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 PokerNotes 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 7 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 Keys 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:
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, 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 property rights.
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 Stutzbach Enterprises.
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, OR 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 Stutzbach Enterprises.