SOFTWARE AND DATA LICENSE TERMS –
SCREEN & MOBILE
1. PLEASE
READ THESE SOFTWARE AND DATA LICENSE TERMS CAREFULLY BEFORE DOWNLOADING OR
USING DON BEST SPORTS SOFTWARE.
2. Don
Best Sports Software, including DBS4, the DBS Mobile application, and any SG Digital-created
proprietary programs and operating information (“Software”), is made
available to customers by Don Best Sports Corporation (“SG
Digital”),
a Nevada corporation and subsidiary of Scientific Games Corporation.
3. ACCEPTANCE.
a. By
clicking "ACCEPT", or by using the Don Best Sports Software, User is
agreeing to be bound by these Terms. If User does not agree to all Terms, please
click the “DO NOT ACCEPT” button and delete the application from your computer
or mobile device.
b. User’s
agreement to these Terms includes User’s agreement to arbitrate any claims
arising from these Terms or use of the Software or Data pursuant to the Federal
Arbitration Act (“Agreement to Arbitrate”).
4. Single Limited
License Grant.
a. SG
Digital grants the User a nonexclusive, nontransferable, revocable limited
license (“License”) to:
i. View
the licensed materials, rotation IDs, schedules, injury reports, research
reports, line-ups, statistics, betting lines and/or wagering odds or other
data (“Data”) provided by SG Digital, and
ii. Use the
Software in object code form to view the Data solely on a single central
processing unit owned by User.
b. This
License is the entire License between the parties with respect to the use of
the Data and Software.
c. User
SHALL NOT:
i. COPY
ANY DATA OR SOFTWARE;
ii. MODIFY ANY
SOFTWARE;
iii. STEAL
OR SCRAPE DATA FROM THE SOFTWARE;
iv. REVERSE
COMPILE OR REVERSE ASSEMBLE ANY SOFTWARE;
v. RENT,
LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF ANY SOFTWARE; OR
vi. VIOLATE
THESE TERMS.
d. This
License is effective until terminated. User may terminate this License by:
i. Not
paying SG Digital for use of the Software and/or Data, or
ii. Providing
SG Digital with 5 days prior notice of their desire to terminate and deleting
all copies of Software (including any Data).
e. This
License will terminate immediately without notice from SG Digital if User violates
any provision of this License. Upon termination, User must delete all copies of
Data and Software.
f. Software,
including technical data, is subject to U.S. export control laws, including the
U.S. Export Administration Act and its associated regulations, and may be
subject to export or import regulations in other countries. User agrees to
comply strictly with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import Software.
5. SOFTWARE
CHANGES & TERMINATION: At its sole discretion, with or without
notice to User, SG Digital may:
a. update
this Software, or
b. discontinue
this Software or any part thereof, or
c. change
the content of the Software or Data, or
d. restrict
use or access to the Software or Data.
SG Digital will
have no liability to User if the Software or access to Data is discontinued or if
User’s ability to access the Software or Data is terminated. SG Digital is not
liable for any modification or suspension of the Software.
6. DATA
COLLECTION:
User agrees that SG Digital and SG Digital’s third-party vendors may collect
and use technical and usage data and related information, including but not
limited to technical information about User’s device, geolocation, date and
time of Software access, system and application software, and peripherals, that
is gathered periodically to, among other things, facilitate the provision of
software updates, Software support, and other services to User (if any) related
to the Software. User grants SG Digital the permission to use this information
to improve its Software or to provide services or technologies to User, as well
as to provide advertising content, if applicable, in which SG Digital believes User
may be interested, including working with third parties who provide targeted
advertising content. User expressly consents to receive push notifications from
and on behalf of SG Digital.
7. Confidential
Information: User agrees that the Data, and the specific design
and structure of the Software, constitutes confidential information, trade
secrets, and/or copyrighted material of SG Digital. User shall not to disclose,
provide, or otherwise make available such information to any third party. User shall
use reasonable security measures to protect such information. Title to
Software, Data, and any applicable documentation shall remain solely with SG
Digital.
8. REGULATORY
COMPLIANCE:
User will maintain all licenses, permits, and approvals from relevant necessary
to fulfill its obligations under this Agreement, if necessary. User shall
provide SG Digital with a copy of any license at SG Digital’s request. User
will comply with all applicable laws, including those involving
anti-corruption, competition, anti-money laundering, licensing, and
registration; and will pay applicable taxes.
SG
Digital is a subsidiary of Scientific Games Corporation (“Scientific Games”). Scientific
Games conducts business in highly regulated jurisdictions under privileged
licenses issued by gaming authorities. Scientific Games maintains a compliance
program to maintain suitability and to protect its integrity and licenses and
to monitor compliance with the requirements established by gaming authorities
in various jurisdictions around the world. If requested by Scientific Games, User
shall promptly provide all relevant compliance information, including its
financial condition, litigation, indictments, background, criminal proceedings,
and anything else reasonably needed to determine if the User would jeopardize
any gaming licenses held by Scientific Games or any subsidiary. If User
refuses, or if the information provided could jeopardize any gaming license,
registration or permit held by Scientific Games or any of its subsidiaries or
if a gaming authority disapproves of the relationship with the User, Scientific
Games may terminate this license. Scientific Games will have no further
affirmative obligations to the User, other than to give the User the reason for
termination. If User discovers any events of a questionable, fraudulent or
illegal nature that may be in violation of law, the User will report the matter
promptly to Scientific Games.
User:
a. has not
been convicted of or plead guilty to a felony (or an offense of similar
seriousness in non-common law countries) or a crime involving gambling;
b. has
disclosed to SG Digital if they are under any governmental investigation (other
than routine gaming investigations associated with licensing),
c. has not
been involved in any activity which would question User’s suitability or would
jeopardize any gaming licenses held by Scientific Games by association,
d. has not
had a gaming license denied, suspended or revoked,
e. has and
will not offer to any person working for or engaged by SG Digital any gift or
other consideration which could act as an inducement or a reward for any act or
failure to act; and
f. has not
and will not offer or agree to give any third party any gift or other
consideration (including, but not limited to, a political contribution) which
could act as an inducement or a reward for any act or failure to act for the
benefit or perceived benefit of a SG Digital or User.
9. NO
WARRANTY.
NO WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE,
ARE HEREBY MADE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THE
SOFTWARE AND DATA IS PROVIDED AS IS, AS AVAILABLE. USER’S USE OF THE SOFTWARE
AND DATA IS AT USER’S SOLE RISK.
SG Digital does
not warrant that the Software or Data is error free or that User will
be able to operate the Software without problems or interruptions (including
service failures).
10. LIABILITY
LIMIT.
SG Digital's entire liability to User, whether in contract, tort (including
negligence), or otherwise, shall never exceed the price paid by User for
the License.
SG Digital SHALL
NEVER BE LIABLE FOR LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE EVEN IF SG Digital OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
11. Agreement
to Arbitrate and Class Action Waiver: Any claim arising
from these Terms shall be settled by arbitration administered by the American
Arbitration Association in accordance with its Commercial Arbitration Rules.
The arbitration hearing shall take place in Las Vegas, Nevada before a single
arbitrator. Judgment on the award rendered by the arbitrator may be entered in
any court having jurisdiction.
User
agrees any claims arising from these Terms must be settled individually,
and without resorting to any form of class action.
12. GOVERNING
LAW AND VENUE: These Terms are governed by and construed with the
laws of the State of Nevada, USA, as if performed wholly within the state and
without giving effect to the principles of conflict of law.
If any portion
hereof is found to be unenforceable, the remaining provisions of these Terms
shall remain in full force.
USER
AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR
CAUSE OF ACTION ARISING FROM THE LICENSE OR THESE TERMS MUST BE FILED WITHIN
ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (AND RECOVERY SHALL BE
LIMITED TO THAT ONE-YEAR PERIOD) OR BE FOREVER BARRED.