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License Agreement and Terms
User Notice
This is a contract. By purchasing this Lottery Service Subscription Service ("Service") you ("User") accept all of the terms and conditions of this agreement.
This Lottery Service Subscription Service End User License Agreement accompanies the Service and related explanatory materials. The term "Service" also shall include any upgrades, modified versions or updates of the Service licensed to you by Satori Publishing ("the Company"). Please read this Agreement carefully. Your purchase of the Service is a declaration that you accept and will abide by this agreement.
Upon your acceptance of this Agreement, the Company grants to you a nonexclusive license to use the Service, provided that you agree to the following:
Use of the Service
You may not make the Service, or concomitant data, publicly available in any downloadable format (i.e. files [compressed or otherwise] or static or dynamic webpages), on media, on public networks such as bulletin boards, online services, or the internet, or on a private network.
Copyright and Trademark Rights
The Service is owned by the Company, and its structure, organization and code are the valuable trade secrets of the Company. The Service also is protected by United States Copyright Law and International Treaty provisions. This Agreement does not grant you any intellectual property rights in the Service nor ownership of the Service.
Additional Responsibilities
This Service is provided as a continual service until the User or Company terminates this Service. User acknowledges that it is wholly his or her own responsibility to terminate this Service in a timely manner if the User does not wish to be charged for this service. The Company is under no obligation to issue notifications of upcoming charges in the billing cycle for which the User agreed to.
Purchase of the Service through a third-party agent is valid if, and only if, the Vendor has received payment from the third-party agent. Any claims must be submitted to and through the third-party agent.
Restrictions
This Service is to be used only within the software known as Lotto Sorcerer™, as part of its data integration functions. Any other use is a violation of this Agreement.
Limitations
This Service is to be used only for one installation of Lotto Sorcerer. If the User has multiple installations of Lotto Sorcerer, and desires that this Service be active for multiple installations of Lotto Sorcerer, then a separate purchase of the Service must be acquired for each installation of Lotto Sorcerer that the Service is to be made available.
No Warranty
Although we strive for completeness and accuracy, we do not warrant and/or guarantee completeness and/or accuracy. Company reserves the right to terminate this Service, or portions of this Service, at any time. This Service is being delivered to the User AS IS and the Company makes no warranty as to Service's use, accuracy, completeness, consecutiveness or performance, not does the Company warrant that the service will be uninterrupted. THE COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DATA OR DOCUMENTATION. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or 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.
User understands that no refunds will be granted, except if and when the Company permanently terminates this entire Service to all Users, by the following calculations: a) for monthly subscriptions, this refund will be calculated by the number of days remaining in the current term, multiplied by US$0.20; b) for subscriptions other than monthly subscriptions, including "lifetime subscriptions" this refund will be calculated by the amount the User has paid, less the number of months User has had access to the active Service multiplied by the standard monthly rate (US$9.99). If this calculated amount is below zero, there will be no refund.
Governing Law and General Provisions
This Agreement will be governed by the laws of the State of Indiana, U.S.A., 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. 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.
This Agreement is binding except in the case where a signed, certified letter is issued by the Company amending the Agreement.
Other
The User acknowledges that the purchase of this Service does not include the registration code for Lotto Sorcerer.
Unpublished rights reserved under the copyright laws of the United States.
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