THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN (I) YOU AND (II) POKERHIGH (“COMPANY”) STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE POKER APPLICATIONS OFFERED BY THE NETWORK PROVIDER, WHICH MAY INCLUDE, BUT NOT BE LIMITED TO “POKERHIGH” APPLICATION. PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, DOWNLOADING, INSTALLING, AND/OR USING THE APPLICATION, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL AND/OR USE THE APPLICATION
1. License Grant: Subject to the terms and conditions of this Agreement, the COMPANY hereby grants to you a limited, non-transferable, non-sublicensable, non-assignable and revocable sublicense to install and/or use the Application solely for your own personal, non-commercial use on devices that you own or control. For the avoidance of doubt, the Application is sublicensed, not sold, to you by the COMPANY pursuant to and subject to the terms and conditions of this Agreement and any other applicable terms and conditions promulgated by any third-party processor not affiliated with the Company (a “Third-Party Processor”). The COMPANY reserves all rights not expressly granted to you herein. You acknowledge and agree that this Agreement is between you and the COMPANY and acknowledge that no Third-Party Processor is a party to this Agreement.
2. Use of Application: In order to use the Application, you must be a user of an (i) personal computing device running a compatible version of either Windows or macOS or (ii) a mobile device running a compatible version of Android or iOS (as may be applicable from time to time), with means of accessing the internet through such personal computing or mobile devices (such as Wi-Fi). Any user below (i) 18 years of age; (ii) below the age of majority in the applicable jurisdiction; or (iii) individuals using the Application from jurisdictions, where it is illegal to connect to or access the Services, will not be allowed to use the Services. We reserve the right at any time to request from you evidence of your age in order to ensure that minors are not using the Services. We further reserve the right to suspend your account and exclude you, temporarily or permanently, from using the Services if satisfactory proof of age is not provided or if we suspect that you are underage.
3. Restrictions: This Agreement does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a Company where it could be used by multiple devices at the same time. You hereby represent that you are in control of the device through which you utilize the Application and are entitled to use such a device for the purpose of availing of the Services. In case this device is owned by another person or uses a number registered in the name of another person, you hereby certify that on behalf of the owner of such device, that you are authorized to install, subscribe to, and use the Application on such device. You may not rent, lease, lend, sell, redistribute, transfer or further sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of the COMPANY, and its respective affiliates and their licensors, as applicable. If you breach this restriction, you may be subject to prosecution and damages. The terms and conditions of the Agreement shall govern any upgrades or updates provided by the COMPANY that replaces and/or supplements the original Application, unless such upgrade is accompanied by or references a separate license agreement in which case the terms of that license agreement shall govern.
4. Use of Data: You agree that the COMPANY or any of its affiliates or clients may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. The Company or its affiliate or client may use this information to improve its products or to provide services or technologies to you. Furthermore, the Company may collect certain personally identifiable information in the course of permitting you to use the Application. You acknowledge and agree that the Company may use this information in any manner consistent with its policies and obligations under applicable law, including without limitation for the purpose of sending marketing material and other materials relating to the Company, either in electronic or paper form, to you.
5. Proprietary Rights: Except for the limited sub-license granted to you herein, nothing in this Agreement shall be construed to grant any right, title interest in and to the Application to you or to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect the Company’s, its affiliates’ and/or their licensors’ ownership or proprietary rights therein.
6. Content: You acknowledge that the content provided on the Application has been compiled from various sources including from external sources, including without limitation the clients and/or licensors of the Company. No representation is made, or warranty given as to the completeness or accuracy of such information. The content of the Application may contain typographical errors, incomplete or out of date information. You acknowledge and agree that the Company and/or its content providers reserve the right to correct any typographical errors in the content provided on the Application. By using the Application, you agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials or content provided on the Application. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, third-party materials or websites, or for any other materials, products, or services of third parties hosted in the Application. Third-party materials and links to other web sites are provided in the Application solely as a convenience to you. Location data, if any, provided by the Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data if any displayed in the Application.
7. No Warranty: You expressly acknowledge and agree that the use of the Application is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort of the Application is with you. To the maximum extent permitted by applicable law, the Application and any Services performed or provided by or in connection with the Application are provided “as is” and “as available”, with all bugs and faults and without warranty of any kind, and the Company, its affiliates, content providers and licensors hereby disclaim all warranties and conditions with respect to the Application and any services, either express, implied or statutory, including, without limitation, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title, and of non-infringement of third party rights. Neither the Company, nor any of its affiliates, content providers or licensors warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from, or provided by, the Application will meet your requirements, that the operation of the Application or services will be uninterrupted or error-free, or that defects in the Application or services will be corrected. No oral or written information or advice is given by the Company, its affiliates or any of its authorized representatives shall create a warranty. Should the Application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
8. Limitation of Liability: To the extent not prohibited by law, in no event shall the Company or its affiliates, content providers or clients be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary or consequential, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Company or its affiliates, content providers or clients have been advised of the possibility of such damages.
9. Indemnification: You agree to indemnify, defend, and hold the Company, its affiliates and its successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use or alteration of the Application (or any component thereof) in violation of this Agreement. The Company reserves the right to assume the exclusive defence and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
10. No Guarantee of Continued Use or Availability: The Company and its affiliates, clients and content providers reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Application and/or any services without notice to you and neither the Company nor its affiliates, clients, content providers, any of its licensors shall be liable to you or any third party should they exercise such rights. From time to time, the Company may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade or may not be available if you have not downloaded all updates and upgrades made available by the Company or otherwise.
11. Changes to the Agreement: The Company may make changes to this Agreement, at any time and from time to time and a new copy of this Agreement shall be made available on the Application. By using the Application and/or any Services after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and the Company shall treat your use as acceptance of the changed provisions.
12. Termination: This Agreement is effective until terminated by you or the Company and shall be deemed to have been terminated automatically if you breach or. fail to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application, and destroy all copies, full or partial, thereof.
13. Governing Law and Interpretation: This Agreement and all the policies referenced herein constitute the entire agreement between the Company and you concerning the subject matter hereof. This Agreement and the Application, including any content and information contained therein, shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. No failure or delay by the Company, its affiliates, clients, content providers or licensors to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without the Company’s prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
14. Contact Information: You may contact the Company at the following addresses:
(a) For customer inquiries: [email protected]
(b) For legal communications: [email protected]