DONOHOE DIGITAL LLC - End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC EXCEPTIONS IN SECTION 12. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s), downloads, or other media with which this Agreement is provided, including but not limited to (i) Donohoe Digital or third party computer information or software; (ii) digital images and designs (including, but not limited to .gif, .jpg, .png, and .ico files), sounds or other artistic works ("Media Files"); and (iii) related explanatory written materials or files ("Documentation"); and (iv) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Donohoe Digital (collectively, "Updates"). "Use", "Used" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Computer" means one central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Donohoe Digital" means Donohoe Digital LLC, a Colorado Limited Liability Company, 2109 Meeting Street, Wayzata, MN 55391.
2. Software License. As long as you comply with the terms of this End User License Agreement (the "Agreement"), Donohoe Digital grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation, as further set forth below. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials or in the "Credits" section of any help documentation viewable when using the Software.
2.1. General Use. You may install and use any number of copies of the Software on your compatible Computers
2.2. Media Files. You may not copy, transfer, or reuse in any manner the Media Files included as part of the Software.
2.3. Commercial Use. You are prohibited from using the Software
for commercial use, including LAN gaming centers. For a LAN gaming license,
send email to contact(at)donohoe.info.
3. Intellectual Property Rights. The Software and any copies that you are authorized by Donohoe Digital to make are the intellectual property of and are owned by Donohoe Digital LLC and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Donohoe Digital LLC and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being Used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Donohoe Digital.
4. Transfer. You may not, rent, lease, sell, sublicense, un-bundle and/or repackage for distribution or resale, or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein.
5. Blank Section. This section intentionally left blank. Please proceed to Section 6.
6. NO WARRANTY. This program is free software. It comes without any warranty, to the extent permitted by applicable law.
7. DISCLAIMER. AS THERE IS NO WARRANTY, DONOHOE DIGITAL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DONOHOE DIGITAL AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of section 7 and section 8 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL DONOHOE DIGITAL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DONOHOE DIGITAL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DONOHOE DIGITAL'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Donohoe Digital's liability to you in the event of death or personal injury resulting from Donohoe Digital's negligence or for the tort of deceit (fraud). Donohoe Digital is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Donohoe Digital's Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Minnesota. The courts of Hennepin County, Minnesota shall have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. General Provisions. 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. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Donohoe Digital. Updates may be licensed to you by Donohoe Digital with additional or different terms. The English version of this Agreement shall be the version used when interpreting or construing this Agreement. This is the entire agreement between Donohoe Digital and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. INTERNET FEATURES.
12.1 Internet Access Terms. The Software may include features that require an Internet connection and a valid email address to function properly. Obtaining and paying for a connection to the Internet and obtaining a valid email address is your responsibility. Donohoe Digital shall not be liable if you do not have or cannot obtain an Internet connection or valid email address to use such features of the software.
12.2 Online Game Play. The Software may include features for playing games over the Internet via a central server or servers that Donohoe Digital or its suppliers maintain ("Online Service"). Use of the Online Service is subject to the terms of this license agreement. Donohoe Digital makes no warranties with regard to the availability of the Online Service and may, at its discretion, choose at any time to terminate the Online Service or charge money for use of the Online Service.
12.3 Use of Online Service. Use of Online Service requires a valid email address to participate in games. By playing an online game and providing your email address, you agree to allow Donohoe Digital or its suppliers to send you email regarding the availability of the Online Service and important product updates. Donohoe Digital will not sell or provide your email address to any other party.
12.4 Online Profile. The software may include features for creating an online profile for use in conjunction with Donohoe Digital maintained servers or websites. Use of this profile is subject to the terms of this agreement and any agreement posted on the associated Donohoe Digital website. User agrees to abide by the most current version of the public website license terms.
13. GAMBLING DISCLAIMER.
13.1 Gambling Laws - Entertainment Purposes Only. The features and content of the Software are provided solely for entertainment purposes. Donohoe Digital urges persons interested in hosting their own poker tournament to check their local, state and federal government laws before they do so. Some entities have specific laws against gambling, house cuts, house rakes, age limits, and other related topics. Donohoe Digital makes no representation whether it is legal for your to run a poker tournament in your home - IT IS ENTIRELY YOUR RESPONSIBILITY TO CHECK ON THESE LAWS. IN NO EVENT WILL DONOHOE DIGITAL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY ILLEGAL ACTIVITY THAT IS CONDUCTED IN CONJUNCTION WITH THE SOFTWARE. IN NO EVENT WILL DONOHOE DIGITAL OR ITS SUPPLIERS BE LIABLE TO YOU FOR MONEY GAINED OR LOST AT ANY POKER TOURNAMENT CONDUCTED IN CONJUNCTION WITH THE SOFTWARE. Donohoe Digital makes no promises or guarantees on the outcome of your wagers, and gives no assurances as to whether you will make or lose money.
13.2 Gambling Addiction. Poker is gambling, and people can and do lose money, sometimes substantial sums. Gambling can be addictive. The software is not intended for use by compulsive gamblers. If you may be or may know someone who is a compulsive gambler, please visit Gamblers Anonymous at http://www.gamblersanonymous.org/. Please gamble responsibly.