Request an SDK

Double Fusion is pleased to be able to provide game developers and publishers the opportunity to review and test our Software Development Kit (SDK) and tap into exciting advertising revenue opportunities.

We hope that you'll be as excited as we are by the possibilities our software and services offer. We are confident that you will be enamored with the ease of integration and dynamic advertising formats we have created.

To receive information about our SDK, please fill-in the following form:

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Terms Of Use:	Read Full Agreement
TERMS OF USE OF SOFTWARE USE OF AGREEMENT: This End User License Agreement (this “Agreement”) constitutes a valid and binding agreement between Double Fusion and You, as a user, for the use of the Software. You hereby agree and acknowledge that this Agreement covers all Your use of the Software, by You or by third parties. Furthermore, by downloading and using the Software You agree to be bound by the terms of this Agreement and any new versions hereof. ELECTRONIC SIGNATURES AND AGREEMENT(S): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Double Fusion to show Your approval of any foregoing texts and/or to download the Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into this Agreement, and create other records and to the electronic delivery of notices, policies and records or similar relating to the Software and this Agreement. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law. 1. LICENCE CONDITIONS Subject to the terms of this Agreement, Double Fusion hereby grants You a limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, temporary trial license to download, and use the Software on a single Workstation for the sole purpose of evaluating the Software for application with one or more of your Games (and not for development, prototype, training or any other purpose whatsoever), during the Evaluation Period. After the Evaluation Period the limited license will cease and You shall delete the Software from Your workstation. The Software shall not be used for any commercial or other use whatsoever. You shall not, nor shall you allow a third party to, reproduce, adapt, copy, alter, modify, translate, transmit, distribute, sell, rent, lease, export, reverse engineer, decompile, disassemble, or create derivative works from the Software or any part thereof (including without limitation the related SDK) or otherwise attempt to discover the source code of the Software or any part thereof. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof. 2. INTELLECTUAL PROPERTY You acknowledge and agree that any and all IP Rights to or arising from the Software and anything developed as a result of the use by You thereof are and shall remain the exclusive property of Double Fusion and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the Software granted to You via the limited license in this Agreement. You acknowledge and agree that any unauthorized use of the Software is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation, copyright laws and trademark laws. 3. REPRESENTATIONS You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Software. 4. INDEMNIFICATION You agree to indemnify, defend and hold Double Fusion, Affiliates and Double Fusion’s staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use of the Software of any kind. 5. NO WARRANTY AND LIMITATION OF LIABILITY THE SOFTWARE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; DOUBLE FUSION DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, UNINTERRUPTED OR ERROR-FREE PERFORMANCE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED; OR FITNESS FOR USE OR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DOUBLE FUSION OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE ADDITIONAL WARRANTY. YOUR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT DOUBLE FUISON, ITS AFFILIATES AND STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE, AS SET FORTH BELOW. IN NO EVENT SHALL DOUBLE FUSION, ITS AFFILIATES OR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF DOUBLE FUSION, ITS AFFILIATES OR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS CEASE USE OF SUCH SOFTWARE. UNDER NO CIRCUMSTANCES WILL DOUBLE FUSION BE LIABLE TO YOU FOR ANY MONETARY AMOUNT. Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation. No oral or written information or advice given by Us or Our authorized representatives shall create any additional warranty or in any way increase the scope of this warranty. 6. RELEASE AND WAIVER To the maximum extent permitted by applicable law, You hereby release and waive all claims against Double Fusion and its subsidiaries, Affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to Your use of the Software. If You are a California resident, You waive Your rights under California Civil Code § 1542, which states, "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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. 7. SUPPORT You acknowledge that due to the fact that the license provided herein is for limited evaluation purposes only, We have no obligation to provide support services in respect of the Software. 8. CONFIDENTIALITY You shall maintain in confidence and shall not disclose Our Confidential Information without Our prior written consent. You shall take all steps to ensure that Your employees and agents, and any sub-contractors You engage do not make public or disclose Our Confidential Information, and shall ensure that such persons are bound by written confidentiality obligations that contain no less favorable that those set forth herein. You shall be responsible and liable to Us for any breach of confidentiality by Your employees, agents and/or subcontractors as if such breach was Your own. This clause shall survive termination of this Agreement indefinitely. 9. TERMINATION We may terminate this Agreement immediately at our discretion: (i) upon 48 hours notice to you (including notice provided by e-mail); (ii) if You are in breach of any term of these Terms of Use of Software; and (iii) if You become, threaten or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration. Upon termination of this Agreement, Your license to use and access the Software will terminate immediately and You acknowledge and agree that: (i) all rights in relation to the Software granted to You pursuant to this Agreement shall immediately cease; (ii) You must immediately cease using the Software; and (iii) all copies of the Software in Your possession (if any) must be deleted from your workstation within 24 hours of the date of termination of this Agreement, and You shall forthwith provide Us with a certificate confirming such destruction. 10. GENERAL (a) Integration. The terms and conditions of this Agreement constitute the entire agreement between You and Double Fusion with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. (b) Severability. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. (c) Waiver. The failure of Double Fusion at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Double Fusion. (d) Assignment. You are not allowed to assign this Agreement or any rights hereunder. Double Fusion is allowed at its sole discretion to assign this Agreement or any rights hereunder to any Affiliate or other party, without giving prior notice. (e) Truth of Information. As a condition to Your license of the Software, You guarantee that the contact information You have provided in the previous screen is true, complete and valid, and for the duration of this license You will inform Us of any changes thereto. If the information You have provided as to Your identity is false or becomes false, We shall be entitled, forthwith and without the need to provide You with any prior motive whatsosever, to terminate the license granted to You herein and to obtain injunctive relief against Your use of the Software. (f) Choice of Law. This Agreement will be governed by and construed according to the law of the State of California, without regard to its conflicts of laws. You and We agree to take legal proceedings over these Terms of Use of Software only in the federal or state courts in San Francisco California. (g) Injunctive Relief. You agree that Your obligations provided in this Agreement are necessary and reasonable in order to protect Us, Our Software and our business, and expressly agree that monetary damages would be inadequate to compensate Us for any breach by You of Your covenants and agreements set forth herein. Accordingly, You agree and acknowledge that any such violation or threatened violation will cause Us irreparable injury and that, in addition to any other remedies that may be available in law, equity or otherwise, We shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of such breach by You, without the necessity of proving actual damages. (h) Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Agreement, You and Double Fusion be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Double Fusion, express or implied, and You shall not attempt to bind Double Fusion to any contract. (i). You will comply with any required license, export classification, or other approval from any Government organization required for the export or import, either directly or indirectly, of the Software in whatever jurisdiction You are in. 11. DEFINITIONS “Affiliates” means any corporation or other business entity controlled by, controlling, or under common control with Double Fusion. For this purpose, "control" means direct or indirect beneficial ownership of at least fifty (50) percent of the voting stock, or at least fifty (50) percent interest in the income of such corporation or other business, or control of at least fifty (50) percent of the board of such entity. "Confidential Information" means all confidential information belonging to Us which relates to the terms and subject matter of this Agreement and includes, without limitation, information relating to Our data, the Software, the Software code and all technology, programming, specifications, materials, guidelines and documentation relating thereto, and Our personnel, policies, clientele or business strategies. “Games” means the interactive software games that Double Fusion has agreed will be the subject of the evaluation of the Software. "Party" means either You or Us as the context dictates. "Software" means either (i) the Double Fusion Software Development Kit, or (ii) the Runtime™ software system, each as may be provided in Double Fusion’s sole discretion, and in either case to be used by You under these Terms of Use of Software. "Terms of Use of Software" means these terms and conditions for access to and use of the Software. "We" or "Our" or "Us" means Double Fusion Inc. "Workstation" means one terminal or computer machine. "You or "Your" means the party seeking to access and use the Software pursuant to these Terms of Use of Software. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO DOWNLOAD THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO DOUBLE FUSION THE RIGHTS SET FORTH HEREIN.
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