- MEMORY TRACKER by ProCogny
Effective date: June 3, 2021.
Terms and Conditions:
Payment schedules, privacy issues, third-party service providers (including Ads), fees and costs, dispute resolution, requesting refunds, use of associated websites (procogny.com), and EULA.
The United States US Children’s Online Privacy Protection Act (COPPA) and Who May Use the Application and Services?
Visual and auditory elements contained in this App are NOT intended to contain nudity, violence, coarse language, or sexually suggestive situations. Icons selected for this App are used to challenge color and pattern recognition, including country flags and ancient iconography. The inclusion of any icons in this App should not be taken as an endorsement or commentary of any sociological, religious, and political ideology or meaning that may be inferred from viewing those images.
Health warning. During App use, visual elements will flash on the screen and sounds will play. Anyone with an adverse response to those stimuli, including but not limited to seizure, should stop playing immediately and consult a physician. This game should not be played in situations where they may distract you from important functions, such as driving a car, walking across a street, or other activities that require significant attention. You accept full responsibility for any adverse effects resulting from use or misuse of this App.
Restrictions on Use. You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connections with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Leucadia or its affiliates, partners, suppliers, or licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Mobile Device at a time or on any other Mobile Device or Computer; (g) distribute the Application to multiple Mobile Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for our services, product or software offered by Leucadia or its affiliates; (j) use the Application to send automated queries of any website or to send and unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of Leucadia or other intellectual property of Leucadia in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
License Terms. Leucadia grants You a revocable, non-exclusive, non-transferable, limited right to install and use the App on a single Mobile Device owned and controlled by You, and to access and use the App on such a Mobile Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Mobile Device (collectively “Related Agreements”). The software included in the Service is licensed, not sold, to you for use only pursuant to the Terms in connection with your use of the Service. We reserve all rights not expressly granted to you. Subject to your ongoing compliance with these Terms, we grant you a non-exclusive, personal, limited, revocable, non-transferable license to use the Service on compatible devices you own or control for your personal, entertainment use. This license includes the right to download and use the software we make available for download as part of the Service, in object code form only. You may not rent, lease, lend, sell, redistribute, or sub-license the Service, including software. You may not copy, compile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any underlying software or technology (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technical measure designed to protect the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by us that replace and/or supplement any part of the Service, unless such upgrade is accompanied by a separate license in which case that license will govern.
Disclaimers. You agree that the use of ProCogny Software is at your own sole risk and that the Software is provided on an “as is”, “as available”, basis, without warranties or guarantees of any kind. The maximum possible legal extent, regarding ProCogny, including any implied warranties of fitness for a particular purpose, or non-infringement. If you are a resident of California, you hereby waive California Civil Code1452: “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.” This release includes the criminal acts of others.
Limitation of Liability. In no event shall Leucadia Therapeutics Inc, ProCogny, or its affiliates, officers, or employees be liable, with respect to ProCogny Software, for any amount in excess of the fees paid by you to subscribe to the App, including lost data or failure to meet any duty including without limitation good fail and reasonable care arising out of your access to or use of the Software, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the agreement between Leucadia and you. YOU UNDERSTAND THAT THE SOFTWARE WILL NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. If you reside in a jurisdiction where these limitations do not apply to you, you should NOT use the Software.
Digital Millennium Copyright Act. We comply with provisions of the DMCA applicable to service providers and App publishers. If you have any complaints about material on MEMORY TRACKER by ProCogny, you may contact our designated agent by email at:
You must include the following information in your complaint:
– a description of the copyrighted work or other intellectual property that you claim has been infringed;
– a description of the material that you claim is infringing, which ProCogny App contains the material in questions, and where it is located;
– your mailing address, telephone number, and if available, email address;
– a statement by you that you have a good faith belief that the use of the material on ProCogny is not authorized by the copyright owner, its agent, or the law;
– a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.