Developer Network

Terms of Use

Zone Five Software has developed the SportTracks Plugin API to empower our developer community and business partners to build valuable businesses around the analytical and data management capabilities of the SportTracks software application. We aim to support a wide variety of device vendors and encourage development innovation while at the same time protecting both Zone Five Software and our users’ rights.

To provide guidance to these efforts we have developed this Terms of Use ("Agreement") that applies to all developers using the SportTracks Plugin API. If you are doing something prohibited by this Agreement, please talk to us about whether we should make changes or give you an exception.

API Access

All use of the SportTracks Plugin API provided by Zone Five Software is subject to and must comply with this Agreement.

The SportTracks Plugin API consists of the public classes, interfaces, and methods within the API assemblies: Common.Data and Common.Visuals, all documentation, sample tutorials and sample project source code.

You may use the SportTracks Plugin API to develop freeware, donationware, shareware, or commercial extensions to the base functionality of SportTracks via a "Plugin" as provided by the terms in this Agreement. Your Plugin may extend the types of data imported or exported, devices which are supported, websites or external data sources that can be imported or exported to, and features within the SportTracks application to view and analyze data such as adding new views, detail pages, or view actions, weather, calorie calculation or map providers, or other functions supported by the SportTracks Plugin API.

You may promote Your Plugin or associated products with the "Works With SportTracks" or "A SportTracks 3 Plugin" branding marks as described in the branding guidelines document.

Limitations

Your use of the SportTracks Plugin API must conform to the following limitations:

(a) You may not sell, rent, lease, sublicense or redistribute any part of the SportTracks Plugin API.

(b) Your will access the SportTracks Plugin API only through approved methods as described in the API documentation and limited to the Common.Data and Common.Visuals assemblies. You will not access any private classes or methods, or use mechanisms such as reflection to construct objects or perform method calls outside of the approved API.

(c) Any use of the SportTracks Plugin API outside of the SportTracks application will be strictly prohibited. Any assembly which uses the API must run within the execution context of the SportTracks application.

(d) Your Plugin will adhere to any stated limitations of user functionality while in trial mode, whether or not the SportTracks Plugin API strictly prevents this limitation.

(e) You may not create a solution which launches the SportTracks application, invokes your software at application startup (outside of the provisions of the SportTracks Plugin API), or otherwise seems to make the SportTracks software application part of or integrated with your software.

(f) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SportTracks application or SportTracks Plugin API.

(g) When user information or data will be stored, presented, or accessed outside of the SportTracks application or the user’s locally stored logbook You will provide the user with appropriate warnings and notification of this and will attain the user’s permission to perform these operations.

(h) You will not use the Zone Five Software or SportTracks marks in any way to create a sense of endorsement, sponsorship, or false association with Zone Five Software, except as explicitly allowed in the branding guidelines.

(i) You will not use the SportTracks Plugin API to spam users, create viruses or other malware.

Other Legal Terms

Authority to Accept Terms

You represent that you have full power, capacity, and legal authority to accept the terms in this Agreement. If you are accepting on behalf of an employer or another entity, you represent that you have full legal authority to bind your employer or such entity to this Agreement. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts this Agreement.

Intellectual Property Ownership

Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other proprietary rights. As between You and Zone Five Software, Zone Five Software, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret and other proprietary rights) in and to the SportTracks Plugin API and its documentation and specifications. All license rights granted herein are not sublicensable, transferrable or assignable unless otherwise stated herein.

Confidentiality

You may be given access to certain non-public information, software, documentation and specifications related to the SportTracks Plugin API, which is confidential and proprietary to Zone Five Software. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Zone Five Software’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

Termination

You may terminate any license at any time by ceasing your access to the SportTracks Plugin API, removing any code related to the API, and discontinuing the distribution of software based on the API. Zone Five Software may immediately suspend access to the API at any time, and without notice to you if you breach any term or condition in this Agreement or otherwise engage in activities that Zone Five Software reasonably determines are likely to cause liability to Zone Five Software.

Modification

Zone Five Software may update or modify the SportTracks Plugin API, rules and other terms and conditions from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you via email. You acknowledge that these updates and modifications may adversely affect how your software operates with the SportTracks Plugin API. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the SportTracks Plugin API.

Warranties & Disclaimer

The SportTracks Plugin API may contain inaccuracies or errors that could cause failures or data loss and it may be incomplete. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE API IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE API IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZONE FIVE SOFTWARE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE API, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ZONE FIVE SOFTWARE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE API, THAT THE API WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE API WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE API WILL BE CORRECTED, OR THAT THE API WILL BE COMPATIBLE WITH FUTURE ZONE FIVE SOFTWARE PRODUCTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZONE FIVE SOFTWARE OR ITS EMPLOYEES WILL CREATE A WARRANTY. SHOULD THE API PROVIDE DEFECTIVE, YOU WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR OR CORRECTION.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ZONE FIVE SOFTWARE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE API, OR YOUR DEVELOPMENT EFFORTS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF ZONE FIVE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL ZONE FIVE SOFTWARE’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

Indemnification

To the extent permitted by lay, You shall indemnify, defend and hold Zone Five Software, its agents, officers and employees 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 by a third party arising out of Your use of the SportTracks Plugin API in any manner that breaches this Agreement, infringes on any third party intellectual property or proprietary rights, or otherwise arising out of materials or technology contributed by You and not by Zone Five Software.

In no event may You enter into any settlement or agreement with a third party that affects Zone Five Software’s rights in any way, without the prior written consent of Zone Five Software.

Miscellaneous

You agree that Zone Five Software may collect and use technical and related information, including but not limited to information about Your plugins, that is gathered periodically to facilitate software updates to You related to the API, and to verify compliance with the terms of this Agreement. Zone Five Software may use this information to improve the API, our products or services or technologies to You and our customers.

This Agreement may not be assigned, or may any of Your obligations under this Agreement be delegated, in whole or in part by You by operation of law, merger, or other means without Zone Five Software’s express prior written consent and any attempted assignment without such consent will be null and void.

Nothing in this Agreement will be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between You and Zone Five Software, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

Failure by Zone Five Software to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of the contract will be construed against the drafter will not apply to this Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting this Agreement.

Any litigation or other dispute resolution between You and Zone Five Software arising out of or relating to this Agreement, the API, or Your relationship with Zone Five Software will take place in the State of North Carolina, and You and Zone Five Software hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of North Carolina. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

This Agreement constitutes the entire agreement between the parties with respect to the use of the SportTracks Plugin API licensed hereunder and supersedes all prior understandings regarding such subject matter.

Rev 06-25-10