Copyright and Trademark

Copyright

© Copyright Pragmatic Solutions, Inc. 2006-2008. All Rights Reserved. © Copyright Army Game Project 2002 - 2008. Portions of the software are protected by United States and international copyright. All Rights Reserved. Reproduction or distribution of contents prohibited without permission.

Trademark

The trademarks PRAGMATIC, PRAGMATIC PREFERRED PROVIDER, MBS, AAMBS, MISSION DEPOT and DSS are the property of Pragmatic Solutions, Inc. The trademarks AMERICA'S ARMY HONOR, U.S. ARMY with star design, AMERICA'S ARMY, AA AMERICA'S ARMY, HONOR, AMERICA'S ARMY: SPECIAL FORCES, EMPOWER YOURSELF, DEFEND FREEDOM, and THE OFFICIAL U.S. ARMY GAME are the property of Department of the Army. All other trademarks are the property of their respective owners.

Except as otherwise authorized by Pragmatic Solutions, Inc., Department of the Army or their licensors, you are not authorized to copy or reproduce any of the trademarks. To the extent you may be authorized to reproduce the trademarks, you acknowledge Pragmatic Solutions, Inc.'s and Department of the Army's exclusive rights to its trademarks and agree that any use of Pragmatic Solutions, Inc.'s and Department of the Army's trademarks by you shall inure to Pragmatic Solutions, Inc.'s and Department of the Army's sole benefit. You agree not to incorporate any of Pragmatic Solutions, Inc.'s and Department of the Army's trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, games, services or technologies. Pragmatic Solutions, Inc. and Department of the Army has the right to withdraw at any time and for any reason all rights you may have been granted to reproduce Pragmatic Solutions, Inc.'s and Department of the Army's trademarks. You agree that upon receiving written notice from Pragmatic Solutions, Inc. or Department of the Army or their authorized representative, you will immediately cease all use of the trademarks. This specifically includes removing the Pragmatic Solutions, Inc. and Department of the Army trademarks from any website you may own or control.

How to Contact Us

If you have questions, please contact:

Mission Depot
Legal Department
Pragmatic Solutions, Inc.
32123 Lindero Canyon Road
Suite 216A
Westlake Village, CA 91361
Fax: (818) 865-8920
or e-mail us at legal@pr-sol.com

 

Terms of Use

Acceptance of Terms

The webpages available at www.aamissiondepot.com, and all linked pages ("Website"), are owned and operated by Pragmatic Solutions, Inc. ("Pragmatic"), a California corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS WEBSITE OR USING ANY PART OF THE WEBSITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE WEBSITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. PRAGMATIC'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY PRAGMATIC, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

MODIFICATIONS OF TERMS OF USE

Pragmatic reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

2. Description of Service

Subject to full compliance with the Terms of Use, Pragmatic may offer to provide certain services and content, as described more fully on the Website, ("Services"). Services shall include, but not be limited to, any service and content Pragmatic performs for you, as well as the offering of any materials displayed or performed on the Website (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Website. Pragmatic may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Pragmatic may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

3. Your Registration Obligations

As a condition to using Services, you are required to register with Pragmatic using the America's Army Game Account Management Website, which is linked to this Website. Registration rules and procedures are located at http://login.americasarmy.com/views/index.php. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. Pragmatic reserves the right to refuse registration of, or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your account password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. Age requirements for uploading content are different and you should consult the America's Army Mission Editor Terms of Use Agreement contained herein.

USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Pragmatic.

By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate or intimidate other users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
5. to create or submit unwanted email ("Spam") to any other users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, websites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website;
9. with the intention of artificially inflating or altering the 'vote', blog count, comments, or any other Service, including by way of creating separate user accounts for the purpose of artificially altering Pragmatic's Services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Pragmatic's Services.

Pragmatic may remove any Content and deny access to accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@pr-sol.com.

4. Content Submitted or Made Available for Inclusion on the Services

Maps, missions and levels are governed by the America's Army Mission Editor Terms of Use Agreement which is contained in the Mission Editor and in the End User Licenses Agreement (EULA) contained herein. All other content such as Comments, screen captures and descriptions are subject to the following: By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Website or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.

5. Content Downloaded from Website

Downloading of Content such as maps, missions, levels, screen captures and the like, are done under the terms of this Agreement. You acknowledge by use of this website, that you do not acquire ownership rights or licenses in those materials, and that the rights that govern ownership are contained in the America's Army Mission Editor Terms of Use Agreement which is contained in the Mission Editor and in the End User Licenses Agreement (EULA) contained herein

6. Copyright Complaints

Pragmatic respects the intellectual property of others. It is Pragmatic's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Pragmatic will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Pragmatic may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Pragmatic will terminate access for subscribers and account holders who are repeat infringers.

Notifying Pragmatic of Copyright Infringement:

To provide Pragmatic notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of legal@pr-sol.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Pragmatic with Counter-Notification:

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Pragmatic with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at legal@pr-sol.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

7. Privacy Policy

Is available at www.aamissiondepot.com/privacy (the "Privacy Policy"), which is incorporated by this reference.

8. Indemnity

You will indemnify and hold harmless Pragmatic, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

9. Warranty Disclaimers

You acknowledge that Pragmatic has no control over, and no duty to take any action regarding: which users gain access to the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pragmatic from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Pragmatic makes no representations concerning any content contained in or accessed through the Website, and Pragmatic will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. THE SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pragmatic has no control over such sites and resources, you acknowledge and agree that Pragmatic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pragmatic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Be aware that the www.aamissiondepot.com Privacy Policy does not apply to any websites which may be accessed through the www.aamissiondepot.com Website.

11. Limitation of Liability

IN NO EVENT SHALL PRAGMATIC OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.

12. Termination

Pragmatic may terminate or suspend any and all Services and your access to the Website, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Pragmatic in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Pragmatic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pragmatic's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Pragmatic's prior written consent. Pragmatic may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California. Notwithstanding the foregoing sentence, (but without limiting Pragmatic's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jintly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

 

End User License Agreement (EULA)

IMPORTANT- READ CAREFULLY: This End User License Agreement ("EULA") is a legal Agreement between you ("Contributor") and Pragmatic Solutions, Inc. All users of this website "Mission Depot", and those who use our services - must comply with this EULA. Your violation of this EULA may result in the suspension or termination of this Agreement. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THIS WEBSITE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. This EULA should be read in conjunction with the other policies posted on aamissiondepot.com.

In consideration of the mutual promises herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Contributor is ultimately responsible for any and all activity that originates from your computer regardless of Contributor's knowledge of such activity. This includes but is not limited to activity by other guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that Contributor takes proper precautions to ensure the security of their computer. Contributor is liable and accountable for any activity originating from their account that is deemed to be in violation of our EULA.

Pragmatic Solutions, Inc. may also from time to time withdraw, suspend, or change the EULA or any part thereof. Such changes will take effect as from such date as Pragmatic Solutions, Inc. may determine. Pragmatic Solutions, Inc. will notify Contributor of such changes through written notice, electronic mail, aamissiondepot.com website or such other form as Pragmatic Solutions, Inc. may deem appropriate. Contributor agrees that the display of the revised EULA on aamissiondepot.com website will constitute notice of the changes. Contributor's continued use of the service will constitute acceptance of the changes.

Definitions:

1. The following definitions shall apply in this Agreement:
   1. The term "America's Army Game website" shall mean the Mission Depot website.
   2. The term "Game" shall mean America's Army®: Operations and America's Army: Special Forces, including all updates, add-ons, special editions and enhancements thereto created by Department of the Army ("DA") and all versions of said game released by DA on all PC computer platforms. This definition applies only to DA created products and specifically excludes any PC or console game title(s), or any other licensed third party which incorporates the Licensed Trademarks as defined herein.
   3. The term "Honor Servers" shall mean authorized Game servers that enable Contributors to accrue experience points while playing the Game.
   4. The term "Non-Honor Servers" shall mean authorized Game servers that do not allow Contributors to accrue experience points while playing the Game.
   5. The term "Game Servers" shall mean both the Honor Servers and Non-Honor Servers.
   6. The term "Mission Editor" shall mean the Map Editor tool created by Department of the Army ("DA").
2. Capitalized terms used in this Agreement and not otherwise defined have the meanings ascribed to them in the original Agreement or EULA.

Description of Services:

3. Grant of License:
   1. Contributor in conjunction with license grant as specified in the America's Army Mission Editor Terms of Use may use the Mission Depot website to submit content including maps, missions, levels, screen captures and descriptions.
   2. In the event Contributor violates this EULA, Pragmatic Solutions, Inc. shall have the right to terminate this Agreement immediately and seek specific performance, injunctive and/or equitable relief, in addition to any other available remedies.
   3. All rights not expressly granted Contributor in this Section are reserved by Pragmatic Solutions, Inc.
4. Rights and Responsibilities:
   1. Contributor does not convey ownership rights of any map, mission, level, screen capture or description to Pragmatic Solutions, Inc., but is subject to the terms of the America's Army Mission Editor Terms of Use.
   2. Contributor shall use Mission Depot for authorized purposes only, solely in conjunction with submitting content in connection with the Mission Editor.

Representations and Warranties:

5. Warranties:
   1. Contributor acknowledges and accepts that Pragmatic Solutions, Inc. is not in control of the Mission Editor, and thus can not be liable for any problems with its use.
   2. Each party warrants that it has the full right, power and authority to enter into and fully perform its obligations under this Agreement and grant the rights and licenses granted by it in this Agreement. No warranties or representations regarding Pragmatic Solutions, Inc.'s ownership of the Game or Mission Editor are made by Pragmatic Solutions, Inc. other than that the information provided to Contributor by Pragmatic Solutions, Inc. is true and accurate to the best of its knowledge. Pragmatic Solutions, Inc. shall not be liable to Contributor as the result of activities by Contributor hereunder for infringement of any patent, copyright, trademark or other intellectual property or privacy right belonging to any third party, or for damages or costs involved in any proceeding based upon any such infringement, or for any royalty or obligation incurred because of any patent, copyright or trademark held by a third party.
6. Disclaimer of Actions Caused by and/or Under the Control of Third Parties:
   1. Pragmatic Solutions, Inc. does not control the flow of data from the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations which Pragmatic Solutions, Inc.'s Contributors connections to the internet (or portions thereof) may be impaired or disrupted. Pragmatic Solutions, Inc. cannot guarantee that these events will not occur and therefore disclaims any and all liability resulting from or related to such events.
   2. Contributor acknowledges and accepts that Pragmatic Solutions, Inc. is not in control of the release schedule of the Game and its associated patches and operating system releases, and thus can not be held liable for the failure of any release or the delay of any release.
   3. System Requirements:
      1. Contributor is responsible for ensuring that all personal computer(s) and other related accessories and systems meet the service's minimum system requirements as may be stipulated by Pragmatic Solutions, Inc., and that they are compatible and may properly function and inter-operate with the equipment, the service and the network. Pragmatic Solutions, Inc. shall not be liable for any equipment, service or network failure or performance degradation resulting from the non-compliance of such requirements as set by Pragmatic Solutions, Inc. from time to time. Contributor acknowledges and accepts that certain applications are not supported by the service.
      2. Any service failure due to subsequent changes to the system configuration after successful installation is Contributor's sole responsibility. Any Charges as a result of rectifying such fault caused by Contributor or any third parties will be borne by Contributor.
7. For any breach of Warranties contained in this section which remains uncured for thirty (30) days, Contributor's exclusive remedy, and Pragmatic Solutions, Inc.'s entire liability shall be the right of Contributor to terminate this Agreement.

Indemnification

8. Contributor agrees to indemnify and hold Pragmatic Solutions, Inc. harmless against any claim, demand, suit or judgment, including reasonable attorney's fees, which may be levied against it as a result of Contributor's actions or a violation of the terms of this Agreement.

Limitation of Liability:

9. NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), OR FOR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE ONLY POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR INDEMNIFICATION FOR ANY WILLFUL MISCONDUCT BY A PARTY. PRAGMATIC SOLUTIONS, INC. ENTIRE LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE THE TERMINATION OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY.

Term and Termination:

10. Either party may terminate the Agreement upon written notice if the other party breaches its obligations hereunder and such breach remains uncured for thirty (30) days following written notice to the breaching party.
11. This Agreement shall remain in full force and effect from the commencement date for a period of one year, unless the Agreement is terminated sooner by either party as provided herein. This Agreement may be renewed for additional periods at the end of said term upon the mutual agreement of the parties.
12. Pragmatic Solutions Inc. may terminate this Agreement if Pragmatic Solutions, Inc's authority to authorize or offer Game Servers for the America's Army Game is terminated.

Effect of Termination:

13. Termination of this Agreement shall not limit either party from pursuing any other remedies available to it, including injunctive relief.

International Use

14. Recognizing the global nature of the Internet, Contributor agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Contributor agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Privacy Policy:

15. The privacy policy located at aamissiondepot.com shall be incorporated herein. Pragmatic Solutions, Inc. may also from time to time withdraw, suspend, or change the privacy policy or any part thereof. Such changes will take effect as from such date as Pragmatic Solutions, Inc. may determine. Contributor's continued use of the service will constitute acceptance of the changes.

Force Majeure:

16. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of riots, insurrection, fires, flood, storm, explosions, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause which is beyond the reasonable control of such party.

Waiver:

17. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Applicable Law:

18. This Agreement shall be governed by the laws of the State of California, without reference to any rules regarding choice of law. The parties hereby agree that California state courts or a Federal District Court located in Los Angeles, California shall have exclusive jurisdiction over any controversy arising under this Agreement. Pragmatic Solutions, Inc. may institute legal action in any appropriate jurisdiction.

Severability:

19. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
    
    By consenting to this Agreement you have also agreed to the Terms of Use Agreement contained in the America's Army Mission Editor that states as follows:
    
    AMERICA'S ARMY MISSION EDITOR TERMS OF USE AGREEMENT
    
    This AMERICA'S ARMY MISSION EDITOR TERMS OF USE AGREEMENT ("Agreement") is made between the U.S. Army and Contributor as a requirement for receiving the America's Army Mission Editor ("Mission Editor"). It is expected that Contributor may download the Mission Editor; create a Map using the Mission Editor and upload the Map, which will be named by the Contributor, to the America's Army Game website. For purposes of this Agreement, a Map is a level of the America's Army Game and may be interchangeably called Missions or Levels.
    
    Accordingly, by clicking below, I further agree that in return for the right to use the Mission Editor, I will convey and assign to the U.S. Army all right, title and interest in any Map I may create using the Mission Editor, if the U.S. Army wishes to use my Map. I reserve unto myself a personal, nonexclusive, fully paid up license to use a Map I may create using the Mission Editor, for my non-commercial purposes.
    
    I represent and warrant that:
    1. The uploaded Map will be my original work;
    2. I am of majority age and otherwise competent to enter into contracts; NOTE: Refer to attached Appendix I for a list of each state's recognized age of majority.
    3. I will not utilize any open source code in the development of my Map;
    4. I am not a graduate student or otherwise under any obligation to assign rights to another in any Map I may create using the Mission Editor;
    5. I will not utilize my employer's equipment in the development of my Map.
    
    
    By clicking, I AGREE, below:
    1. I represent that I have read and fully understand this Agreement;
    2. I agree to be bound by this Agreement; and
    3. I understand that any maps or scenarios or contributions that I may upload will be to the America's Army Game website.

 

APPENDIX I

US Jurisdictions - Age of Consent

United States - Age of majority is state, territorial and commonwealth jurisdiction, except for purposes of U.S. federal law and the District of Columbia (which is subject to the supervisory jurisdiction of the federal government). Usually 18.

• Alabama - 19
• Alaska - 18
• American Samoa - 18
• Arizona - 18
• Arkansas - 18; or if still in high school at 18, upon graduation
• California - 18; or if still in high school at 18, upon graduation or reaching age 19, whichever be sooner
• Colorado - 18
• Connecticut - 18
• Delaware - 18
• District of Columbia - 21
• Florida - 18
• Georgia - 18
• Guam - 18
• Hawaii - 18
• Idaho - 18
• Illinois - 18
• Indiana - 18
• Iowa - 18
• Kansas - 18
• Kentucky - 18; or if still in high school at 18, upon graduation or reaching age 19, whichever be sooner
• Louisiana - 18; or if still in high school at 18, upon graduation or reaching age 19, whichever be sooner
• Maine - 18
• Maryland - 18
• Massachusetts - 18
• Michigan - 18
• Minnesota - 18
• Missouri - 18
• Mississippi - 21
• Montana - 18
• Nebraska - 19
• New Hampshire - 18
• New Mexico - 18
• Nevada - 18; or if still in high school at 18, upon graduation or reaching age 19, whichever be sooner
• New Jersey - 18
• New York - 18
• North Carolina - 18
• North Dakota - 18
• Northern Marianas Islands - 18
• Ohio - 18 or upon graduation from high school, whichever be earlier
• Oklahoma - 18
• Oregon - 18
• Pennsylvania - 18
• Puerto Rico - 18
• Rhode Island - 18
• South Carolina - 18
• South Dakota - 18
• Tennessee - 18; or if still in high school at 18, upon graduation
• Texas - 18
• U.S. Virgin Islands - 18
• Utah - 18 or upon graduation from high school, whichever be earlier
• Vermont - 18
• Virginia - 18; or if still in high school at 18, upon graduation
• Washington - 18
• West Virginia - 18
• Wisconsin - 18; or if still in high school at 18, upon graduation or reaching age 19, whichever be sooner
• Wyoming - 19

Complete Agreement:

20. This Agreement constitutes the complete agreement between the parties on the subject matter identified herein. Any modifications or alterations to this Agreement must be made in writing and signed by both parties.

 

Rev. 12/20/2006