law or in equity.
  3. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND/OR ITS PARENT OR AFFILIATE COMPANIES, AND/OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend and hold harmless Company and its parent and affiliate companies, as well as any of its or their respective officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including attorney's fees, arising from or relating to your misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
  2. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
  3. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
  4. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement (including without limitation Sections 1-3, 7, 9 and 10, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
  5. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Waco, McLennan County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  6. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  7. Entire Agreement. This Agreement, subject to the conditions of the License Agreement between Company and your State General Agent constitutes the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  8. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
  9. Terms of Use.
    • Protecting Data. Users will have access to Company’s information, including confidential information related to Company’s business and operations (“Confidential Information”). Confidential Information shall include, but is not limited to: customer information, lead information, and other proprietary data related to the business and operations of Company. Users shall not use this Confidential Information except for authorized business purposes. Users shall not disclose Confidential Information to anyone other than individuals authorized by Company. Users shall comply with all applicable privacy laws concerning Confidential Information. Users who store confidential and proprietary data shall follow Company’s guidelines:
      • Company information residing on Personal Devices related to applications, customers, leads, referrals, or any other data or information created or generated by Company’s software or systems is proprietary and should not be disclosed to non-Company personnel, except with Company’s approval.
      • Erase confidential and proprietary data that is no longer needed from Personal Devices.
      • Do not store Confidential Information about applicants or policyholders on Personal Devices except as needed in Company-approved programs such as Company’s mobile application (the “Mobile App”).
      • Do not store payment information, including, but not limited to, bank account information, debit card information and credit card information, from applicants and/or policyholders on Personal Devices.
    • Use of Passwords. All passwords used to access Company sites or software shall be kept confidential. Therefore, passwords should never be written and/or displayed where others can see them, and they should never be shared with others. Passwords should never be obvious, such as using your name or date of birth, but rather, passwords should be a mixture of letters and numbers and must be at least six characters in length. Each User will be required to change his or her password every ninety (90) days. After five (5) consecutive unsuccessful attempts to enter a password, a User will be locked out/suspended from the account until his/her password can be reset by CAS Help. If you forget your password, contact CAS Help.
    • Security Breaches. Users must immediately report any suspected theft or breaches of security on Personal Device(s) to their State General Agent(s) or Company if Company’s software or data is stored on Personal Device(s).
    • Software Policies. Company will make all software required for the Mobile App and other sales tools available for Users. All software used by Company is governed by this Agreement.

AMERICAN INCOME LIFE INSURANCE COMPANY AND NATIONAL INCOME LIFE INSURANCE COMPANY

User Acknowledgement

I acknowledge and agree that:

In consideration of American Income Life Insurance Company and/or National Income Life Insurance Company (collectively the “Company”) granting me the license to use the suite of agent sales tools, I shall not attempt to reproduce the software information contained in this download or to transfer this software to any other Personal Device. I shall not modify the Company’s software in any manner. I shall not disclose Confidential Information to any persons not authorized by the Company to receive it and I shall comply with all applicable privacy laws concerning said information. At Company’s request or in the event of the termination of my contract with the Company I shall remove any Company software from my Personal Device’s system(s) and I shall erase or destroy any backup data I have made on any Personal Device in accordance with this license.

In the event that it is necessary for the Company to take action to enforce this provision, I shall be liable for legal fees and costs incurred by the Company in such action.

I have reviewed the terms and conditions above in their entirety and I shall comply with the terms and conditions while they are in effect. I shall act in a responsible and prudent manner when processing, transmitting, or storing Company information, and when using Company software. The aforementioned terms and conditions are subject to change without prior notice. Indiscretions involving handling of data and passwords used may result in disciplinary action up to and including contract termination. I shall refer any questions regarding security, and report any deviations, to my State General Agent and/or the Company’s Information Technology Department.

I acknowledge the terms and conditions contained herein and I shall comply with said terms and conditions.