The “Tool” shall mean the calculator of probabilities of longevity and all accompanying graphs, tables and text provided by the Society of Actuaries (“SOA”) and American Academy of Actuaries (“Academy”) designed to provide individuals with perspectives on their longevity to be used online and any upgrades from time to time and any other software or documentation which enables the use of the Tool.
2. DATA PROTECTION
3. PROPRIETARY RIGHTS AND LICENCE
4. CONDITIONS OF USE
You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the Tool; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Tool; (iii) create derivative works of the Tool of any kind whatsoever; (iv) use the Tool in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Tool terms, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the Tool or other operating systems; (v) or use the Tool in a way that could damage, disable, overburden, impair or compromise the SOA and Academy, its systems or security or interfere with other users.
The Tool is currently made available to you for your personal and/or educational, non-commercial use. The SOA and Academy reserve the right, in its sole discretion, at any time and for any reason, to (i) amend or withdraw the Tool, (ii) change the terms and conditions upon which the Tool is provided, (iii) charge for the Tool or service provided to you in accordance with these Tool terms, (iv) or, without notice, terminate or otherwise limit your access to the Tool in the event that we believe that you are in breach of or have failed to comply with any of the Tool terms.
The SOA and Academy will use reasonable efforts to make the Tool available at all times. However, you acknowledge the Tool may be affected by factors outside of the Academy’s or SOA’s reasonable control and may be rendered unavailable during periods of maintenance. The SOA and Academy do not accept any responsibility whatsoever for unavailability of the Tool, or any difficulty or inability to download or access content or any other communication system failure which may result in the Tool being unavailable.
The SOA and Academy will provide support and/or maintenance for the Tool. Support for Tool errors or defects is available by emailing [email protected]. The SOA and Academy will not be responsible for ensuring 100% availability of the Tool, and email support is only offered from 9:00 - 5:00 PM CST.
6. LIMITATION OF LIABILITY
In no event will the SOA and Academy be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use of or access to the Tool. The SOA and Academy are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Tool.
7. DISCLAIMER OF WARRANTIES
You assume full responsibility for using the information provided through the Tool. The SOA and Academy make no warranty, guarantee, or representation as to the accuracy or sufficiency of the information provided through the Tool. The SOA and Academy disclaim all responsibility for any party’s use or misuse of the Tool and for any work product generated through use or misuse of the Tool.
The SOA and Academy disclaim all express and implied warranties with regard to the Tool. The Tool is provided "as is" and "as available". THE SOA AND ACADEMY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF ANY INDIVIDUAL'S USE OF, REFERENCE TO, RELIANCE ON, OR INABILITY TO USE, THE TOOL OR THE INFORMATION PRESENTED IN THE TOOL.