RealPokerOdds&trade License Agreement


Relive the Experience.com, Inc. ("RtE") is willing to license the RealPokerOdds&trade software to you only if you accept all of the terms in this license agreement. If you do not agree to these terms, licensor will not license this software to you, and in that case you should either, in the case of an electronic download, not purchase the license or, in the case of a physical media purchase, return this product promptly, including the packaging, CD-ROM, and all written materials, to the place of purchase for a full refund.

In exchange for the price paid RtE is granting you a license to install and to use the RealPokerOdds&trade application. This license is conditional upon your meeting the conditions and responsibilities set forth within including your agreement to prevent unauthorized copying of the Software.

Warning Regarding Gambling

Gambling with the hope of financial gain can be very dangerous. You may lose more than you are able to pay, putting your family, friendships and life style at risk. We recommend that you never play for money or other items of value. Additionally, gambling with real assets may be illegal in your area. It is expressly stated that RealPokerOdds&trade will not help you make money, or lose less money, while playing Poker. Poker is a great game that can be enjoyed for the competition itself and the companionship of other players. If you do play for money, set a limit of the amount you can lose before you start and if you lose that much stop playing.

If you feel you might be playing poker, or other gambling activity, too much or for the wrong reasons you might want to consider answering Gamblers Anonymous' 20 questions (www.gamblersanonymous.org/20questions.html) or reading some of their other information at (www.gamblersanonymous.org)

Regardless, of how you play, using money or only for fun, realize that the probabilities that RealPokerOdds&trade calculates and presents represent only a portion of the complexity of Poker decision making. There are almost no certainties in games involving multiple players and you may lose even if you have a 99.99% chance of winning. The decision making aids presented in RealPokerOdds&trade are based on expected value theory however this theory assumes that you are willing and able to lose often to win more in aggregate; most players actually feel sadder about losing a given amount than happy about winning the same amount. Therefore you should never base your decisions on the RealPokerOdds&trade information but instead on your feelings.

Machine Specific License

You may copy the Software onto a single computer for your personal, noncommercial use, and you may make one back-up copy of the Software. The license issued after installation will be specific to the personal computer ("machine") requesting the license. Your license to use the RealPokerOdds&trade software does not extend beyond the licensed machine. If you contact us within 48 hours of the original license download, we will permit you to affirm and swear to the deletion of the original installation and license another internet-connected machine without additional cost. After this period, we will make available a similar procedure for moving or restoring the software license but at a cost of $25.00.

The License and Certain Restrictions

You are granted a non-exclusive license to use one copy of the Software only on a single computer and a single terminal. You are not allowed to make more than one copy for backup purposes. The Software (including any images, icons, graphics, animations, video, audio, music, and text incorporated into the Software) is protected by copyright laws. You may not make copies of the Software except for a backup. You may not give copies to another person, or duplicate the Software by any other means, including electronic transmission. You may not copy the printed materials accompanying the Software, nor print copies of any user documentation. The Software contains trade secrets, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, lease, loan, resell for profit, distribute, or network the Software, disk, or related materials or create derivative works based upon the Software or any part thereof.

Trademark

RealPokerOdds&trade and RtE are trademarks of Relive the Experience.com, Inc. Other brands or products are trademarks or registered trademarks of their respective holders and should be treated as such.

Disk Warranty

The sole warranty regarding the Software and related materials is that the original disk, if the software was purchased by physical shipment, is free from physical defects in material and workmanship, assuming proper use, for a period of ninety (90) days from date of purchase. If such defect occurs during this period, you may return your faulty disk to Licensor, along with a dated proof of purchase; Licensor will replace it free of charge. After 90 days, you may obtain a replacement by sending your defective disk and a check for $18.50 (residents of PA add 6% sales tax) to Licensor.

Limited Remedies

Your sole and exclusive remedy for any breach of representation or warranty is that Licensor, at its option, either (a) will refund your payment for the Software upon your return of the Software and related materials, with a copy of your receipt, or (b) will replace it on an exchange basis without charge (except as provided above).

Other Warranties Disclaimed

Except for the express warranty of the original disks set forth above, this software is provided "as-is," and to the maximum extent permitted by applicable law, licensor disclaims all other warranties, express or implied, by statute or otherwise, regarding the software, disk, and related materials, including their fitness for a particular purpose, their quality, their merchantability, or their noninfringement. The liability of licensor under the warranty set forth above shall be limited to the amount paid by the customer for the product. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 90 days from the date of purchase of the software. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

Certain Limitations

Licensor has no control over your use of the Software. Licensor does not and cannot warrant the performance or results that may be obtained by its use. Licensor does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is only as of a particular date. Licensor does not warrant that the operation of the Software will be uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the Software or that it will meet your requirements.

Limitation of Damages

To the maximum extent permitted by applicable law, licensor and its suppliers will not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if licensor or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. Licensor's total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for this product. Some states do not allow the limitation of exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of the RealPokerOdds&trade software or breach of this Software License. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

No Other Rights

No rights or licenses are granted by RtE to You, expressly or by implication, with respect to any proprietary information or patent, copyright, mask work, trademark, trade secret, or other intellectual property right owned or controlled by RtE, except as expressly provided in this Agreement.

Ownership Of Software And Copyrights

Title to all copies of the Software remains with RtE. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. RtE may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, RtE grants no express or implied right under RtE patents, copyrights, trademarks, or other intellectual property rights.

Termination Of This Agreement

RtE may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to RtE.

Applicable Laws

Claims arising under this Agreement shall be governed by the laws of Pennsylvania, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. RtE is not obligated under any other agreements unless they are in writing and signed by an authorized representative of RtE.

Government Restricted Rights

The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of RtE's proprietary rights therein. Contractor or Manufacturer is Relive the Experience.com.

  ©2004, RealPokerOdds™, All Rights Reserved.
Portions of this product are Patent Pending
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RealPokerOdds™ is a unit of Relive the Experience.com
 
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