Lotto Sorcerer's Apprentice End User License Agreement
This "End User License Agreement" ("Agreement"), dated February 19, 2019, supersedes all prior Agreements. Under this Agreement, Satori Publishing (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license ("License") to use Lotto Sorcerer's Apprentice (the "Software").
The English version of this Agreement supersedes all non-English versions, parts and parcels of the Agreement.
The Software includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
Failure to comply with any of the terms of this Agreement will be considered a material breach of this Agreement.
Part I: Your Agreement to this License
The Licensee should carefully and completely read this License before downloading, installing, using, distributing the Software, and before purchasing the registration fee for the Software. Unless you have a different license agreement signed by the Vendor, your use, distribution, or installation of the Software indicates your acceptance of the License. If agreement to this License is in violation of local, regional, national or international laws, you are prohibited from downloading, installing or using the Software. Your installation, use or purchase of the registration fee of the Software signifies your agreement to this License.
Part II: Evaluation Version Specifics
The terms and conditions of Part I, Part II and Part IV of this License describe the permitted use(s) of each Evaluation Copy of the Software.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by the Vendor to use one copy of the Software, on one (1) computer or workstation, for evaluation purposes without charge for a period of 12 uses. If you use this software after the 12-use evaluation period a registration fee is required. For current pricing, see the the Vendor's web site at http://www.satoripublishing.com/LSA/ or write Satori Publishing, P.O. Box 8566, Michigan City, IN 46361-8566, USA. Payments via check must be in US dollars drawn on a US bank. Payments via money order must be made using a United States Postal Service money order or an international money order, and must be in US dollars. Checks and money orders should be sent to Satori Publishing, P.O. Box 8566, Michigan City, IN 46361-8566, USA.
See the the Vendor's web site at http://www.satoripublishing.com/LSA/ for information about secure online ordering. Online ordering is processed through PayPal, and can be transacted in other currencies besides US dollars.
Unregistered use of the Software after the 12-use evaluation period is in violation of U.S. and international copyright laws, including, but not limited to, the Digital Millennium Copyright Act of the United States.
You may, without making any payment to the Vendor:
- give exact copies of this evaluation version of the Software personally to anyone, except for the purpose of extending their 12-use evaluation period;
- distribute exact copies of this evaluation version of the Software, if done exclusively through electronic channels; and
- make as many exact copies of this evaluation version of the Software as you wish, for purposes of distribution as described in (1) and (2) above.
You are not prohibited from charging, or requesting donations, for any copies of the evaluation version, however made, and from distributing such copies with other products of any kind, commercial or otherwise. However, the Vendor reserves the right to revoke the above distribution rights at any time, for any or no reason.
Part III: Licensed (Registered) Version Specifics
The terms and conditions of Part I, Part III and Part IV of this License describe the permitted use and user(s) of each Licensed (Registered) Copy of the Software.
For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of the Software on one user account on one computer.
You agree to allow Lotto Sorcerer's Apprentice to transmit from time to time, via TCP/IP, information required to validate your registration code.
The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Purchase of the License Fee 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.
Scope of License
Each Licensed Copy of the Software may be used only by a single person on one user account on one computer. If there are multiple users on the computer or workstation, each user must have a separate license. This is not a concurrent use license. This is a "named-seats" license.
Part IV: General Terms and Conditions
The terms and conditions of Part IV of this License describe the permitted use of each Evaluation and/or Licensed (Registered) Copy of the Software.
All rights of any kind in the Software which are not expressly granted in this License are entirely and exclusively reserved to and by the Vendor.
You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, the Software, nor permit anyone else to do so. Attempts to circumvent the registration process (including, but not limited to: counterfeiting the registration codes to the Software; using fraudulent means to acquire the registration codes to the Software) is software piracy and is a violation of international law, the Copyright Law and the Digital Millennium Copyright Act of 1998. Detected violations and the discovery will be reported to the appropriate law enforcement authorities; the violator will be subject to court costs, seizure of any property used in the act of the piracy, statutory and/or punitive damages to the Vendor of US$100,000 per infringed copy, plus fines of US$250,000 and/or prison terms for up to six years.
You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
Warranty Disclaimers and Liability Limitations
THE SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM, INCLUDING THE SOFTWARE, MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
THE VENDOR WILL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PRODUCTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR ANY OTHER BUSINESS OR ECONOMIC DISADVANTAGE SUFFERED BY THE LICENSEE ARISING OUT OF THE USE OR FAILURE TO USE THE SOFTWARE.
THE VENDOR DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE LICENSEE ACCEPTS THAT SOFTWARE IN GENERAL IS PRONE TO ERRORS AND FLAWS WITHIN AN ACCEPTABLE LEVEL AS DETERMINED IN THE INDUSTRY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE SOFTWARE IS PROHIBITED FROM BEING INSTALLED, PURCHASED, USED OR DISTRIBUTED IN THOSE STATES OR JURISDICTIONS.
The word "guarantee", used in the Software, only has mathematical meaning and implies no legal liability.
Additionally, no refunds will be given after purchase of the Software. You must utilize the evaluation period to decide if the Software meets your needs and is compatible with your systems.
The absolute maximum liability of the Vendor will be limited exclusively to purchase price. In addition, in no event shall the Vendor, or its principals, owners, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of the Software, or to your relationship with the Vendor.
In addition, in no event does the Vendor authorize you or anyone else to use the Software in applications or systems where the Software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at your own risk, and you agree to hold the Vendor harmless from any and all claims or losses relating to such unauthorized use.
Warrants and Representations
The Vendor warrants and represents that it is the sole copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software.
No user support or maintenance is provided as part of this Agreement.
Lottery Data Subscription Service
THE "LOTTERY DATA SUBSCRIPTION SERVICE" IS AN OPTIONAL, ADD-ON SERVICE AND IS NOT REQUIRED IN ORDER TO USE THE SOFTWARE. IT IS NOT INCLUDED WITH THE PURCHASE OF THE REGISTRATION FEE OF THE SOFTWARE.
The term of this Agreement will begin on Acceptance and is perpetual.
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event, natural or man-made, where the Vendor has taken any and all appropriate action to mitigate such an event.
This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Indiana, without regard to Indiana choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Indiana, county of La Porte, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by the Vendor herein. Any waiver by the Vendor of any violation of this License by you shall not constitute, nor contribute to, a waiver by the Vendor of any other or future violation of the same provision, or any other provision, of this License. This software is not to be used where the Software or any term of this License is void or prohibited by law.