“MetLife Pocket Pass” Mobile Application End User License Agreement
THIS IS A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND METROPOLITAN LIFE INSURANCE COMPANY ("METLIFE") STATING THE TERMS THAT GOVERN YOUR USE OF THE “METLIFE POCKET PASS” SOFTWARE APPLICATION (THE “APPLICATION”).
THERE MAY BE MULTIPLE VERSIONS OF THE APPLICATION AVAILABLE FOR DOWNLOAD DIRECTLY FROM METLIFE AND/OR THROUGH VARIOUS DISTRIBUTION CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS (“CHANNEL PARTNERS”). THIS AGREEMENT APPLIES TO ALL VERSIONS OF THE APPLICATION REGARDLESS OF WHETHER YOU DOWNLOAD THE APPLICATION DIRECTLY FROM METLIFE OR FROM A CHANNEL PARTNER.
BY DOWNLOADING OR USING THE APPLICATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THEM, DO NOT DOWNLOAD OR USE THE APPLICATION. YOUR DOWNLOAD OR USE OF THE APPLICATION IS SUBJECT TO THE TERMS OF THIS AGREEMENT. YOUR DOWNLOAD OR USE OF THE APPLICATION IS ALSO SUBJECT TO ANY APPLICABLE AGREEMENTS WITH CHANNEL PARTNERS (“CHANNEL PARTNER AGREEMENTS”).
1. AGE REQUIREMENTS FOR USE OF THE APPLICATION. The Application is available for individuals 14 years old or older. Please note, however, that you must be 21 years old or older to participate in certain sweepstakes, games and contests that may be accessed through this Application.
2. INSTALLATION AND USE. You may install and use a copy of the Application on a Mobile Device (as defined below) that you own or control, subject to the terms of this Agreement and any applicable Channel Partner Agreements. The Application is licensed, not sold, to you. Your license to the Application is subject to your prior acceptance of this Agreement. MetLife reserves all rights in and to the Application not expressly granted to you under this Agreement.
3. SYSTEM REQUIREMENTS. Use of the Application requires an Apple iPhone* or an Android* device (a “Mobile Device”) and Internet access (fees may apply) and may require obtaining updates or upgrades from time to time. Because use of the Application involves hardware, software, and Internet access, your ability to use the Application may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
4. POCKET PASS POINTS. You can accumulate Pocket Pass points through use of the Application. These Pocket Pass points are intended to be used for entertainment purposes only and do not affect your chances of winning any prize or contest. Pocket Pass points have no monetary value and may not be redeemed for prizes.
5. SWEEPSTAKES, GAMES, ACTIVITIES AND CONTESTS. All sweepstakes, games, activities, and contests that may be accessed through this Application shall be governed by the applicable Official Rules of the sweepstakes, game, activity, or contest, and by the MetLife Central Countdown Card Program Official Program Terms and Conditions, all of which you agree to by participating in the applicable sweepstakes, game, activity or contest.
Please note that Apple is not affiliated with, and does not endorse this sweepstakes/promotion.
8. Scope of License. The license granted to you for the Application by MetLife in this Agreement is limited to a revocable, non-transferable license to use the Application on a Mobile Device that you own or control and as permitted by any applicable Channel Partner Agreements. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of MetLife and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this Agreement will govern any upgrades provided by MetLife that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
9. INTELLECTUAL PROPERTY.
a. Acknowledgement of Ownership. You agree that the Application and all material incorporated in the Application, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Application contain proprietary information and material that is owned or licensed by MetLife and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and patent laws, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Application in compliance with the terms of this Agreement. No portion of the Application or material incorporated in the Application may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application in any manner, and you agree not to exploit the Application in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity.
b. Copyrights. All copyrights in and to the Application or any material incorporated in the Application, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Application, are owned or licensed by MetLife, which reserves all its rights in law and equity. USE OF THE APPLICATION OR ANY MATERIAL INCORPORATED IN THE APPLICATION, EXCEPT FOR USE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
c. Trademarks. All trademarks, service marks, graphics, and logos used in connection with the Application are trademarks or registered trademarks of MetLife, Facebook or other respective third party owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
10. CONSENT TO USE OF TECHNICAL DATA. You agree that MetLife may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. MetLife may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
11. TERMINATION. The Agreement is effective until terminated by you or MetLife. Your rights under this Agreement will terminate automatically without notice from MetLife if you fail to comply with any of its term(s). Upon termination of the Agreement, you shall cease all use of the Application and destroy all copies, full or partial, of the Application. MetLife and its licensors reserve the right to change, suspend, remove, or disable access to the Application at any time without notice. In no event will MetLife be liable for the removal of or disabling of access to the Application. MetLife may also impose limits on the use of or access to the Application in any case and without notice or liability.
12. LIMITATIONS OF USE. The Application is available in the English language only. The Application is intended for use within the United States only and use by any individual outside the United States is not authorized by MetLife.
13. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
a. METLIFE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME METLIFE MAY DISABLE THE APPLICATION FOR INDEFINITE PERIODS OF TIME OR CANCEL THE APPLICATION AT ANY TIME WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE APPLICATION ARE (EXCEPT AS EXPRESSLY STATED BY METLIFE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE LICENSED APPLICATION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) METLIFE, FACEBOOK, THE NEW YORK JETS, LLC AND RELATED ENTITIES, THE NEW YORK FOOTBALL GIANTS AND RELATED ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, RELATED ENTITIES, AGENTS, CONTRACTORS, PRINCIPALS, LICENSORS, AFFILIATES, FRANCHISEES, REPRESENTATIVES, SUBSIDIARIES, PARENTS, RETAILERS, DISTRIBUTERS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS AND CHANNEL PARTNERS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COSTS, INJURIES, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES) ARISING FROM YOUR USE OF THE APPLICATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, ANY CLAIM OR LIABILITY FOR ANY INJURY OR DEATH), OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, METLIFE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. You acknowledge and agree that any applicable Channel Partners and Facebook, the New York Jets, LLC and related entities, and the New York Football Giants and related entities are third party beneficiaries of this Agreement with respect to the provisions of this paragraph, and that, upon your acceptance of this Agreement, the Channel Partners, Facebook, the New York Jets, LLC and related entities, and the New York Football Giants and related entities will have the right (and will be deemed to have accepted the right) as third party beneficiaries to enforce such provisions against you.
d. METLIFE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE APPLICATION, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND METLIFE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. METLIFE DOES NOT REPRESENT OR GUARANTEE THAT USE OF THE APPLICATION WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND METLIFE DISCLAIMS ANY LIABILITY RELATING THERETO.
14. WAIVER AND INDEMNITY. BY USING THE APPLICATION, YOU AGREE TO INDEMNIFY AND HOLD METLIFE, FACEBOOK, THE NEW YORK JETS, LLC AND RELATED ENTITIES, THE NEW YORK FOOTBALL GIANTS AND RELATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, RELATED ENTITIES, AGENTS, CONTRACTORS, PRINCIPALS, LICENSORS, AFFILIATES, FRANCHISEES, REPRESENTATIVES, SUBSIDIARIES, PARENTS, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS AND CHANNEL PARTNERS (COLLECTIVELY “RELEASED PARTIES”) HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE APPLICATION, OR ANY ACTION TAKEN BY METLIFE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU MAY NOT SUE OR RECOVER ANY DAMAGES FROM ANY OF THE RELEASED PARTIES AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE APPLICATION, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF METLIFE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
IF, DESPITE THE LIMITATION ABOVE, THE RELEASED PARTIES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN ANY LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $1. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
15. EXPORT RESTRICTIONS. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
16. The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and your use of the Application. Any controversy or claim arising out of or relating to this Agreement or the Application (including any activity related thereto) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Application must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. MISCELLANEOUS. This Agreement constitutes the entire agreement between you and MetLife regarding the Application and governs your use of the Application, superseding any prior agreements between you and MetLife. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MetLife's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision or of any other right or provision in this Agreement. MetLife will not be responsible for failures to fulfill any obligations which are unfulfilled due to causes beyond its control.
* iPhone is a registered trademark of Apple, Inc. Android is a registered trademark of Google, Inc. Apple, Inc. and Google, Inc. are not affiliated with and do not sponsor or endorse this Application.