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.

c.       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.

d.      This License is the entire License between the parties with respect to the use of the Data and Software.

e.       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.

f.       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).

g.      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.

h.      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 acknowledges that SG Digital and/or its affiliates are subject to gaming, lottery or similar licensing requirements of various jurisdictions. User shall cooperate fully with SG Digital in providing any information of whatever nature that any of them deems necessary or appropriate in assuring itself that User possesses the good character, honesty, integrity, and reputation applicable to those engaged in the gaming and lottery industries. User represents there is nothing in User’s background, history or reputation that would be deemed unsuitable under any standard applicable to such industries. If, during the term of this license, SG Digital is notified by any governmental authority that the engagement of, or conducting business with, User may or will jeopardize any license or ability to be licensed of SG Digital; or if SG Digital concludes that User may fail to meet the above criteria (or the compliance committee of SG Digital or any of its affiliates otherwise raises as objection with respect to User), SG Digital may immediately terminate this license without liability to 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.

 

 

 
 
Real-Time Odds - it's what the pros use
 
Quick, Easy, Just For You
 
XML Feeds to power your apps
 
Expert Picks to grow your bankroll, start winning NOW!
 
Organize your plays with our Rotation Schedules