POKER MAVENS SOFTWARE LICENSE AGREEMENT
You (the licensee) acknowledge that you are acquiring only a limited nonexclusive license to use this Software (Poker Mavens). We (Briggs Softworks) remain the owner of all right, title, and interest in the Software and in any copies of it.
You may only run one instance of the Trial Version at any given time. You must stop using the Trial Version once the trial period has expired.
The License permits you to run a single instance of the Software for each license purchased.
You may make a reasonable number of backup copies of the Software solely for backup purposes.
You agree not to make nor to permit the making of copies of the Software (including its documentation), nor to modify the program files, except as authorized by this License Agreement or otherwise authorized in writing by us.
The server directory located at www.PokerMavens.net is a free service offered at the discretion of Briggs Softworks. We reserve the right to refuse listings that contain offensive names or descriptions, or for any other reason that we determine is not in our best interest.
This Software is strictly a "play money" system, designed only for entertainment and instructional purposes. Those that use it for other purposes do so at their own risk and may be subject to gambling laws in their local jurisdictions.
We warrant to you that, for a period of 30 days after delivery of this copy of the Software to you:
1. The physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use.
2. The Software will perform in accordance with the documentation distributed with it by us.
3. To the best of our knowledge your use of the Software in accordance with its documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, OF NONINFRINGEMENT, OF MERCHANT ABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, regardless whether we know or have reason to know of your particular needs.
No employee, agent, dealer, or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
No action for any breach of the above limited warranty may be commenced more than one (1) year following the expiration date of the warranty.
If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO YOU.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Your exclusive remedy in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this paragraph.
In such event, you shall return all copies of the Software to us and pay for shipping; you must include a dated proof of the date on which this copy of the Software was delivered to you, such as a copy of your dated receipt or invoice for this copy.
We will, at our option, either (i) ship you a replacement copy of the Software on nondefective physical media at our expense or (ii) refund your license fee in full.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
Independent of the foregoing provisions, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless whether we know or have reason to know of the possibility of such damages.
Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
YOUR INDEMNITY TO US
Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.
If you materially breach this License Agreement, we may terminate your right to use the Software by notice to you.
You agree that, upon termination of the License, you will either return to us or destroy all copies of the Software in your possession.
ENTIRE AGREEMENT, ETC.
This written License Agreement is the exclusive agreement between you and us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Software.
This License Agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.
This License Agreement will be governed by the law of the State of Texas, USA, applicable to contracts executed and performed entirely in, and by residents of, that state.
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