END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT Gaming Data Collection, Inc.; www.pokerprophecy.com; Poker ProphecyTM This End User License Agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety. Please note that the Agreement constitutes a legally binding agreement between you and Gaming Data Collection, Inc., a Michigan corporation (referred to herein as "GDC") which owns and operates the Software (described below) known as "Poker Prophecy"TM and the Internet site found at www.pokerprophecy.com (the "Site"). Introduction The software (the "Software") is being licensed to you by GDC for your private personal use solely on "AS IS" basis. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the GDC Servers or the Site from jurisdictions from which it is illegal to do so. You shall use the Software and the Site together with your unique Username ("Username") and unique and secret password ("Password") known only to you, to access the GDC servers (the "Servers") in order to use the data housed on the Servers (the "Data"). The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Agreement 1. GRANT OF LICENSE. Subject to the terms and conditions contained herein GDC grants the User a non-exclusive, personal, non-transferable right to install and use the Software in order to access the Site and Servers and utilize the Data. If you acquired the license for the Software on an evaluation or trial basis, you may use the Software without charge for the specified number of database searches. You must pay the license fee and register your copy to continue to use the Software after the evaluation period. If you acquired the Software for a reduced price as an upgrade from a previous version of the Software, you must either use the Software on the same computer(s) on which the previous version was installed or destroy all copies of the previous version. The primary user of a computer for which a license has been purchased may make and use one copy of the Software on his or her portable computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part. 2. NO WARRANTIES. GDC disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Data, all of which are provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs. 3. PROHIBITED USES. The User may not attempt to modify, decompile, reverse-engineer or dissassemble the Software in any way. The Software is intended solely for your personal use. You may not rent, lease, or lend the Software or the Data. Commercial use of the Software and Data is strictly prohibited. GDC reserves the right, exercisable at its sole discretion, to prohibit the use of the Software and Data or access to the Servers and Data by any User. 4. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall GDC be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or personal profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Software, the Data or your accessing the Site or the Servers, even if GDC had prior knowledge of the possibility of such damages. 5. SECURITY. The User agrees that he/she is solely responsible for all use of the Software through his/her Username and Password. The User is obliged to keep his/her Username and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Username or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User. 6. TERMINATION. Without prejudice to any other rights, GDC may immediately terminate this Agreement if you fail to comply with the terms and conditions contained herein. In such event, you must destroy all of your copies of the Software. 7. AMENDMENT. GDC reserves the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement. 8. GOVERNING LAW. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of the United States of America and the internal laws of the State of Michigan. Each party irrevocably agrees that the relevant courts of the State of Michigan shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. The User shall be liable for any and all costs and attorney fees incurred by GDC as a result of the User's violation of this Agreement. 9. SEVERABILITY. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. Copyright © 2005 Gaming Data Collection, Inc. All rights reserved. More information is available at www.pokerprophecy.com. GDC can be contacted by email at support@pokerprophecy.com. Gaming Data Collection, Inc. encourages you to gamble responsibly. If you or someone you know has a gambling problem, call 800.522.4700 or go to: www.ncpgambling.org.