DONOHOE DIGITAL LLC - End User License Agreement

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC EXCEPTIONS IN SECTION 12. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.

1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Donohoe Digital or third party computer information or software; (ii) "Activation Number(s)" used to install and activate the product; (iii) digital images and designs (including, but not limited to .gif, .jpg, .png, and .ico files), sounds or other artistic works ("Media Files"); and (iii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Donohoe Digital (collectively, "Updates"). "Use", "Used" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Computer" means one central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Donohoe Digital" means Donohoe Digital LLC, a Colorado Limited Liability Company, 7273 Lemon Gulch Way, Castle Rock, Colorado 80108.

2. Software License. As long as you comply with the terms of this End User License Agreement (the "Agreement"), Donohoe Digital grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation, as further set forth below. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials or in the "Credits" section of any help documentation viewable when using the Software.

2.1. General Use. You may install and Use one copy of the Software on your compatible Computer ("Primary").

2.2. Alternate Computer Use. The primary user of the Computer on which the Software is installed may also make a second copy for his or her exclusive use on an alternate Computer provided the Software on the alternate Computer is not being used at the same time the Software on the Primary computer is being used.

2.3 Change Computers. You are free to uninstall the Software from either Primary or Alternate computer and install on another computer provided you follow the general rule that you are only allowed to have the Software installed on two computers at the same time.

2.4 Activation Number. Installation requires entering an "Activation Number" to activate the Software so you may use it. You may use the Activation Number on the Primary and Alternate computers, both for initial installation or re-installation if necessary. You agree not to share the Activation Number with another party. Should Donohoe Digital detect that your Activation Number has been used in a manner contrary to this license, Donohoe Digital reserves the right to ban the activation number. No refunds will be given for banned activation numbers.

2.5. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or Used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided in the Transfer section in this Agreement.

2.6. Media Files. You may not copy, transfer, or reuse in any manner the Media Files included as part of the Software.

2.7. Installer. You are free to distribute the installer (CD or download) to friends and family provided you do not provide them with the accompanying Activation Number. Running the installer without an activation number permits the user to run the "Demo" version of the Software. Users of the Demo must also agree to this license agreement in order to use the software.

2.8. Commercial Use. You are prohibited from using the Software for commercial use, including LAN gaming centers. For a LAN gaming license, send email to license(at)donohoe.info.

3. Intellectual Property Rights. The Software and any copies that you are authorized by Donohoe Digital to make are the intellectual property of and are owned by Donohoe Digital LLC and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Donohoe Digital LLC and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being Used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Donohoe Digital.

4. Transfer. You may not, rent, lease, sell, sublicense, un-bundle and/or repackage for distribution or resale, or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, (ii) the activation number(s), Software and all other software packaged or pre-installed with the Software, including all copies, Updates and prior versions, and (iii) all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer pre-release or not for resale copies of the Software.

5. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates. If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, the total number of your computers on which all versions of the Software are installed may not exceed one (1) copy. You may not, rent, lease, sell, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: (a) the Update and the previous version are installed on the same computer; (b) the previous version or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Donohoe Digital may have to support the previous version of the Software may be ended upon availability of the Update.

6. LIMITED WARRANTY. Except as may be otherwise provided in Section 12, Donohoe Digital warrants to the person or entity that first purchases a license for the Software for use pursuant to the terms of this license, that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASE (BETA), DEMO, TRYOUT, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE (See Section 12). To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Donohoe Digital and your exclusive remedy shall be limited to either, at Donohoe Digital's option, the replacement of the Software or the refund of the license fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For further warranty information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Donohoe Digital's Customer Support Department.

7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DONOHOE DIGITAL'S OR ITS SUPPLIER'S BREACH OF WARRANTY. DONOHOE DIGITAL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DONOHOE DIGITAL AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of section 7 and section 8 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL DONOHOE DIGITAL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DONOHOE DIGITAL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DONOHOE DIGITAL'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Donohoe Digital's liability to you in the event of death or personal injury resulting from Donohoe Digital's negligence or for the tort of deceit (fraud). Donohoe Digital is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Donohoe Digital's Customer Support Department.

9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

10. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Colorado. The courts of Douglas County, Colorado shall have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11. General Provisions. 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 not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Donohoe Digital. Updates may be licensed to you by Donohoe Digital with additional or different terms. The English version of this Agreement shall be the version used when interpreting or construing this Agreement. This is the entire agreement between Donohoe Digital and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

12. SPECIFIC EXCEPTIONS.

12.1 Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Donohoe Digital, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS," and Donohoe Digital disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, DONOHOE DIGITAL'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF TEN DOLLARS (U.S. $10) IN TOTAL. You acknowledge that Donohoe Digital has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Donohoe Digital has no express or implied obligation to you to announce or introduce the Pre-release Software and that Donohoe Digital may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Donohoe Digital, you will provide feedback to Donohoe Digital regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Donohoe Digital of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Donohoe Digital and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Donohoe Digital's first commercial shipment of the publicly released (commercial) Software.

12.2 Demo, Tryout, Product Sampler, Not for Resale (NFR), Additional Terms. If the product you have received with this license is a demonstration, tryout, product sampler, or NFR copy of the Software ("Tryout Software" or "Demo"), then the following Section applies until such time that you purchase a license to the full retail version of such product. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Tryout Software, but only to the extent necessary to resolve the conflict. YOU ACKNOWLEDGE THAT THE TRYOUT SOFTWARE CONTAINS LIMITED FUNCTIONALITY AND/OR FUNCTIONS FOR A LIMITED PERIOD OF TIME. DONOHOE DIGITAL IS LICENSING THE SOFTWARE ON AN "AS IS" BASIS, SOLELY AS A DEMONSTRATION MODEL. If the Tryout Software is a timeout version, then the program will terminate operations after a designated period of time (e.g. 15, 30, or 45 days) following installation (the "Time Out Date"), which is specified in the Software. Upon such Time Out Date, the license hereunder shall be terminated, unless extended by Donohoe Digital upon your purchase of a full retail license from Donohoe Digital. You acknowledge that such Tryout Software shall cease operation upon the Time Out Date and accordingly, access to any files or output created with such Tryout Software or any product associated with the Tryout Software is done entirely at your own risk. DONOHOE DIGITAL DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, INCLUDING. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR TRYOUT SOFTWARE, BUT IT MAY BE LIMITED, DONOHOE DIGITAL'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF TEN DOLLARS (U.S. $10) IN TOTAL.

13. INTERNET FEATURES.

13.1 Internet Access Terms. The Software may include features that require an Internet connection and a valid email address to function properly. Obtaining and paying for a connection to the Internet and obtaining a valid email address is your responsibility. Donohoe Digital shall not be liable if you do not have or cannot obtain an Internet connection or valid email address to use such features of the software.

13.2 Online Game Play. The Software may include features for playing games over the Internet via a central server or servers that Donohoe Digital or its suppliers maintain ("Online Service"). Use of the Online Service is subject to the terms of this license agreement. Donohoe Digital makes no warranties with regard to the availability of the Online Service and may, at its discretion, choose at any time to terminate the Online Service or charge money for use of the Online Service.

13.3 Use of Online Service. Use of Online Service requires a valid email address to participate in games. By playing an online game and providing your email address, you agree to allow Donohoe Digital or its suppliers to send you email regarding the availability of the Online Service and important product updates. Donohoe Digital will not sell or provide your email address to any other party.

13.4 Online Profile. The software may include features for creating an online profile for use in conjunction with Donohoe Digital maintained servers or websites. Use of this profile is subject to the terms of this agreement and any agreement posted on the associated Donohoe Digital website. User agrees to abide by the most current version of the public website license terms.

14. GAMBLING DISCLAIMER.

14.1 Gambling Laws - Entertainment Purposes Only. The features and content of the Software are provided solely for entertainment purposes. Donohoe Digital urges persons interested in hosting their own poker tournament to check their local, state and federal government laws before they do so. Some entities have specific laws against gambling, house cuts, house rakes, age limits, and other related topics. Donohoe Digital makes no representation whether it is legal for your to run a poker tournament in your home - IT IS ENTIRELY YOUR RESPONSIBILITY TO CHECK ON THESE LAWS. IN NO EVENT WILL DONOHOE DIGITAL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY ILLEGAL ACTIVITY THAT IS CONDUCTED IN CONJUNCTION WITH THE SOFTWARE. IN NO EVENT WILL DONOHOE DIGITAL OR ITS SUPPLIERS BE LIABLE TO YOU FOR MONEY GAINED OR LOST AT ANY POKER TOURNAMENT CONDUCTED IN CONJUNCTION WITH THE SOFTWARE. Donohoe Digital makes no promises or guarantees on the outcome of your wagers, and gives no assurances as to whether you will make or lose money.

14.2 Gambling Addiction. Poker is gambling, and people can and do lose money, sometimes substantial sums. Gambling can be addictive. The software is not intended for use by compulsive gamblers. If you may be or may know someone who is a compulsive gambler, please visit Gamblers Anonymous at http://www.gamblersanonymous.org/. Please gamble responsibly.