CapBet - LICENSE AGREEMENT
IMPORTANT: Read this before using your copy of CapBet software.
CapBet is operated by Poknet Systems S.A., a company duly registered in Costa Rica (hereinafter called "Poknet Systems"). This document is a legal agreement between you (hereinafter called the Licensee) and Poknet Systems respect of the Licensees use of the server and client software as well as all intellectual property contained within both software programs. Use of enclosed software indicates your acceptance of these terms. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU HAVE TO CANCEL THE INSTALLATION PROCESS NOW AND DELETE THE SOFTWARE FROM YOUR COMPUTER. The Server software runs from a remote computer owned and operated by Poknet Systems. The Licensee will not have access to the Server software, except through the means provided via the operation of the Client software. The Client software will be made available to the Licensee under the terms outlined in this agreement. The Licensee will identify himself/herself to the software via a unique Licensee ID ("Licensee ID") and unique and secret password ("Password") known only to the Licensee. 1. PROPRIETARY RIGHTS. The server/client software and any accompanying documentation are the proprietary products of B2B Poker AB, Sweden (hereinafter called "B2B Poker) or its licensors and are protected under international laws and international treaty provisions. Ownership of the software and all copies, modifications, translations, and merged portions thereof shall at all times remain with B2B Pokeror its licensors. 2. GRANT OF LICENSE CapBet grants the Licensee the right to install and run the Client software on any computer or discreet network of computers for which it was designed, located within a single building or vessel. The Licensee may only use the software to connect to the CapBet Servers. You are entitled to receive automatic software updates from CapBet. These software updates are also protected by this agreement. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS The Licensee may not attempt to modify, reverse-engineer, or disassemble the software in any way. 4. NO WARRANTIES CapBet expressly disclaims any warranty for the Server software and the Client software. The software and related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the software product remains with the Licensee. 5. LIMITATION OF LIABILITY To the maximum extent permitted by applicable law, in no event shall CapBet be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, personal losses, or any other pecuniary loss) arising out of the use (or misuse) of either the Server or Client software. 6. SECURITY The Licensee agrees that he/she is solely responsible for all use of CapBet software through his/her Licensee ID and Password. The Licensee is obliged to keep his/her Licensee ID and Password secret and 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. Any liability therefrom shall be that of the Licensee. 7. PERSONAL USE Commercial use of CapBet software is strictly forbidden. The Licensee is only allowed to wager for his/her personal entertainment. The Licensee agrees that his/her use of the software is in a personal (and not professional) capacity. Before the Licensee participates at CapBet, he/she is responsible to verify the laws on gambling which govern the place where the Client software is used to determine restrictions and act in accordance with those restrictions. The Licensee agrees he/she has reached the age of 18 or the legal age of majority in his/her jurisdiction, whichever is greater. 8. TERMINATION Without prejudice to any other rights, CapBet may terminate this License Agreement if the Licensee fails to comply with the terms and conditions of this agreement. In such event, the Licensee must destroy all of his/her copies of the software. CapBet reserves the right to change the license agreement and the terms and conditions from time to time. CapBet reserves all rights not expressly granted, including all subsequent copies in any media. ============================================ More information is available at www.capbet.com. CapBet can be contacted by sending an email to support@capbet.com. Sun Microsystems, Inc. Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. 2. RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, reverse engineer Software. Software is not designed or licensed for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. You warrant that you will not use Software for these purposes. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. 3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software. 7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 8. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT III) (June 1987), as applicable. 9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 10. Severability. If any provision of this Agreement is held to be unenforceable, This Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303 JAVA(TM) RUNTIME ENVIRONMENT, STANDARD EDITION, VERSION 1.2.2_007 SUPPLEMENTAL LICENSE TERMS These supplemental terms ("Supplement") add to the terms of the Binary Code License Agreement (collectively the "Agreement"). Capitalized terms not defined herein shall have the same meanings ascribed to them in the Agreement. The Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, either above or contained within the Software. 1. License to Distribute. You are granted a royalty-free right to reproduce and distribute the Software provided that you: (i) distribute the Software complete and unmodified (except for the specific files identified as optional in the Software README file), provided that the Software is distributed with your Java applet or application ("Program"); (ii) do not distribute additional software intended to replace any component(s) of the Software; (iii) do not remove or alter the Agreement, any proprietary legends or notices contained in the Software; (iv) only distribute the Software subject to this Agreement; (v) may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are contained in the "java" or "sun" packages or similar as specified by Sun in any class file naming convention; (vi) agree to indemnify, hold harmless, and defend Sun and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Program. 2. Exception to your separate license agreement for Sun's JAVA(TM) 2 SOFTWARE DEVELOPMENT KIT, STANDARD EDITION, VERSION 1.2.2_007 ("SDK License"): Pursuant to the terms and conditions contained in Section 1 above, you are permitted to reproduce and distribute, only as part of the Software, those specific binary code file(s) from your copy of the JAVA(TM) 2 SOFTWARE DEVELOPMENT KIT, STANDARD EDITION, VERSION 1.2.2_007 which are listed in the Software README file notwithstanding the SDK License prohibition on distribution. Except as specifically permitted by this Agreement or any exception contained in Sun's Java HotSpot(TM) Version 1.0 binary code license(http://java.sun.com/products/hotspot/index.html), no other modification of, or addition to, the JAVA(TM) 2 RUNTIME ENVIRONMENT, STANDARD EDITION, VERSION 1.2.2_007 is permitted. 3. Trademarks and Logos. You acknowledge as between you and Sun that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html.
I Agree with those terms!
