FrayToolsEnd User License Agreement

By downloading or using the “FrayTools” software development kit, tools, and related content (collectively the “FrayTools Software”) provided by McLeodGaming Inc. (“McLeodGaming”), you agree to be bound by this Agreement’s terms. If you do not or cannot agree to this Agreement’s terms, do not download or use the FrayTools Software. The Agreement becomes effective as of the date you download the FrayTools Software.

If you are entering into this Agreement on behalf of a legal entity, you represent that you have the legal authority to bind that entity to this Agreement and for the purposes of this Agreement, “you” will mean the entity you represent.

  1. License Terms

McLeodGaming hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use, display, perform, and distribute the FrayTools Software (the “License”), subject to the terms of this Agreement. The License to the FrayTools Software is for use by a single end user, so while you may store a copy of the FrayTools Software on any of your computers, you may not share the FrayTools Software with others except as described in this Agreement. 

Additionally, you acknowledge and agree that the License does not grant you any title, copyright, or ownership in the FrayTools Software, nor does it explicitly grant you copyright, title, or ownership over any content produced using the FrayTools Software. 

  1. FrayTools Software Distribution and Use

You may only distribute the FrayTools Software in an unmodified form (as McLeodGaming originally provided), and any distribution must be free of charge without any paywall or other payment requirement. You may distribute content that you have made using the FrayTools Software (your “Content”) to other users, for commercial or non-commercial purposes.

You may not modify, alter, decompile, disassemble, reverse engineer, reverse compile, or otherwise reduce to human readable form any part of the FrayTools Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the FrayTools Software. You may not use or attempt to use the FrayTools Software to create, provide, document, instruct, or distribute methods of circumvention to bypass copy-protection, DRM, or other similar protections of the FrayTools Software or any other software related to the FrayTools Software.

If you include any additional or third-party software, content, or assets that are required for other users to use or display your Content, you are solely responsible for complying with the license terms of any such additional or third-party software, content, or assets. 

You may not create or distribute any Content using the FrayTools Software, which infringes on any copyright or trademark, or that is libelous, defamatory, harassing, or threatening to others, or violates the intellectual property rights of any other party, including McLeodGaming, and you will comply with all applicable laws in connection with the creation or distribution of Content. 

McLeodGaming is not responsible for your Content or its constituent materials, or the license of any additional software, content, or assets that you include, and the terms of the Indemnity section of this Agreement apply.

  1. Restrictions

You agree that you will not do any action in connection with the FrayTools Software, your Content, or any video game software which you use the FrayTools Software or your Content in connection with (the “Games”), which:

  • is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
  • is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
  • encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct;
  • restricts, inhibits, or discourages any other user from using the Games or contains a virus or other harmful component;
  • hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the experience of the Games;
  • violates any local, state, federal or international laws or gives rise to civil liability;
  • violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
  • imposes an unreasonable or disproportionately large load on the Games or otherwise interferes with the Games;
  • claims that that you are affiliated with McLeodGaming when you are not;
  • requests account login information from other users;
  • uses or possesses programs to “crack” the Games or the FrayTools Software;
  • uploads, distributes, or contains files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the FrayTools Software, Content, or Games;
  • restricts or inhibits any user from using and enjoying the FrayTools Software, Content, or Games; or
  • anything else that McLeodGaming, in its sole discretion, deems harmful to the FrayTools Software, Content, or Games or to McLeodGaming’s integrity or business.
  1. Warranties


You assume the entire risk associated with the operation of the FrayTools Software. McLeodGaming does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the FrayTools Software. McLeodGaming makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. McLeodGaming further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the FrayTools Software or your Content. McLeodGaming cannot guarantee the integrity of the FrayTools Software or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the FrayTools Software is loaded and operating.

  1. Limitation of Liability


Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of McLeodGaming and its affiliates will be limited to the fullest extent permitted by law.

  1. Indemnification

You agree to indemnify, defend, and hold harmless McLeodGaming, its licensors, affiliates, employees, officers, and directors from and against all liabilities, losses and expenses, including reasonable attorneys’ fees, arising from any third-party claim relating to or arising from your creation and distribution of Content or your use, modification, and distribution of the FrayTools Software.

  1. Updates and Support

During the term of your License, McLeodGaming may provide access to updates to the FrayTools Software. However, McLeodGaming does not have any obligation to provide updates to the FrayTools Software, nor does McLeodGaming have any obligation to continue to make any FrayTools Software version available for access or download. 

McLeodGaming does not have any obligation to provide support with respect to the FrayTools Software under this Agreement. McLeodGaming does not have any obligation to update, maintain, or continue providing access to any FrayTools Software documentation, and may terminate access to any FrayTools Software documentation at any time.

  1. Feedback

If you provide McLeodGaming with any comments, suggestions, or feedback (together, “Feedback”), McLeodGaming is free to use the Feedback however it chooses, for any commercial or non-commercial use. You understand and agree that McLeodGaming is not required to make any use of any Feedback. You agree that if McLeodGaming makes use of your Feedback, McLeodGaming is not required to credit or compensate you for that Feedback.

You represent and warrant that you have sufficient rights in any Feedback that you provide to McLeodGaming to grant McLeodGaming and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.

  1. Third Party Software

The FrayTools Software was made using, and may include certain third-party software components, including open-source software, which are governed by separate terms (together, the “Third-Party Software”). If any Third-Party Software has separate software license or attribution requirements, the license terms or other attribution requirements for Third-Party Software components can be found in the “About” menu of the FrayTools Software. By entering into this Agreement, you are accepting the terms of those licenses. In this case, the Third-Party Software terms will govern your use of the Third-Party Software, and if there is inconsistency, those terms will take precedence over the terms of the License as far as the Third-Party Software is concerned. You agree that the owners of the Third-Party Software are intended third party beneficiaries to this Agreement in relation to your uses of Third-Party Software. 

  1. Ownership

McLeodGaming owns all right, title, and interest, including all copyrights, trademarks, patents, and other intellectual property rights, in the FrayTools Software, and its source code.

Any content owned by McLeodGaming or another party, prior to your use or modification with the FrayTools Software, remains the property of the respective original owner according to the license terms of that content, and you waive all claim to that content unless explicitly allowed by that content’s license to you. No license or other rights not explicitly granted under this Agreement will be created by implication, estoppel, or otherwise. Any attempted sublicense under this Agreement inconsistent with its terms will be null and void. 

  1. Export Compliance

You agree to comply with all applicable federal and foreign laws, regulations, and rules, and complete any required undertakings. You will obtain any necessary export license or other governmental approval prior to accessing, viewing, downloading, installing, using, distributing, or releasing the FrayTools Software or any Content. You represent and warrant that you do not appear on any United States or European Union list of prohibited or restricted parties.

  1. Term and Termination
    • 12.1 License Term. This Agreement will continue in effect unless terminated as described below.
    • 12.2 Termination by McLeodGaming. McLeodGaming may terminate the Agreement by providing written notice if you breach any material provision of this Agreement. Without limiting the foregoing, your breach of any restriction under the License constitutes a material breach of this Agreement.
    • 12.3 Effect of Termination. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the FrayTools Software and any Content in your possession and cease distributing any Content developed under this Agreement. 
  2. Governing Law and Jurisdiction

The Agreement will be governed by the laws of the State of Pennsylvania. This is the case regardless of whether you reside or transact business with McLeodGaming, or any of its affiliates or agents, in the State of Pennsylvania or elsewhere. Unless a dispute would be governed by the terms of Section 14 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Philadelphia, Pennsylvania, United States.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with McLeodGaming by sending a message via email to In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website:

If that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

  1. Binding Arbitration
Any dispute or claim relating in any way to your use of this Agreement (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.YOU AND MCLEODGAMING AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.To start an arbitration, you must send an email to describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Philadelphia, Pennsylvania, United States, unless the Parties agree to video, phone, or internet connection appearances.Except as otherwise set forth below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and McLeodGaming will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MCLEODGAMING WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.You and McLeodGaming agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
  1. Limitation of Liability
You expressly understand and agree that McLeodGaming is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if McLeodGaming has been advised of the possibility of such damages), resulting from the use or the inability to use the FrayTools Software, Content, or any other matter relating to the FrayTools Software or Content.Any claims arising out of the FrayTools Software and this Agreement are subject to the limitations set forth in this Agreement and may be brought only against McLeodGaming as described in Sections 13 and 14.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of McLeodGaming and its affiliates will be limited to the fullest extent permitted by law.

  1. Miscellaneous

This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and McLeodGaming relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded. 

McLeodGaming may issue an amended Agreement at any time in its discretion by providing an updated Agreement in any future updates to the FrayTools Software. You are not required to accept the amended Agreement. However, in order to continue accessing any version of the FrayTools Software or Content, you must accept the amended Agreement. By downloading or using any updated version of the FrayTools Software or Content, you hereby agree to be bound by the amended Agreement then most recently issued by McLeodGaming. If you do not accept the amended Agreement, you may not download or use any version of the FrayTools Software or Content. If you are a legal entity, acceptance of an amended Agreement by any of your representatives or users will be binding on you.

Any act by McLeodGaming to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.

Nothing in this Agreement (i) creates a partnership between you and McLeodGaming, (ii) establishes either of us as the agent of the other, or (iii) entitles either of us to commit or bind the other.

Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible, and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.

McLeodGaming’s obligations are subject to existing laws and legal process, and McLeodGaming may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.

Your obligations under sections 3, 4, 6, 11, 13, 14, and 15, as well as any sections which by their nature should survive, will survive the termination or expiration of this Agreement.