STANDARD TERMS AND CONDITIONS FOR THE USE OF CheckMath SOFTWARE AS A SERVICE
This section is an addendum to the standard terms and conditions and describes specifically the conditions for the use of CheckMath Software as a Service. These terms and conditions and equivalent to an end user software license agreement.
PLEASE READ THIS CAREFULLY BEFORE CONTINUING
This text appears when downloading “PP Solutions” CheckMath software from www.checkmathpoker.com, but you must also accept this before subscribing to CheckMath software as a service.
BEFORE CLICKING ON THE ACCEPT BUTTON TO COMMENCE DOWNLOADING THE SOFTWARE, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. BY CLICKING ON THE ACCEPT BUTTON YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT AND AGREE TO BECOME A LICENSEE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT YOU SHOULD CLICKING ON THE «DO NOT ACCEPT» BUTTON AND NOT DOWNLOAD OR USE THE SOFTWARE.
When you accept the terms and conditions of this Licence Agreement by downloading and/or subscribing to CheckMath software as a service, CheckMath (the «Licensor») shall immediately grant you (the «Licensee») a limited, non-exclusive, non-transferrable licence to Use CheckMath software (the «Software») on a maximum of 1 device for each CheckMath license purchased. You may not transfer the Software electronically from one computer to another without deactivating and may not distribute it over a network.
20. Use of the Software
20.1 In this Licence Agreement, «Use» shall be defined as including the installation of the Software by copying, transmitting or loading it into the permanent memory of a computer or other device (each a «Computer») for the processing of the system instructions or statements contained in the Software..
21. Nature of the Software
The Software is commercially licensed software. It is not open-source, freeware or shareware. The licence fee payable for Use of the Software in accordance with this Licence Agreement as in the quotation made by the Licensor, and is payable monthly, quarterly or annually in advance.
22. Licensee’s Undertakings
By accepting the terms and conditions of this Licence Agreement you hereby undertake:
22.1 Not to copy the Software;
22.2 Not to disassemble, decompile or otherwise reverse-engineer the Software;
22.3 Not to Use CheckMath Software on more than the number of devices for which it was purchased unless it was deactivated on other devices;
22.4 To ensure that your employees, agents and other parties under your control who will use the Software do so in accordance with the terms and conditions of this Licence Agreement and are accordingly notified of the same;
22.5 To reproduce and include any and all copyright notices of the Licensor as they appear in or on the Software and any and all copies thereof;
22.6 Not to permit or facilitate the Use of the Software in any manner which would constitute a breach of the terms and conditions of this Licence Agreement;
22.7 Not to place or distribute the Software on any website, ftp server or similar location without the express prior written consent of the licence; and
22.8 Not to Use the Software for any purpose which may be deemed immoral, illegal, offensive, threatening, abusive or otherwise harmful.
22.9 Your data belongs to you and can only be accessed by people who have your login and password or by CheckMath technical support as a result of you raising a support ticket. It is your responsibility to use secure passwords and change regularly. The servers and database belong to CheckMath and you can only access your data through CheckMath Software.
23. Transferring the Software
23.1 The Software is licensed only to you. You may not rent, lease, sub-licence, sell, assign, pledge, transfer or otherwise dispose of the Software, on a temporary or permanent basis, without the prior written consent of the Licensor.
24. Limited Warranty
24.1 Subject to the limitations and exclusions of liability below, the Licensor warrants that the Software will materially conform with any documentation that accompanies it and with any descriptions provided by the Licensor.
24.2 Subject to sub-Clause 24.1, the Software is provided «as is» without any warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
24.3 The Licensor does not warrant that the Software will be error-free or that such errors will be corrected and the Licensee is solely responsible for all costs and expenses associated with the rectification, repair or damage caused by such errors.
24.4 The Licensor shall not be liable if the Software fails to operate in accordance with the limited warranty set out in sub-Clause 24.1 as a result of any modification, variation or addition to the Software not performed by the Licensor or caused by any abuse, corruption or incorrect use of the Software, including use of the Software with equipment or other software which is incompatible.
24.5 In the event that the Licensor incurs any liability of any kind, that liability shall be limited to the licence fee paid by the Licensee for the Software or the quarterly fee paid for software as a service. Nothing in this Clause 24 nor in the remainder of this Licence Agreement shall limit or exclude the Licensor’s liability for death or personal injury arising out of the Licensor’s negligence nor for fraudulent misrepresentation.
25. Your Statutory Rights
This Licence Agreement gives you specific legal rights and you may also have other rights that vary from one country to another. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions included in this Licence Agreement may not apply to you. Other jurisdictions do allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions included in this Licence Agreement shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the limitations or exclusions in this Licence Agreement is held to be void or unenforceable, such part shall be deemed to be deleted from this Licence Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i. e. a purchaser for private as opposed to business, academic or government use) are not affected.
26. Intellectual Property Rights
The Software and related documentation are copyright works of authorship and are also protected under applicable database laws. The Licensor retains ownership of the Software, all subsequent copies of the Software and all intellectual property rights subsisting therein, regardless of the form in which such copies may exist. This Licence Agreement is not a sale of the original Software or any copies thereof.
27. Term and Termination
27.1 This Licence Agreement is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any form.
27.2 This Licence Agreement shall also terminate upon conditions set out elsewhere in this Licence Agreement or if you fail to comply with of the terms and conditions of this Licence Agreement.
27.3 This Licence Agreement shall also terminate when software as a service payments have not been made (all payments are to be made in advance).
27.4 You agree that, upon such termination, you will destroy the Software including any copies in whatever form.
27.5 Your data belongs to you and can only be accessed by people who have your login and password or by CheckMath technical support as a result of you raising a support ticket. It is your responsibility to use secure passwords and change regularly. The servers and database belong to CheckMath and you can only access your data through CheckMath software.
28.1 Each party irrevocably agrees that the courts of the country of registration of the Licensor, its subsidiary office, or reseller which issues an invoice for the Software, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Licence Agreement and the place of performance of this Licence Agreement shall be that country and the laws of that country shall govern such controversy or claim.
28.2 This Licence Agreement constitutes the complete and exclusive statement of the Licence Agreement between the Licensor and you with respect to the subject matter of this Licence Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
28.3 Any Clause in this Licence Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Licence Agreement shall not be affected by that deletion.
28.4 Failure or neglect by either party to exercise any of its rights or remedies under this Licence agreement will not be construed as a waiver of that party’s rights nor in any way affect the validity off the whole or part of this Licence Agreement nor prejudice that party’s right to take subsequent action.
28.5 This Licence Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Licence Agreement or any right or obligation under it without the Licensor’s prior written consent.
Any questions concerning this Licence Agreement or the Software should be directed to the Licensor. Contact details are available from