API and Application Policy

API and Application Policy

1 ) Compliance with Terms. You may use the HVZ API, and the data,
content, and information made available through the HVZ API (“API
Data”), in connection with a website or software application
(“Client”) developed by You only in accordance with the terms and
conditions of this Agreement, the HVZ Terms of Service, the HVZ
privacy policy and the developer credentials and API Key assigned to
you by Gnarhwal studios. We may monitor Your use of our API to ensure
quality and verify Your compliance with these terms. You shall not
interfere with such monitoring or otherwise obscure from Gnarhwal use
of the HVZ API. We may use any technical means to overcome such
interference. Agreement with these terms constitutes a provisional
licence for use of our API. Gnarwhal stuidios reserves the right to
revoke said provisional licence for any reason. By Accepting this
licence you agree to absolve us from litigation, acknowledge Gnarwhal
stuidio’s trademarks, and assert that you have the right to use any
trademarked used alongside Gnarwhal Studio’s trademarks. Finally
acceptance of this license acknowledges Gnarwhal Studio’s ownership
of HVZ game data, and agrees that a licence is required to be used in
any fashion.

2 ) Commercial Use. You agree not to use the HVZ API for any of the
following commercial uses unless You obtain Gnarwhals stuido’s prior
written approval: the sale of the HVZ API, API Data, or related
services, or access to any of the foregoing; the sale of advertising,
sponsorships, or promotions placed on or within the HVZ game data
content; or the sale of advertising, sponsorships, or promotions on
any page of the API Client containing HVZ game data, unless other
content not obtained from the HVZ api appears on the same page and is
of sufficient value to be the basis for such sales. The following
commercial uses are permitted provided that You comply with all other
terms and conditions of this Agreement: the sale of an API Client;
using the HVZ API to show HVZ game data on an ad-enabled API Client
(such as an ad-enabled blog or website), subject to the advertising
restrictions set forth above in Section 2; the placement of Your own
branding on the API Client, provided that it does not interfere with
any Gnarwhal Studio’s branding; the sale or distribution of any
device that contains or runs an API Client; or any use that Gnarwhal
Studio’s expressly authorizes in writing.

3 ) Caching. Your Client may employ session-based caching solely of
HVZ API results, but You must use commercially reasonable efforts to
cause Your API Client to update cached results upon any changes in
game data. Your API Client shall not be designed soley to cache HVZ
game data.

4 ) Usage and Quotas. Gnarwhal may, in its sole discretion, set a
quota of operations on Your HVZ API usage. You shall not attempt to
circumvent automated use-quota restrictions.

Your API Client will not, and You will not encourage or create
functionality for Your users or other third parties to: collect or
modify any HVZ user account information; interfere or attempt to
interfere in any manner with the proper workings of the HVZ API, or
create or distribute any API Client that adversely affects the
functionality or performance of HVZ or services provided by Gnarwhal
Studios; circumvent or render ineffective any geographical
restrictions, including IP address-based restrictions; sell, lease,
lend, convey, redistribute, or sublicense to any third party all or
any portion of the HVZ API or API Data modify or replace the text,
images, or other content of the HVZ game data, including (i) changing
the order in which game data results are presented (ii) intermixing
sources other than the HVZ api when search results are presented as
HVZ game data results; modify, replace or otherwise disable the
functioning of links to HVZ or third-party websites provided in the
HVZ Game Data or otherwise provided through the HVZ API modify,
replace, interfere with or block advertisements placed by Gnarwhal
Studio’s in the HVZ Game Data; access any portion of any HVZ game
data by any means other than use of a method authorized by Gnarwhal
studios; store copies of HVZ game data; misrepresent your identity
when registering for use of the HVZ API, use the developer
credentials licensed to a different individual or entity, or mask
Your usage of the HVZ API

5 ) Brand Feature Rules. The HVZ brand means the trade names,
trademarks, service marks, logos, domain names and other distinctive
brand features of Humans Vs Zombies. If your API client is released
for free and/or is licenced under one of the Open Source Initiative
approved licences (open the Gnarwhal grants You a non-exclusive
license to use the HVZ Brand in connection with their display on or
through the API Client and for promotional purposes. We may terminate
Your license to use the HVZ Brand at any time for any or no
reason. Goodwill in the HVZ Brand Features will inure only to
Gnarwhal’s benefit and You obtain no rights with respect to any of
them. You irrevocably assign and will assign to Gnarwhal any right,
title and interest that You obtain in any of Gnarwhal’s Brand
Features. You shall not at any time challenge or assist others to
challenge Gnarwhal’s Brand Features or their registration (except to
the extent You cannot give up that right by law) or attempt to
register any trademarks, marks or trade names confusingly similar to
Gnarwhal’s. This paragraph survives any termination or expiration of
this Agreement.

6 ) Deprecation. If Gnarwhal in its discretion chooses to cease
providing the current version of the HVZ API, whether through
discontinuation of the HVZ API or by upgrading the HVZ API to a newer
version, the current version of the HVZ API will be deprecated and
become the Deprecated Version of the HVZ API. Gnarwhal will issue an
announcement if the current version of the HVZ API will be
deprecated. No new features will be added to the Deprecated Version of
the HVZ API.Gnarwhal reserves the right in its discretion to cease
providing all or any part of the Deprecated Version of the HVZ API
immediately without any notice

7 ) Usage and Quotas. Gnarwhal may, in its sole discretion, set a quota
of operations on Your HVZ API usage. You shall not attempt to
circumvent automated use-quota restrictions.

Random Legal Stuff

1 ) Compliance with Laws. You are responsible for
complying with all applicable laws, rules and regulations, all
third-party rights and all Gnarwhal policies. You shall not use the
HVZ API in a manner that violates such laws, rules and
regulations, third parties’ rights or any Gnarwhal policies or in a
manner that is deceptive, unethical, false or misleading.

2 ) No Implied Rights. Except as expressly granted herein,
neither party through this Agreement grants the other party any
intellectual property rights or other propriety rights. As between You
and Gnarwhal, its corporate affiliates, and its applicable
licensors retain all intellectual property rights (including all
patent, trademark, copyright, trade secret, and other proprietary
rights) in and to the HVZ API and its documentation and
specifications, all HVZ websites and all HVZ services and any
derivative works in connection therewith. For the avoidance of doubt,
You retain all rights in and to Your API Client, excluding foregoing
HVZ materials and intellectual property. All license rights
granted herein are not sublicensable, transferable or assignable
unless otherwise stated herein.

3 ) Non-exclusive. This Agreement is a
non-exclusive agreement. You acknowledge that Gnarwhal may be
developing and may develop products or services that may compete with
this HVZ API, API Clients or any other products or services.

4 )Publicity. You agree that Gnarwhal may use Your company, organization,
or product name and/or logo in presentations, marketing materials,
customer lists, financial reports, website listings of customers,
research and marketing case studies and other marketing-related
activities. You may not issue any public announcement regarding Your
use of the HVZ API which suggests partnership with Gnarwhal without
Gnarwhal’s prior review and written approval, at Gnarwhal’s sole
discretion.

5 ) Confidentiality. You shall not disclose Your developer
credentials or Your API Client IDs to any third party except Your
agent(s) using such information solely on Your behalf in accordance
with this Agreement and under a written duty of confidentiality. You
shall not disclose Gnarwhal’s Confidential Information to any third party
without Gnarwhal’s prior written consent. “Gnarwhal’s Confidential
Information” means all non-public Gnarwhal’s software, technology,
programming, and specifications relating to the HVZ API, and any
other information designated in writing by Gnarwhal as “Confidential”
or an equivalent designation.

6 ) Indemnification. You shall indemnify, defend
and hold Gnarwhal, its agents, affiliates, and licensors harmless from
any claim, costs, losses, damages, liabilities, judgments and expenses
(including reasonable fees of attorneys and other professionals),
arising out of or in connection with any claim, action or proceeding
(any and all of which are “Claims”) by a third party arising out of
Your use of the HVZ API in any manner that breaches this Agreement
or otherwise arising out of materials or technology contributed by You
and not by Gnarwhal.

7 ) Termination. Any licenses contained
in this Agreement will terminate automatically without notice if You
fail to comply with any provision of this Agreement. Gnarwhal reserves
the right to terminate this Agreement or discontinue the HVZ API
or any portion or feature thereof for any or no reason and at any time
without liability to You. Upon any termination or notice of any
discontinuance, You shall immediately stop and thereafter desist from
using the HVZ API and delete all API Data in Your possession or
control (including, without limitation, from Your servers). Gnarwhal
may independently communicate with any account owner whose account(s)
are associated with Your API Client IDs and developer credentials to
provide notice of both the termination of Your right to use the
HVZ API and the display of any advertisements associated with Your
API Clients.

8 ) Modification. Gnarwhal may modify
any of the terms and conditions contained in this Agreement at any
time and in its sole discretion by posting a change notice to Your
account, changing these terms and conditions, emailing to the email
address of Your account or account associated with Your developer
credentials or otherwise notifying You. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED USE OF THE HVZ API, CONTINUED POSSESSION
OF A COPY OF NON-PUBLIC HVZ API DOCUMENTATION AND SPECIFICATIONS
OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW
AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THECHANGE.

9 ) Disclaimer and Limitation of Liability. GNARWHAL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. GNARWHAL
SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY,
PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.

10)Release. You hereby release and covenant not to sue Gnarwhal and its corporate
affiliates and any of their officers, directors, employees, agents,
shareholders, licensors, licensees, assigns or successors, for any and
all damages, liabilities, causes of action, judgments, and claims (a)
pertaining to any intellectual property You develop that is based on,
uses, or relates to the Gnarwhal API; and (b) which otherwise may
arise in connection with Your use of, reliance on, or reference to the
HVZ API. If You are a California resident, You waive California
Civil Code 1542 which says: “A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.”