Thank You for using the Pragmatic Solutions, Inc. ("Pragmatic") Leverage™ software development kit and related software and services (the "Leverage™ SDK") (including, without limitation, the documentation, local computer files installed by the installer application, and any upgrades, enhancements, modifications, updates, revisions and substitutions thereto, and any copies of any of the foregoing).
THIS LEVERAGE™ SDK END USER LICENSE AGREEMENT, INCLUDING ANY FUTURE MODIFICTIONS (THE "AGREEMENT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PRAGMATIC FOR YOUR USE OF THE LEVERAGE™ SDK. BY CLICKING THE BUTTON BELOW, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE LEVERAGE™ SDK, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AS WELL AS ANY FUTURE MODIFICATIONS.
IF YOU ARE USING THE LEVERAGE™ SDK ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
Subject to Your compliance with the terms and conditions herein, this Agreement grants You certain rights to use the Leverage™ SDK to help You create Your applications, services or products (each, an "Application"). The Leverage™ SDK may be used in two forms: as a downloadable library (the "Compiled SDK") or as an online hosted solution with a hyper text transfer protocol interface (the "Noncompiled SDK"). The Leverage™ SDK utilizes both real-time and non-real-time queries to provide information to the system. The real-time queries are to inform the system of events such as player or server login events, current state, etc. The non-real-time queries provide information such as statistical events to the system.
In order to take full advantage of the Leverage™ SDK, including certain additional features, we urge You to enroll in the additional Pragmatic Developer Network services that Pragmatic offers to developers (referred to as "PDNconnect"). If You enroll in PDNconnect, You acknowledge that You have read, understood and agree to be bound by the "PDNconnect Agreement". Registration for PDNconnect and the PDNconnect Agreement can be found at leverage.pdnconnect.com and the pricing and membership in PDNconnect is subject at all times to Pragmatic's sole discretion.
Pragmatic takes privacy seriously. Pragmatic's PDNconnect Privacy Policy is hereby incorporated into this Agreement by reference. The most up-to-date version of the PDNconnect Privacy Policy can be found here: http://www.pdnconnect.com/modules/eula.php. Please read this policy carefully for information relating to Pragmatic's collection, use, and disclosure of personal information.
Pragmatic may elect to provide You with customer support and/or software upgrades, enhancements, or modifications (collectively, "Leverage™ Support") for the Leverage™ SDK, in its sole discretion, and may terminate such Leverage™ Support at any time without notice to You. Pragmatic may change, suspend, or discontinue any aspect of the Leverage™ SDK at any time, including the availability of any Leverage™ SDK feature, database, or content or the Pragmatic network, system, website, servers, various directories and listings, message boards, tools, information and databases, commercial activities related thereto or any part thereof. Pragmatic may also impose limits on certain features and services or restrict Your access to parts or all of the Leverage™ SDK or other services (including web sites) without notice or liability. Nothing in this agreement bars Pragmatic from contracting with third parties who may be developing a similar Application.
Pragmatic reserves the right to charge fees for future use of or access to the Leverage™ SDK, Leverage™ Support or the Pragmatic services and web sites relating thereto (collectively, "Leverage™ Software Services") in Pragmatic's sole discretion. In the event that You require any additional software to run the Leverage™ SDK, You must obtain a license to the software, as applicable, and pay any license fees associated with such access. Your use of such software is subject to the terms, conditions, warranties and disclaimers provided by the owner of such software. Please refer to the materials You received when You purchased Your license to s software to understand Your rights and obligations.
PRAGMATIC DOES NOT CONTROL THE FLOW OF DATA FROM THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS WHICH YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED. PRAGMATIC CANNOT GUARANTEE THAT THESE EVENTS WILL NOT OCCUR AND THEREFORE DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
USE OF THE LEVERAGE™ SOFTWARE SERVICES AND ANY DATA ACCESSED THROUGH THE LEVERAGE™ SDK IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LEVERAGE™ SOFTWARE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
PRAGMATIC AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE LEVERAGE™ SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, INCLUDING BUT NOT LIMITED TO, THE DASHBOARDS FROM LEVERAGE.PDNCONNECT.COM, THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE LEVERAGE™ SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, AND ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IF THE LEVERAGE™ SOFTWARE SERVICES OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT PRAGMATIC OR THEIR LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF PRAGMATIC OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES.SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE RESTRICTIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS AND EXCLUSIONS OF WARRANTIES CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
PRAGMATIC AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE LEVERAGE™ SOFTWARE SERVICES INCLUDING BUT NOT LIMITED TO THE COLLECTION AND TRANSMITTAL OF DATA BY YOURSELF OR BY THIRD PARTIES, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PRAGMATIC, ITS AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH ANY THIRD PARTY SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE LEVERAGE™ SOFTWARE SERVICES, OR ANY DATA ACCESSED THROUGH THE LEVERAGE™ SOFTWARE SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDING, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PRAGMATIC, ITS AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH ANY THIRD PARTY SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE LEVERAGE™ SOFTWARE SERVICES, OR ANY DATA ACCESSED THROUGH THE LEVERAGE™ SOFTWARE SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDING, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You are solely responsible for compliance with agreements You have executed with third parties. You agree to indemnify and hold Pragmatic and their licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of Your use of the Leverage™ SDK Service, Your violation of any terms or conditions of this Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity. Pragmatic reserves the right, at its expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Pragmatic, and You agree to cooperate with Pragmatic's defense of these claims.
Subject to Your compliance with the terms and conditions of this Agreement, Your license to the Leverage™ SDK under this Agreement continues until it is terminated by either party. You may terminate this Agreement by discontinuing use of all or any of the Leverage™ SDK and by destroying the applicable portions of the Leverage™ SDK in Your possession. This Agreement terminates automatically if You (i) violate any term of this Agreement, (ii) Pragmatic publicly posts a written notice of termination on Pragmatic's web site, or (iii) Pragmatic sends a written notice of termination to You. If Your license terminates, You agree to cease any and all use of the Leverage™ SDK, its components, and any third-party data. Sections 1, 2, 3(e)-(p), 4, and 6 through 17 will survive any termination of this Agreement.
If the Leverage™ SDK are supplied to or purchased by or on behalf of the United States Government, then the Leverage™ SDK is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this Agreement apply.
This Agreement and the relationship between You and Pragmatic is governed by the laws of the State of California without regard to its conflict of law provisions. You and Pragmatic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
The failure of Pragmatic to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Agreement constitutes the entire understanding between the parties respecting use of the Leverage™ Software Services, superseding all prior agreements between You and Pragmatic.
Pragmatic may provide You with notices, including those regarding changes to this Agreement, either by e-mail, regular mail, or by postings on the leverage.pdnconnect.com website. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Leverage™ SDK. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Please report any violations of this Agreement to legal@pdnconnect.com.
© Pragmatic Solutions, Inc. - 2008