Your use of the Platogo API, as amended from time to time, constitutes a legal agreement between Platogo GmbH ("Platogo" or "We") and You ("You", "Your", "Licensee"). Subject to Your full compliance with all of the terms and conditions of this API Agreement ("Agreement"), Platogo grants Licensee a non-exclusive, revocable, non-sublicensable, non-transferable license to download and use the Platogo application program interface and other materials provided by Platogo (collectively, "APIs") to develop, reproduce and distribute non-commercial or commercial games ("Game") that interoperate with platogo.com or any other web property owned by Platogo ("Platogo Sites").
Any recordings and musical compositions used in Your Game must be wholly-owned by You or licensed to You on a fully paid-up basis. If Your Game includes or will include any other content, You must either own all such content or have permission from the content owner to use it in Your Game.
Games uploaded by You must not contain any violent, sexual, sexist, pornographic, offensive, obscene or defamatory content or materials of any kind, or other content or materials that in Platogo's reasonable judgement may be found inappropriate by Platogo users. Games in contravention of the foregoing guidelines will be removed from our servers and not published.
Games must not contain any malware, malicious or harmful code, program, or other internal component which could damage, destroy, or adversely affect other software, firmware, hardware, data, systems, services or networks.
Platogo may, at its sole discretion, release subsequent versions of the Platogo API and underlying data. In addition, Platogo may modify this License Agreement at any time with or without notice. You can always review the most updated version of this License Agreement online at http://www.platogo.com/devcenter/sdk/license-agreement.
Platogo retrains all rights, title, and interest in and to the API and any updates it may make available to You under this Agreement.
Except as expressly and unambiguously authorized under this Agreement, Licensee may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the API. This Agreement does not include any right for Licensee to use any trademark, service mark, trade name or any other mark of Platogo or any other party or licensor. No rights or licenses are granted except as expressly and unambiguously set forth herein. If Licensee violates any of the foregoing restrictions, Platogo shall own all rights, title and interest relating to any and all inventions, works of authorship, designs, know-how, ideas and information made or conceived or reduced to practice, in while or in part, using the APIs. Licensee hereby agrees to make all assignments necessary to accomplish the foregoing ownership.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE API AND PLATOGO SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.THE APIs ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, PLATOGO AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APIs, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, PLATOGO DISCLAIMS ANY WARRANTY THAT LICENSEE'S USE OF THE APIs WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PLATOGO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDEIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE API OR PLATOGO SERVICES, OR YOUR DEVELOPMENT EFFORTS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF PLATOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
To the extent permitted by law, You agree to indemnify, defend and hold harmless Platogo, and its director, officers, employees, independent contractros and agents, from and against any third party claim arising from, or in any way related to, Your use of the API, violation of these Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Platogo will provide You with written notice of such claim, suit or action.
This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the license granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the APIs, and shall so certify to Platogo that such actions have occurred. Platogo shall have the right to inspect and audit Licensee's facilities to confirm the foregoing.
This Agreement and The Terms of Use constitute the entire agreement between You and Platogo and govern Your use of the API, superseding any prior agreements between You and Platogo, with respect to such subject matter. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Platogo products or applications, affiliate applications, third party content or third party software. This Agreement and the Terms of Use and the relationship between You and Platogo shall be governed by the laws of Austria without regard to its conflict of law provisions. You and Platogo agree to submit to the personal and exclusive jurisdiction of Austria.
The failure of Platogo to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the 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 the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platogo API or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.