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.