END-USER LICENSE AGREEMENT
PLEASE MAKE SURE YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AS OUTLINED IN THIS AGREEMENT PLEASE DO NOT PROCEED FURTHER AND IN THE EVENT THE SOFTWARE IS INSTALLED ON YOUR COMPUTER YOU MUST DELETE IT FROM YOUR COMPUTER.
For purposes of this Agreement: (A) "Software" shall mean the software known as "TheGreek Software " in machine-readable, object code form; (B) "CPU" shall mean a single computer or central processing unit; (C) "Licensee" shall mean you end user (player, customer, client, visitor, observer etc.) (D) "License" means the license granted by the Licensor to Licensee to use the Software in accordance with the terms and conditions of this Agreement (E) "Server" shall mean CPU units where the game takes place and (F) "Client" shall mean downloadable version of the software that will be stored on Licensee CPU (computer).
"Client" - The licensee may download "client" version of the software from TheGreek website. The licensee will not have access to the Server software, database server or any other server except through the means provided via the operation of the Client software, which will be hosted on the licensee computer ("CPU").
"Download" - Licensee may download only one version of the software per license, per computer, per household, per IP address.
"Account" - Licensee may set up one account only per license, per computer, per household, per IP address. Licensee must provide truthful information when setting up an account. Any account with fake information will be automatically blocked. In order to access the client version of the software, licensee must provide a valid e-mail address and without it, the software cannot be validated and subsequently, a player will not be able to access the poker room.
The Software is protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties.
II. LICENSE GRANT
A. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee, and Licensee hereby accepts a non-exclusive, non-transferable license to use the Software, in machine-readable object code, solely for Licensee's entertainment purposes and solely by the Licensee.
B. The Site License as used herein shall mean and include the right to:
- Use of the Poker Client software needed for accessing online poker tables
- Install copies of the Software on CPU fixed disk memory units.
C. Except as explicitly provided herein, Licensee shall not:
- Copy, adapt, reverse engineer, decompile, disassemble, in whole or in part, any of the Software; or
- Use the Software to operate in or as a time-sharing, outsourcing, or service bureau environment,
or in any way allow any third party access to the Software; or
- Make available nor distribute all or part of the Software to any third party by assignment, sublicense
or by any other means; or
- Remove any copyright, trademark, patent or other proprietary notices from the Software or any portion thereof.
D. During the term of this Agreement: Licensee shall: (i) adopt and enforce such internal policies and procedures as are necessary to ensure that the Software is used only in accordance with the terms of Section II hereof; and (ii) take all steps necessary to ensure that no person or entity will have unauthorized access to the Software.
E. Any rights not expressly granted herein by this License are hereby expressly reserved to and for the benefit of Licensor.
F. Licensee shall not have the right to receive or use the source code of the Software.
G. The license granted shall continue unless and until terminated in accordance with the provisions of this Agreement. The right and license to use the Licensed Programs shall automatically terminate if: (i) Licensee fails to pay any fees or charges when due; or (ii) Licensee materially breaches any provision of this Agreement and fails to cure such breach within ten (10) days of receipt of notice from TheGreek.
III. LIMITATION OF WARRANTIES
A. Licensee accepts Program "As Is", "with all faults", and in lieu of all other warranties and conditions, expressed or implied, including, but not limited to, those for merchantability and fitness for a particular purpose.
B. Licensor accepts no responsibility for the operation or performance of the program. The entire risk of use and consequences of use of the program falls completely on the Licensee and Licensor shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on Program. In this respect, Licensee shall completely indemnify and defend for any such claim, loss or injury as provided below.
C. Licensee acknowledges that he/she has read the foregoing disclaimers of warranty and limitation of liability and understands that Licensee assumes the entire risk of use of the program.
IV. PROHIBITED USES
Licensee may not attempt to modify, copy, alter, manipulate, decompile, reverse-engineer, resell, lease, sublicense or disassemble the software in any way. Without prejudice to any other rights, TheGreek may terminate this Agreement if the Licensee fails to comply with its terms and conditions. In such event, the Licensee must destroy all copies of the Software.
A. Licensee shall indemnify and defend against any and all claims, including claims by third parties or employees of Licensee, which arise directly or indirectly out of Licensee's use or operation of Program.
B. Licensor shall not be liable for any incidental or consequential damages suffered by Licensee through the use of Program, whether or not such damages were disclosed to, or reasonably foreseen.
VI. AGE LIMIT
All players MUST be the legal age of majority in their jurisdiction or at least 21 years of age (whichever is less). No persons under legal age limit of their jurisdiction are permitted to use TheGreek software or services in any way. By accepting this agreement, Licensee agrees that he/she has reached the legal age of majority in his/her jurisdiction. Licensee accepts responsibility of finding out legal age of majority in his/her jurisdiction.
VII. PERSONAL USE
Licensor grants a license to licensee to use software for licensee personal use only. Any commercial use of the Software is strictly forbidden
Licensee agrees to keep his/her registration information confidential. Any unauthorized use of the Licensee ID or Password shall be the sole responsibility of the Licensee and be deemed as his/her use. Licensee will be liable for any misuses of unprotected or lost confidential information that will include user name, passwords, account balance, credit cards information and any other relevant information in the player account.
Without prejudice to any other rights, Licensor may terminate this END USER LICENSE AGREEMENT if the licensee fails to comply with the terms and conditions of this agreement. In such an event, you must destroy all of your copies of the software. Licensor reserves the right to terminate this agreement if the Licensee disrupts poker room performance by using foul language, collusion, other forms of cheating, charge backs, compulsive gambling and any other kind of conduct that may not be suitable to run a professional poker room. The management decision is final.
Licensor reserves the right to change the END USER LICENSE AGREEMENT and the terms and conditions of this agreement from time to time. This license is governed by the laws of the country of Jamaica, W. I.
The Greek Poker April 15, 2006