End user agreement for Hold'em Partner
=========================== Terms and Conditions of Use =========================== These terms and conditions constitute a legally binding agreement (“Agreement”) between (a) You, the end user, and (b) Hold’em Partner, Inc., and each of its directors, owners, employees, consultants, suppliers, vendors and affiliates. By selecting the "I accept the terms in the license agreement" option, You agree to all of the following Terms and Conditions. 1. Applicability of Terms and Conditions By installing this software (“Hold’em Partner”), you warrant and represent that you fully understand and agree to comply with all of the following terms and conditions. You agree that failure to abide by these terms and conditions may result in legal action against you punishable by law. 2. Software use All Hold’em Partner software is for entertainment purposes only, your personal use of Hold’em Partner software is solely for your own personal enjoyment and non-professional use. Any use of Hold’em Partner software is strictly at your sole option, discretion and risk. You agree that you will not hold Hold’em Partner, Inc. or any of the companies affiliates responsible for any monetary gains or losses from the use of any Hold’em Partner software. By using Hold’em Partner software, you acknowledge that you do not find the software to be offensive, objectionable, unfair, or indecent. 3. Copyrights and Trademarks The terms Hold’em Partner, HoldemPartner, HoldemPartner.com, Hold’em Partner, Inc. are the trademarks, service marks and/or trade names of Hold’em Partner, Inc. All material developed by Hold’em Partner, Inc., including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, text, program code, program layout, literature, and the Software belongs to Hold’em Partner, Inc. and is protected by copyright law. You obtain no right to use such terms, graphics, text, concepts or methodologies, by using any Hold’em Partner software and the materials contained therein and/or herein without exclusive, written permission from Hold’em Partner, Inc. 4. Software Guidelines You may install and use Hold’em Partner software only when purchased legally from Hold’em Partner, Inc. or a legal distributor of Hold’em Partner software named so by Hold’em Partner, Inc. You may install legally obtained software on any computer of which you are the primary user. Any Hold’em Partner software is owned by Hold’em Partner, Inc. and/or its licensors, and its structure, organization and code are the valuable trade secrets of Hold’em Partner, Inc. Hold’em Partner software is protected by copyright law, and you obtain no rights to any Hold’em Partner software except to use it in accordance with this Agreement. You are strictly prohibited from, and agree not to modify, adapt, reverse engineer, translate, disassemble, decompile or otherwise attempt to discover the source code of any Hold’em Partner software or to create, distribute, or publish any works from Hold’em Partner software. You agree not to create or provide any means through which Hold’em Partner software may be used by others. You agree that any Hold’em Partner software will not be shipped, transferred, or exported into any country or used in any manner prohibited by any applicable laws, restrictions, or regulations. 5. Indemnity You agree to hold Hold’em Partner, Inc., its employees, officers, directors, licensees, licensors, affiliates, and subsidiaries harmless and further agree to fully indemnify them from any and all costs, expenses, liabilities, and damages whatsoever that may arise as a result from the use or reuse of any Hold’em Partner software. 6. NO WARRANTIES AND LIMITED LIABILITY. ANY USE OF HOLD’EM PARTNER SOFTWARE IS AT YOUR SOLE OPTION, DISCRETION, AND RISK. HOLD’EM PARTNER, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF HOLD’EM PARTNER SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL HOLD’EM PARTNER, INC., OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. 7. Governing Law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms and conditions. 8. Entire Agreement, Modification and Amendments. You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. Hold’em Partner, Inc. reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted at the companies website. It is your sole responsibility to review this Agreement and amendments hereto each time you use any Hold’em Partner software. The terms and conditions contained herein represent the complete and final agreement between you and Company and supersede any and all prior agreements, representations or statements made by Hold’em Partner, Inc. or any of its affiliates.