Thank You for using the America's Army DeployTM Client ("Deploy Client") software and related services (including, without limitation, the DCDS SDK, 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 product is owned by the government of the United States of America and Pragmatic Solutions, Inc. and its use and reproduction are governed by the terms of this Licensing Agreement.
THIS DEPLOY CLIENT END USER LICENSE AGREEMENT, INCLUDING ANY FUTURE MODIFICTIONS (THE "AGREEMENT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE DEPARTMENT OF THE ARMY/ARMY GAME PROJECT AND PRAGMATIC SOLUTIONS, INC. FOR YOUR USE OF THE DEPLOY CLIENT. OPENING THE SOFTWARE PACKAGE, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE DEPLOY CLIENT, 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 DO NOT AGREE TO ABIDE BY THE TERMS OF THIS LICENSE, THE SOFTWARE SHOULD BE DESTROYED.
IF YOU ARE USING THE DEPLOY CLIENT 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.
- License to Use
Subject to the provisions contained herein, Army Game Project and Pragmatic Solutions, Inc. (hereinafter, "Developers") hereby grants you a non-exclusive license to install and use the accompanying version of the proprietary software, its associated documentation and any updates thereto. The Developers may modify the Deploy Client at any time for any reason.
- Restrictions
The Deploy Client embodies trade secrets and intellectual property protected by United States and international copyrights and other laws and international treaties. By using the Deploy Client, you agree that all rights, title, and interest in the Deploy Client, including the copyrights and trade secrets, are the property of the Developers. You agree not to modify, decompile, disassemble, or otherwise reverse engineer the Deploy Client. In addition, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Deploy Client or associated registered user accounts, except as permitted under this Licensing Agreement. The Software has been developed for entertainment purposes only and is not designed or licensed for any other purpose. No rights, title or interest in or to any trademark, service mark, logo, trade name, or any other intellectual property right of Developers or the United States government or its licensors is granted under this Agreement.
- Distribution
Except as otherwise provided in this Licensing Agreement, you may make copies of the Deploy Client and distribute them as long as the software is fully attributed to the Developers, the Deploy Client is whole and unmodified in any way and it is provided without charge to the recipient or any other party. This copy may not be distributed as part of a package (with additional software or other products) without express written permission from Developers.
- Disclaimer of Warranty
- UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, THE DEPLOY CLIENT IS DISTRIBUTED "AS IS." ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE DEPLOY CLIENT YOU ARE USING IS IN THE DEVELOPMENT STAGE AND, BY USING IT, YOU AGREE TO ASSUME FULL RESPONSIBILITY AND RISK FOR ANY COSTS OR DAMAGES YOU MAY INCUR WHILE USING THE DEPLOY CLIENT.
- THIS DEPLOY CLIENT HAS BEEN PROVIDED TO YOU FREE OF CHARGE, AND YOUR USE OF IT IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE DEVELOPERS, UNITED STATES GOVERNMENT, THEIR EMPLOYEES, AFFLILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM: ANY USE OF THE DEPLOY CLIENT; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED BY THE DEVELOPERS IN RELATION TO THE DEPLOY CLIENT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE.
- Export Controls
You may not download, use or otherwise export or re-export the Deploy Client or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, neither the Deploy Client nor any underlying information or technology may be downloaded, used or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, Sudan and any other country to which the United States has embargoed goods or (ii) to anyone on the U.S. Treasury Department's list of specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Deploy Client, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
- Termination
Subject to Your compliance with the terms and conditions of this Agreement, Your license to the Deploy Client 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 Deploy Client and by destroying the applicable portions of the Deploy Client in Your possession. This Agreement terminates automatically if You (i) violate any term of this Agreement, (ii) Developers publicly posts a written notice of termination on the www.aadeploy.com web site, or (iii) Developers sends a written notice of termination to You. If Your license terminates, You agree to cease any and all use of the Deploy Client, its components, and any third-party data.
- Complete Agreement
This Agreement constitutes the entire understanding between the parties respecting use of the Deploy Client, superseding all prior agreements between You and Developers.
