End user agreement for Poker Sleuth
This is a legal agreement between you (an individual end user) and
Stutzbach Enterprises, LLC ("Stutzbach Enterprises"). Conditioned on
your honoring the terms of this agreement, Stutzbach Enterprises
grants you a non-exclusive, non-transferable license (the "License")
to install and use the current version of the Poker Sleuth software
including the accompanying user documentation (collectively,
"Software"), for your personal, lawful, non-infringing use on up to two
computers in accordance with this Agreement.
TRIAL PERIOD. The License extends for a single Trial Period of 30
days following your first run of the Software to permit you to
evaluate the Software. The License will terminate automatically at the
end of the Trial Period unless you register your copy of the Software
first. You may not use the Software for more than one Trial Period.
LONG TERM LICENSE. If you register your copy of the Software with
Stutzbach Enterprises and pay the License Fee, the License will remain
in effect perpetually unless terminated as provided below. Stutzbach
Enterprises, or an authorized agent (the "Seller"), will collect the
License Fee and provide you with a Registration Key that you must
enter into the Software's registration panel to end the trial period
limitations. The Registration Key is tied to the computer on which
you have installed the Software. If at a later date you wish to use
the Software on a different computer (or the same computer with
substantially different hardware), Stutzbach Enterprises shall provide
you with a new Registration Key upon your request. If you already
have two Registration Keys, one of your old Registration Keys shall be
disabled. You agree not to distribute your Registration Keys to
others and to use them only for your own personal use of the Software.
Any unauthorized distribution of your Registration Key will result in
immediate and automatic termination of the License.
UPDATES. From time to time, Stutzbach Enterprises may release new
versions of the Software. If you have registered the Software, you
may at your option upgrade the Software without fee to the newest
version within the same major release series by installing the new
version and agreeing to a new license agreement. Stutzbach
Enterprises reserves the right to alter the license agreement between
versions, and the new license may or may not have the same terms as
this License. Upgrading terminates this License.
PROPRIETARY RIGHTS. The Software is owned exclusively by Stutzbach
Enterprises, and this license does not transfer any ownership of the
Software to you. In particular, you do not have any rights to provide
copies of the Software to others. Title to, ownership of, and all
copyrights and other intellectual property rights in the Software and
all copies thereof shall remain solely in Stutzbach Enterprises. The
Software is protected by U.S. copyright and other intellectual
property laws and by international treaties. Stutzbach Enterprises
reserves to itself all rights not expressly granted in this License.
BACK-UP COPIES. You may make up to two exact, unmodified copies of
the Software solely for your own backup or archival use.
PROHIBITED ACTS. You may not:
1. sublicense, sell, lease, permit use of, give, lend, distribute,
release, provide access to, or in any way transfer the Software
or any copy or portion thereof;
2. subvert the protection schemes within the Software designed to
protect the rights of Stutzbach Enterprises;
3. make any copies of the Software except as permitted herein;
4. modify, enhance, or prepare derivative works based on the Software;
5. decompile, disassemble, use a debugger on, analyze, decrypt,
memory-dump, or otherwise attempt to reverse engineer the
Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation;
6. use or incorporate the Software or any portion thereof in any other
product without the prior written permission of Stutzbach
7. remove, alter, or obscure the copyright, trademark, proprietary,
or other notices from the Software or any of its screen
8. use the Software in any way that is illegal in your
9. export or re-export the Software, directly or indirectly, to or
from any country in which such export would be illegal.
TERMINATION DUE TO BREACH. If Stutzbach Enterprises determines that
you have breached the License, Stutzbach Enterprises may terminate
this License at its sole discretion and revoke your Registration key,
if applicable, without any liability to Stutzbach Enterprises.
TECHNICAL PROTECTION. The Software contains technical protections
that restrict use to a personal computer with a valid Registration
Key, or to a certain time period, and may provide other restrictions,
all of which shall be consistent with the License. Stutzbach
Enterprises shall not be liable for any damages incurred as a result
of such technical protections or the failure of the Software to
operate outside the scope of the License.
NO THIRD PARTY CLAIMS. Stutzbach Enterprises shall not be liable for
any claim asserted against you by any other party, including but not
limited to claims for infringement of copyright or other intellectual
TERMINATION WITHOUT BREACH. Stutzbach Enterprises may terminate the
License upon ten days' written notice if Stutzbach Enterprises believes
that your use of the Software may infringe any third party rights. If
such termination occurs within 24 months of your registration of
the Software, Stutzbach Enterprises will provide you a modified,
non-infringing version of the Software and reinstate the License.
DUTIES ON TERMINATION. Immediately upon termination of the License,
you must stop using the Software and destroy all copies of the
Software within your possession, custody, or control. Except by
separate written agreement with Stutzbach Enterprises, you have no
rights to the Software other than provided in this License.
NO ASSIGNMENT. You may not assign, sublicense, or otherwise transfer
the License or any other rights arising under the License. Any
purported transfer in violation of this paragraph shall be void.
ENFORCEMENT COSTS. You agree to reimburse Stutzbach Enterprises for
all costs, including reasonable attorneys' fees, incurred to enforce
any of Stutzbach Enterprises' rights under this License or in the
Software or to defend any claims you assert unsuccessfully against
SEVERABILITY. Any provision of this License which is held to be
invalid or unenforceable as written will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of
the original provision and shall not affect the validity of any other
provision of this License.
GOVERNING LAW AND FORUM. This License shall be governed by and
construed in accordance with the laws of the State of Texas and the
United States of America. You hereby consent to the exclusive
jurisdiction and venue of courts in Dallas County, Texas in all
disputes arising out of or relating to this License or the Software.
You agree to waive all defenses of lack of personal jurisdiction and
forum non conveniens.
FEEDBACK PROVIDED TO STUTZBACH ENTERPRISES. Stutzbach Enterprises
does not claim ownership of any comments, suggestions, or feedback you
may provide to Stutzbach Enterprises in connection with the Software
("Feedback"). However, by providing Feedback to Stutzbach
Enterprises, you are granting Stutzbach Enterprises, its affiliated
companies and necessary sublicensees, a worldwide, royalty-free right
and license to use, copy, modify, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, reformat,
license, offer to sell, sell, rent, lease, or lend your Feedback,
entirely without obligation or restriction of any kind on account of
intellectual property rights or otherwise; and the right to sublicense
such rights to any third party. Feedback, even if designated as
confidential by you, shall not, absent a separate written agreement,
create any confidentiality obligation for or upon Stutzbach
Enterprises. No compensation will be paid with respect to the use of
your Feedback, as provided herein. Stutzbach Enterprises is under no
obligation to use any Feedback you may provide. By providing Feedback
you warrant and represent that you own or otherwise control all of the
rights to your Feedback as described in this License including,
without limitation, all the rights necessary for you to license the
Feedback to Stutzbach Enterprises under the terms set forth above.
WARRANTY. IF YOU HAVE REGISTERED THE SOFTWARE, WE UNCONDITIONALLY
GUARANTEE YOUR SATISFACTION WITH THIS SOFTWARE FOR A PERIOD OF 30 DAYS
BEGINNING WHEN YOU PAY THE LICENSE FEE. IF, DURING THIS PERIOD, YOU
ARE DISSATISFIED WITH THE SOFTWARE, YOU MAY TERMINATE THIS LICENSE,
REMOVE THE SOFTWARE FROM YOUR COMPUTER, AND THE SELLER WILL REFUND ANY
LICENSE FEE YOU HAVE PAID. THE ENTIRE LIABILITY OF THIS WARRANTY IS
LIMITED TO THIS REFUND AND SHALL NOT, UNDER ANY CIRCUMSTANCES,
ENCOMPASS ANY OTHER DAMAGES. STUTZBACH ENTERPRISES SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. To request a refund, please contact the Seller.
A refund will terminate the License and any rights you have to use the
software and result in the revocation of your Registration Key.
LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL STUTZBACH ENTERPRISES BE LIABLE TO YOU FOR
DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE PROGRAM
(INCLUDING BUT NOT LIMITED TO GAMBLING LOSSES, LOSS OF DATA, LOSSES
SUSTAINED BY YOU OR THIRD PARTIES, OR A FAILURE OF THE PROGRAM TO
OPERATE WITH ANY OTHER PROGRAMS), EVEN IF STUTZBACH ENTERPRISES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO
EVENT WILL STUTZBACH ENTERPRISES BE LIABLE FOR ANY DAMAGES IN EXCESS
OF ANY PAYMENTS RECEIVED FROM YOU, EVEN IF INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES.
ENTIRE AGREEMENT. This document states the complete, final, and
exclusive agreement concerning your possession, operation, copying,
distribution, and other use of the Software and supersedes all earlier
oral or written agreements, proposals, marketing materials,
representations, promises, and other communications between you and