Leverage™ SDK and Leverage Developer Portal™ End User License Agreement
IMPORTANT- PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank You for using the Pragmatic Solutions, Inc. ("Pragmatic") Leverage™ software development kit and related software, web site and services (the "Leverage™ SDK") and Leverage Developer Portal, (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.

1. Introduction.

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.

Additional features of the Leverage™ SDK are available as part of the Leverage Developers web site, (referred to as "Leverage Developer Portal"). By registering with the Leverage Developer Portal, You acknowledge that You have read, understood and agree to be bound by the "Leverage SDK End User License Agreement”. Registration for Leverage and the Leverage Developer Portal can be found at http://dev.mygameiq.comand the pricing and membership in the Leverage Developer Network is subject at all times to Pragmatic's sole discretion.

Pragmatic takes privacy seriously. Pragmatic's Leverage Privacy Policy is hereby incorporated into this Agreement by reference. The most up-to-date version of the Leverage Privacy Policy can be found here: http://dev.mygameiq.com. Please read this policy carefully for information relating to Pragmatic's collection, use, and disclosure of personal information.

2. Modifications; Your Obligation to Monitor Web Sites
  1. Pragmatic reserves the right, at Pragmatic's discretion, to change, modify, add, or remove portions of this Agreement at any time by posting the amended Agreement to the Leverage Developer Portal. Please check the Leverage Developer Portal periodically for changes. Your continued use of the Leverage™ SDK after the posting of changes constitutes Your binding acceptance of such changes.
  2. At all times, You must monitor the Leverage Developer Portal to ensure
    1. You are only using the latest stable version of the Leverage™ SDK; and
    2. You are aware of any changes in this Agreement or any other applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of Leverage™ SDK.
3. License Grant
  1. The Leverage™ SDK, and any derivative works or improvements thereto, is owned by Pragmatic, or Pragmatic's licensors and content and technology providers ("Pragmatic Licensors"), and, subject to the terms and conditions herein, is hereby licensed to You on a limited, worldwide, non-exclusive, non-sublicenseable (except as set forth in Section 3(a)(1), below) basis. All rights not expressly granted to You are reserved by Pragmatic or their respective owners.
    1. Subject to all the terms and conditions herein You may sublicense and distribute the Leverage™ SDK solely in object code form and solely as bundled with Your Application to end users; provided that (i) You shall obtain from each sublicensee a written agreement that is consistent with the terms of this Agreement and includes restrictions at least as protective of Pragmatic and the Leverage™ SDK as this Agreement; and (ii) You shall diligently enforce all agreements between you and each sublicensee and shall remain fully liable to Pragmatic for all of Your obligations sublicensed hereunder.
  2. With respect to Your use of the Compiled SDK:
    1. You may install and use the Compiled SDK provided by Pragmatic (in its sole discretion) in object code form on a personal computer owned or controlled by You for Your personal or commercial use or benefit.
  3. Except as expressly agreed to in a separate signed writing, You may only use the Leverage™ SDK to provide real-time and non-real time queries to Pragmatic.
  4. At all times, You must monitor the Leverage Developer Portal to ensure You are only using the latest stable version of the Leverage™ SDK.
  5. Your Application and your use of the Leverage™ SDK shall in no way and to no extent directly or indirectly adversely affect, impede or otherwise hinder or disrupt the functionality or performance of the Leverage™ SDK or other services provided by Pragmatic. Without limiting the generality of the foregoing, your Application:
    1. shall not adversely impact the stability of Leverage™ SDK;
    2. shall not adversely impact the behavior of other applications using the Leverage™ SDK;
    3. shall not attempt to install spyware or malware on the client computer;
    4. shall not attempt to redistribute information about the use of Leverage™ SDK without express permission of the user;
    5. correctly identifies itself to the Leverage™ SDK when requesting authorization;
    6. shall not attempt to send messages or place calls to or communicate with other users of Leverage™ SDK unless specifically directed to do so by the user.
  6. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute (except as expressly provided herein), or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Leverage™ SDK or any portion thereof.
  7. Unless, otherwise agreed to by Pragmatic in writing, You shall not offer, make available or link to companies offering competing services or products as the Leverage™ Software Service (as defined below) or as specified within this Agreement. You shall not distribute Your Application online through website(s) that is/are in any way similar to the Leverage Developer Portal or use Pragmatic's trademarks or words describing Pragmatic's products or services as the registered URL for any of Your website(s).
  8. You may not use the Leverage™ SDK in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or the Leverage Privacy Policy, including, but not limited to:
    1. defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
    2. uploading, posting, emailing or transmitting or otherwise making available any inappropriate, defamatory, infringing, obscene, or unlawful content;
    3. restricting or inhibiting any other user from using and enjoying Leverage™ SDK;
    4. interfering with or disrupting Leverage™ SDK or servers or networks connected to Leverage™ SDK.
  9. You will not use the Leverage™ SDK in any Application that is actually or potentially fraudulent or inappropriate or contrary to Pragmatic policy (as such policy is communicated to You by Pragmatic either through the Leverage Developer Portal or otherwise)
  10. You will not collect any user's personal information or data in a misleading, unauthorized or unfair way or infringe any laws regarding privacy, spam mail or any similar law or regulation.
  11. You may not use the Leverage™ SDK to operate life support, or other mission critical applications where human life or property may be at stake. You understand that the Leverage™ SDK is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Pragmatic is not responsible.
  12. You may not use or export the Leverage™ SDK in violation of applicable U.S. or International laws, treaties or regulations.
    1. Export Restrictions. You agree to comply with all applicable export control laws and with any regulations issued from time to time by the United States Department of Commerce and similar agencies of other countries concerning exporting, importing, and re-exporting software. You further agree that the Leverage™ SDK will not be acquired, shipped, transferred or exported, directly or indirectly, into any country or used in any manner prohibited by the United States Export Administration Act and the regulations thereunder, or will be used for any purpose prohibited thereby.
  13. You may not sell, market, distribute, post or otherwise transfer Your Application in a manner that:
    1. removes any copyright, trademark or other proprietary rights notices contained in or on the Leverage™ SDK;
    2. uses "Leverage™" brand features, including trade names, trademarks, service marks, logos, and domain names to disparage Pragmatic, its products or services;
    3. displays a brand feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Pragmatic.
  14. You will not knowingly harm, misuse or bring into disrepute the Leverage™ SDK or Pragmatic and "Leverage™" brand or name(s), and will maintain the value and reputation thereof to the best of Your abilities.
  15. You will not use the Leverage™ SDK in any Application that is actually or potentially fraudulent or inappropriate or contrary to any policies posted on Pragmatic's web site(s) from time to time.
  16. This Agreement does not grant You any right to any version enhancement update, or to a continuous availability of the Leverage™ SDK and the functionality of the Leverage™ SDK or to any support, telephone or other assistance. Pragmatic may revise or cease to provide the Leverage™ SDK or its functionality or any part thereof including without limitation, loss of compatibility, denial of access to the functionality of the Leverage™ SDK or Pragmatic network, system, website, servers, various directories and listings, message boards, tools, information and databases, commercial activities related thereto or any part thereof.
4. Ownership and Relationship of Parties.
  1. The Leverage™ SDK is protected by copyright law, trademark law, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Agreement. To the extent that You create any modifications, derivative works or improvements relating to the Leverage™ SDK (whether or not such improvements or derivative works were delivered to Pragmatic), You hereby grant to Pragmatic a non-exclusive, unrestricted, perpetual, royalty-free, fully paid-up, freely assignable, freely sublicensable worldwide license to use and exploit all such derivative works or improvements for any reason in Pragmatic's sole discretion. Except as expressly set forth herein, this Agreement grants You no right, title, or interest in any intellectual property owned or licensed by Pragmatic, including (but not limited to) the Leverage™ SDK and Pragmatic trademarks, and creates no direct relationship between Yourself and Pragmatic, other than that of licensor to licensee under this Agreement. You agree that the Pragmatic may enforce its rights under this Agreement against You directly.
  2. You acknowledge and agree that any and all intellectual property rights ("IP Rights") to or arising from the Leverage™ SDK are and shall remain the exclusive property of Pragmatic. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with Pragmatic's IP Rights. You acknowledge and agree that any unauthorized use of Pragmatic's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
  3. Except for Pragmatic's rights in Leverage™ SDK, You retain the intellectual property rights You may have in Your Applications. You hereby release from all claims and covenant not to hold liable Pragmatic or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims: (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the Leverage™ SDK; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the Leverage™ SDK.
  4. You retain any property rights You may have to any underlying data collected within Your application by the Leverage™ SDK. However, Pragmatic retains the property rights to the compiled data and analysis of data transmitted by You via the Leverage™ SDK (the "Compiled Data"). To the extent the Compiled Data is deemed to belong to You, You hereby grant to Pragmatic a non-exclusive, unrestricted, irrevocable, perpetual, fully paid-up, royalty free, freely assignable, freely sublicenseable license to use, reproduce, distribute, display, perform publicly, create derivative works from and otherwise exploit the Compiled Data. You hereby release and covenant not to hold liable Pragmatic or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any privacy violations; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the Leverage™ SDK or Compiled Data. .
  5. You hereby grant Pragmatic a non-exclusive license under Your trademarks and copyrights solely to market, promote, and otherwise feature You and Your Application on Pragmatic's web sites (including without limitation the web pages located at http://dev.mygameiq.com) and other services without limitation.
5. Attribution.
  1. Except as expressly provided for in this Section 5, You shall not use any trademarks, trade names or other indicia of identity of Pragmatic, including without limitation the Pragmatic, Leverage and or Leverage Developer Portal trademarks and logos, or make other references to Pragmatic or Pragmatic's products or services than those explicitly stated herein. Unauthorized references or use of Pragmatic's trademarks, trade names or other indicia of identity shall be considered a material breach of this Agreement and shall result in immediate termination thereof. Such termination shall be without limitation to Pragmatic's right to claim damages, seek for injunctive or other equitable relief and obtain other remedies from You.
  2. You acknowledge that Your Application must prominently display the following statement in the splash screen or credits page as well as the help text or about text, in the acknowledgements in the documentation associated with Your Application and the packaging and other promotional material:
    1. "This product uses the Leverage™ SDK but is not endorsed, certified or otherwise approved in any way by Pragmatic"
  3. You may only use the following references to Pragmatic, Leverage and Leverage Software in connection with Your Software Application are the following expressions:
    1. "Powered by Pragmatic"
    2. "Leverage"
  4. The Software Application or Hardware Device (as applicable) may only use icons from Pragmatic's archive of application icons, leverage.pdnconnect.com/logos in reference to Pragmatic.
  5. The Leverage™ SDK and any logos, icons, and other content provided by Pragmatic hereunder may include Pragmatic trademarks, trade names, logos, and other proprietary notices (the "Pragmatic Marks"). Unless otherwise approved in writing by Pragmatic, You shall not remove, obscure, or alter any Pragmatic Marks incorporated within the Leverage™ SDK or otherwise. Pragmatic hereby grants to You a limited, non exclusive, non transferable license, with no right to sub license, to display the Pragmatic Marks pursuant to this Agreement. Any display of the Pragmatic Marks is subject to the Pragmatic trademark usage guidelines, as may be provided by Pragmatic in writing to Affiliate from time to time. You acknowledge that any goodwill generated through Your use of the Pragmatic Marks hereunder will inure solely to the benefit of Pragmatic.
6. Support and Software Updates.

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.

7. Fees and Payments.

Pragmatic reserves the right to charge fees for future use of or access to the Leverage™ SDK, Leverage Developer Portal™, 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.

8. Disclaimer of Warranties.

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 AND LEVERAGE DEVELOPER PORTAL™ 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.

9. Limitation of Liability.

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.

10. Indemnification.

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.

11. Termination.

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.

12. Government End Users.

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.

13. Controlling Law.

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.

14. No General Waiver; Severability.

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.

15. Complete Agreement.

This Agreement constitutes the entire understanding between the parties respecting use of the Leverage™ Software Services, superseding all prior agreements between You and Pragmatic.

16. Notice.

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.

17. Violations.

Please report any violations of this Agreement to legal@pr-sol.com.

© Pragmatic Solutions, Inc. – 2006-2009