Tournament Poker Clock

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END-USER LICENSE AGREEMENT (EULA)

NOTICE TO USERS: PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.  THE PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR FULL USE OF THE SOFTWARE. ALL REFERENCES TO “SOFTWARE” HERIN SHALL INCLUDE THE SOFTWARE KEY.

By installing, copying, downloading, accessing or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this EULA.  If YOU do not agree to the terms of this EULA, YOU may not use or copy the SOFTWARE.

1.	GRANT OF LICENSE FOR REGISTERED USERS 
Subject to the payment of the applicable license fees, POKERHOSTPRO grants YOU a non-exclusive, non-transferable license to use one copy of the SOFTWARE with which this license is distributed, including any documentation files accompanying the SOFTWARE ("User Guide") on a single personal computer or server to support one simultaneous user, and to make a limited number of backup copies of the SOFTWARE, provided that: (i) the SOFTWARE is installed on only one server or personal computer; (ii) the SOFTWARE is NOT modified; (iii) all copyright notices are maintained on the SOFTWARE; and (iv) YOU agree to be bound by the terms of this License Agreement. The SOFTWARE and Documentation shall be used only by YOU, only for YOUR own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.

2. 	PERMISSION TO DISTRIBUTE
The SOFTWARE is not transferable, assignable, saleable, or franchisable.

3.	OWNERSHIP 
YOU have no ownership rights in the SOFTWARE. Rather, YOU have a license to USE the SOFTWARE as long as this License Agreement remains in full force and effect. Ownership of the SOFTWARE, Documentation and all intellectual property fights therein shall remain at all times with POKERHOSTPRO. Any other USE of the SOFTWARE by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.

YOU acknowledge that no title to the intellectual property in the SOFTWARE is transferred to YOU. YOU further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of POKERHOSTPRO and YOU will not acquire any rights to the SOFTWARE except as expressly set forth in this license. YOU agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

4.	COPYRIGHT 
The SOFTWARE and Documentation contain material that is protected by Copyright Law and trade secret law, and by international treaty provisions. All fights not granted to YOU herein are expressly reserved by POKERHOSTPRO. YOU may not remove any proprietary notice of POKERHOSTPRO from any copy of the SOFTWARE or Documentation.

5. 	REVERSE ENGINEERING
YOU agree that YOU will not attempt to reverse engineer, decompile, modify, translate, or disassemble the SOFTWARE in whole or in part.

6.	SUPPORT
POKERHOSTPRO will provide YOU with free support during SIX MONTHS (6) after purchase provided that YOU can produce to the satisfaction of POKERHOSTPRO the SOFTWARE Key provided to YOU at the moment of purchase. Support is only provided on the latest version of the SOFTWARE, and only based on E-mail.  Customers must follow the instructions on the POKERHOSTPRO Web-Site to get support.

7.	LIMITED WARRANTY 
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. POKERHOSTPRO DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER POKERHOSTPRO NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF POKERHOSTPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY NOT USE THE SOFTWARE IN THESE JURISDICTIONS.

8.	LIMITATION OF LIABILITY 
IN NO EVENT WILL POKERHOSTPRO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF POKERHOSTPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POKERHOSTPRO 'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, YOU MAY NOT USE THE SOFTWARE IN THESE STATES/COUNTRIES.

9.	SEVERABILITY
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

10.	GOVERNING LAW
This agreement shall be governed by the laws of the Tulsa, OK, USA, excluding the application of its conflicts of law rules and shall inure to the benefit of POKERHOSTPRO and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in United States County, Tulsa, OK. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

11.	TERMINATION 
This License Agreement is effective until it is terminated. YOU may terminate this License Agreement at any time by destroying or returning to POKERHOSTPRO all copies of the SOFTWARE and Documentation in YOUR possession or under YOUR control. POKERHOSTPRO may terminate this License Agreement for any reason, including, but not limited to, if POKERHOSTPRO finds that YOU have violated any of the terms of this License Agreement. Upon notification of termination, YOU agree to destroy or return to POKERHOSTPRO all copies of the SOFTWARE and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary fights, and non-disclosure shall survive the termination of this EULA. 
  
12.	ENTIRE AGREEMENT
This is the entire agreement between YOU and POKERHOSTPRO, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this license.

13.	RESERVED RIGHTS
 All rights not expressly granted here are reserved to POKERHOSTPRO.

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