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Full Agreement Below
THIS AGREEMENT
(or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR
ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER")
AND POKERRNG.COM ("POKERRNG.COM").
POKERRNG Version 6 IS ("THE SOFTWARE"). BY INSTALLING AND USING
THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE
TERMS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONFIRMING
YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE
TERMS, THEN DO NOT PURCHASE THE SOFTWARE, DO NOT USE THE SOFTWARE AND
DELETE THE SOFTWARE IF IT IS ALREADY INSTALLED AND YOU HAVE NOT
YET LOGGED IN. IF YOU HAVE PURCHASED AND DO NOT AGREE TO THESE
TERMS SET FORTH BELOW AND HAVE NOT YET LOGGED INTO THE SOFTWARE
USING YOUR LICENSE LOGIN INFORMATION THEN CONTACT YOUR PLACE OF PURCHASE FOR A FULL
REFUND IN ACCORDANCE WITH ITS REFUND POLICY.
1. Definitions
(a) "Software" means only the software program(s) and third party
software programs, in each case, supplied by PokerRNG.com
herewith, and corresponding documentation, associated media,
printed materials, and online or electronic documentation. Any
updates to such Software which you are entitled to receive and
that has been provided to you by PokerRNG.com shall also mean
Software for purposes of this Agreement.
2. License Grants
The license granted in this Section 2 is subject to the terms and
conditions set forth in this EULA:
(a) You may install and use the Software on a single computer.
Only one license to use this software is allowed per customer.
Subject to the terms and conditions set forth in this EULA, you
shall not have more than one installation of the Software on any
single computer.
(b) You may make one copy of the Software in machine-readable form
solely for backup purposes. You must reproduce on any such copy
all copyright notices and any other proprietary legends on the
original copy of the Software. You may not sell, share, rent or
transfer ownership of the Software and/or license to use software.
(c) You agree that PokerRNG.com may audit your use of the
Software for compliance with these terms at any time. In the event
that such audit reveals any use of the Software other than in full
compliance with the terms of this Agreement, access to this
software will be suspended and no refund of any kind will be
issued.
(d) You may not take screenshots or record a visual, drawn or
written record of the Software in anyway.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or
distribute copies of the Software, or electronically transfer the
Software from one
computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the
Software, or
decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may not modify the Software or create derivative works
based upon the Software.
(e) You may not export the Software into any country prohibited by
the United States Export Administration Act and the regulations
thereunder.
(f) You may receive the Software in more than one medium but you
shall only install or use one medium. Regardless of the number of
media you receive, you may use only the medium that is appropriate
for the server or computer on which the Software is to be
installed.
(g) You shall not use the Software to develop any product having
the same primary function as the Software.
(h) In the event that you fail to comply with this EULA, PokerRNG.com may terminate the license and you must destroy all copies
of the Software (with all other rights and all other provisions of
this EULA surviving any such termination).
4. Ownership
The foregoing license gives you limited license to use the
Software. PokerRNG.com retains all rights, title and interest,
including all copyright and intellectual property rights, in and
to, the Software (as an independent work and as an underlying work
serving as a basis for any application you may develop), and all
copies thereof. All rights not specifically granted in this EULA,
including Federal and International Copyrights, are reserved by
PokerRNG.com.
5. Limited Warranty and Disclaimer
(a) PokerRNG.com warrants that, for a period of seven (7) days
from the date of delivery (as evidenced by a copy of your
receipt): (i) when used with a recommended hardware configuration,
the Software will perform in conformance with the documentation
supplied with the Software; and (ii) the media on which the
software is furnished will be free from defects in materials and
workmanship under normal use.
(b) PokerRNG.com PROVIDES NO REMEDIES OR WARRANTIES, WHETHER
EXPRESS OR IMPLIED, FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS
IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH
RESPECT TO SOFTWARE, PokerRNG.com AND ITS SUPPLIERS DISCLAIM ALL
OTHER WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING
THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALSO, THERE
IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
PokerRNG.com DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR
WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED,
INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE CONTROLS.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SEVEN (7)
DAYS FROM THE DATE OF DELIVERY.
(e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PokerRNG.com, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
PROVIDED HEREIN.
(f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6. Refunds and Returns
PokerRNG 6.0 software is free after clearing requirments. If you have purchased a license after August 1st, 2008 the following refund policy is in effect:
If for any reason you are not satisfied with the PokerRNG software simply return the software within 30 days of your purchase date to the address provided during shipping. The software CD-ROM and casing must be in original, clean condition with no missing pieces. Once we receieve the return we will process a refund back to your payment method less shipping and a handling fee of $45. Customer is responsible for all shipping costs for returning the software.
7. Limitation of Liability
(a) NEITHER PokerRNG.com NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR
THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE
SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF PokerRNG.com OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
(b) PokerRNG.com TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
ANY CAUSE WHATSOEVER WILL BE LIMITED TO $0.01 (One U.S. Cent).
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY
TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF
THIS EULA.
8. Permission to Transmit Data
You grant full permission for the software to send and transmit
any and all data and/or output file(s) to the PokerRNG.com
computer server via your Internet Connection.
9. General
This EULA shall be governed by the internal laws of the State of
New Jersey, without giving effect to principles of conflict of
laws. You hereby
consent to the exclusive jurisdiction and venue of the state
courts sitting in New Jersey or the federal courts in the state of
New Jersey to resolve
any disputes arising under this EULA. In each case this EULA shall
be construed and enforced without regard to the United Nations
Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or
written. You agree that any varying or additional terms contained
in any purchase order or other written notification or document
issued by you in relation to the Software licensed hereunder shall
be of no effect. The failure or delay of PokerRNG.com to exercise
any of its rights under this EULA or upon any breach of this EULA
shall not be deemed a waiver of those rights or of the breach.
No PokerRNG.com dealer, agent or employee is authorized to make
any
amendment to this EULA unless such amendment is in writing and
signed by a duly authorized representative of PokerRNG.com.
If any provision of this EULA shall be held by a court of
competent jurisdiction to be contrary to law, that provision will
be enforced to the maximum extent permissible, and the remaining
provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to PokerRNG.com
PokerRNG.com and other trademarks or tradenames contained in the
Software are trademarks or registered trademarks of PokerRNG.com
in the United States and/or other countries. Third party
trademarks, trade names, product names and logos may be the
trademarks or registered trademarks of their respective owners.
You may not remove or alter any trademark, trade names, product
names, logo, copyright or other proprietary notices, legends,
symbols or labels in the Software. This EULA does not authorize
you to use PokerRNG.com or its licensors' names or any of their
respective trademarks.
PokerRNG.com reserves the right to change or edit these terms at
any time without notice.
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