NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This End User License Agreement accompanies the computer software delivered to you by Deckmedia NV for use with the internet based gaming casino Red Stag Casino of the Company. The term "Software" shall mean the computer software with which this End User License is delivered, related explanatory materials, and also shall include any upgrades, modified versions or updates of the software made available or delivered to you by or on behalf of the Company. Please read this Agreement carefully. You will be asked to accept this Agreement and continue to install or, if you do not wish to accept this Agreement, to decline this Agreement, in which case you will not be able to use the Software.
Upon your acceptance of this Agreement, the Company grants to you a nonexclusive license to use the Software for your personal use to access and utilize the Casino, subject to the following:
1. USE OF THE SOFTWARE. You may install the Software on a hard disk or other storage device and make backup copies of the Software, provided that you remove any previous versions or prior copies of Software from your hard disk or other storage device and destroy any backup copies thereof.
2. COPYRIGHT AND TRADEMARK RIGHTS. The Software is owned by the Company and/or its licensors, and its structure, organization and code are the valuable trade secrets of the Company and its licensors. The Software is also protected by copyright law and International Treaty provisions. Use of the Software does not give you any rights of ownership or any intellectual property rights in the Software or the Company's trademarks and/or other proprietary information contained in the Software.
3. RESTRICTIONS. You agree not to modify, adapt, translate, reverse engineer, de compile, disassemble or otherwise attempt to discover the source code of the Software or the Company's servers or to create, publish or distribute derivative works from the Software. The Software is licensed and distributed by the Company solely for the purpose of enabling end users of the Software to fully utilize the Casino. You may use the Software for online play only on at the Casino. You agree not to create or provide any means (including, without limitation, emulators) through which the Software may be used by others.
4. NO WARRANTY. The Software is being delivered to you AS IS and the Company makes no warranty as to its use or performance. THE COMPANY AND ITS LICENSORS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, THE COMPANY'S SERVERS, OR DOCUMENTATION. THE COMPANY AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE AND DISCLAIM THE SAME TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, SUFFERED BY YOU BY REASON OF YOUR USE OF THE SOFTWARE OR ANY DEFECT IN THE SOFTWARE OR SERVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
5. PRIVACY PRINCIPLES. There are times when the Company may need to collect information from you through our Web site concerning your credit history and/or your hardware. The personally identifiable information gathered by the Company will provide the Company with information necessary to ensure that both the Company's and your interests are better served and protected. The Company is committed to protecting your personal information and respecting your privacy. Our goal is to give you as much control and information as possible regarding your personal information and the use the Company makes of it in the course of the Company's business. The Company will never sell, rent or disclose your personally identifiable information to parties other than the Company's licensors or service providers necessary or desirable for the operation of the Casino, without your consent unless compelled by law or court order to do so. Because of the complex and constantly changing nature of our technology and business, the Company does not guarantee error-free performance regarding the privacy of your personally identifiable information and the Company shall not be liable for any incidental, consequential or punitive damages relating to the use or release thereof.
6. GOVERNING LAW AND GENERAL PROVISIONS. The software is licensed by BLACK CHIP LIMITED and this Agreement will be governed by the laws of Cyprus , excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 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. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of the Company.
7. TERMINATION. The Company may terminate your license to use the Software at any time, with or without cause, forthwith without notice. Upon termination of this agreement for any reason, you will immediately delete the Software from the computer in which it is installed.
8. ENTIRE AGREEMENT This End-User License constitutes the entire agreement between us with respect to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties.