FanDraft End User License Agreement

Registered Version

The registered license is for users who have obtained from FanDraft LLC registered access for FanDraft®. If you have not obtained a valid registration code for FanDraft®, see the section titled FanDraft Evaluation License.

Your Agreement to this License

This License only applies to the executable code for the English-language version of the FanDraft software and any accompanying distributable files, data and materials (“FanDraft”). You should carefully read the following terms and conditions before using, installing, copying, or distributing FanDraft. Unless otherwise agreed in a writing signed by an authorized representative of FanDraft LLC (“FanDraft”), your use, installation, copying, or distribution of FanDraft indicates your acceptance of this agreement (“License”). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of FanDraft and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by FanDraft LLC.

All registered copies of FanDraft allow access to FanDraft’s Standard software features. Copies of registered FanDraft also will allow access to the additional FanDraft software features. For a complete description of FanDraft’s FREE and PRO features, refer to https://www.fandraft.com/.

Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute FanDraft.

The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of FanDraft.

Scope of License

Subject to the terms of this License, FanDraft LLC grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to use FanDraft, solely for your personal purposes.

If you have purchased a single-user license you have the right to install and use a single copy of FanDraft on one computer or workstation. Primary user may install a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided that the Software on the portable or home Computer is not used at the same time as the Software on the primary Computer. This will require the allowed “one time deactivating” of the license on the initial install, and one time transfer of license to license owners second computer or workstation. If you have purchased a multi-user license you have the right to install or access a copy of FanDraft on multiple computers up to the number of “Licensed Copies” that you have acquired, as determined below.

You may not give, transfer or sell copies of FanDraft to your customer(s), or any third party, in whole or in part, nor include copies of FanDraft, in whole or in part, in, or with, products you sell.

All rights of any kind in FanDraft which are not expressly granted in this License are entirely and exclusively reserved to and by FanDraft LLC. FanDraft is protected by the United States copyright laws and other applicable national and international laws and treaties.

You may use FanDraft solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, FanDraft, in whole or in part, nor permit anyone else to do so. You may not make access to FanDraft available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of FanDraft.

Warranty Disclaimers and Liability Limitations

FanDraft, and any and all accompanying software, files, data and materials, are distributed and provided “AS IS” and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither FanDraft LLC nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, FanDraft. Neither FanDraft LLC nor any of its affiliates or licensors warrants that the operation of FanDraft will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file.

You acknowledge that good data processing procedure dictates that any program, including FanDraft LLC, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of FanDraft covered by this License. This disclaimer of warranty constitutes an essential part of this License.

Except to the extent expressly prohibited by applicable statutes, FanDraft, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, FanDraft. Any liability of FanDraft LLC, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to FanDraft. Except to the extent expressly prohibited by applicable statutes, in no event shall FanDraft LLC or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of FanDraft, or to your relationship with, FanDraft LLC, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.

In addition, in no event does FanDraft LLC authorize you or anyone else to use FanDraft in applications or systems where FanDraft’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold FanDraft LLC, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.

U.S. Government End Users

FanDraft is a “commercial item” as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire FanDraft and any related documentation with only those rights set forth in this License.

Export Restrictions

FanDraft is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license FanDraft. By accepting this License, you warrant and represent to FanDraft LLC that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export FanDraft to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.

General

FanDraft, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in FanDraft, is confidential and trade secret information (the “Proprietary Information”) that is proprietary to and solely owned or licensed by FanDraft, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of FanDraft and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.

You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of FanDraft LLC. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.

This License shall be governed by the laws of the State of Washington, without regard to Washington choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Washington, and you consent to such jurisdiction and venue.

There are no third-party beneficiaries of any promises, obligations, or representations made by FanDraft LLC herein.

Any waiver by FanDraft LLC of any violation of this License by you shall not constitute, nor contribute to, a waiver by FanDraft LLC of any other or future violation by you of the same provision, or any other provision, of this License.

If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.

FanDraft License

Evaluation Version (“LITE”)

This license applies to the evaluation version of FanDraft®. If you do not have an evaluation version of FanDraft, see the section titled FanDraft Registered License.

Your Agreement to this License

This License only applies to the executable code for the English-language version of the FanDraft software and any accompanying distributable files, data and materials (“FanDraft”). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting FanDraft without registering your copy of FanDraft, you agree to all of the terms of this evaluation license agreement (“License”). Refer to www.FanDraft.com for information about pricing, multi-user licensing, and registration options.

All registered copies of FanDraft allow access to FanDraft’s Standard software features. Copies of FanDraft registered using a Pro registration code will also allow access to the additional FanDraft Pro software features. For a complete description of FanDraft’s Standard and Pro features, refer to www.FanDraft.com.

Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit FanDraft.

You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from FanDraft. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of FanDraft.

FanDraft reserves the right to revoke any or all distribution rights at any time, for any or no reason.

All rights of any kind in FanDraft which are not expressly granted in this License are entirely and exclusively reserved to and by FanDraft. You may use FanDraft solely as expressly provided in this License. FanDraft is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, FanDraft, in whole or in part, nor permit anyone else to do so. You may not make access to FanDraft available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of FanDraft.

FanDraft includes a user selectable feature to check for software updates. By selecting the option to check for updates automatically, or manually invoking the feature, you are consenting to allow FanDraft to download and install updated non-executable files (such as screen files) to your computer without further notice. Before FanDraft downloads and installs any updated executable files, FanDraft will request your express consent.

Warranty Disclaimers and Liability Limitations

FanDraft, and any and all accompanying software, files, data and materials, are distributed and provided “AS IS” and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither FanDraft nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, FanDraft. Neither FanDraft nor any of its affiliates or licensors warrants that the operation of FanDraft will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file.

You acknowledge that good data processing procedure dictates that any program, including FanDraft, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of FanDraft covered by this License. This disclaimer of warranty constitutes an essential part of this License.

Except to the extent expressly prohibited by applicable statutes, FanDraft, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, FanDraft. Any liability of FanDraft, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to FanDraft. Except to the extent expressly prohibited by applicable statutes, in no event shall FanDraft, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of FanDraft, or to your relationship with FanDraft, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.

In addition, in no event does FanDraft LLC authorize you or anyone else to use FanDraft in applications or systems where FanDraft’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold FanDraft, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.

U.S. Government End Users

Export Restrictions

FanDraft is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license FanDraft. By accepting this License, you warrant and represent to FanDraft that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re- export FanDraft to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.

Indemnification

At your own expense, you shall indemnify, defend, and hold harmless FanDraft, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys’ fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of FanDraft other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.

General

FanDraft, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in FanDraft, is confidential and trade secret information (the “Proprietary Information”) that is proprietary to and solely owned or licensed by FanDraft LLCC, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of FanDraft LLC and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.

There are no third-party beneficiaries of any promises, obligations, or representations made by FanDraft LLC herein.

You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, FanDraft LLC or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available FanDraft LLC or any of its affiliates under this License, at law or in equity.

Coupon/Discount Policy

Occasionally FanDraft will offer discount/coupon codes to its users directly, or via 3rd party advertisers.

These codes are only valid at time of purchase. If the code is not working during payment, it is either rendered expired or user is not meeting eligibility.

The discounts may not be refunded prior to payment. Coupon Codes can be altered or cancelled at any time by FanDraft LLC.

Disclaimer: This software is not in any way affiliated with, endorsed or licensed by the National Football League, any NFL team or NFLPA member, the NBA, NHL, Little League, or MLB.