NOTICE TO USER: THIS IS A CONTRACT. BY DOWNLOADING AND INSTALLING ANY POKERWIZ® PROGRAM, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  

1. Intellectual Property Rights:

1.1 PokerWiz® software programs (the "Software") and the accompanying written materials are copyrighted and are proprietary products of David A. Daniel (“us”, “we”, “our”, “the developers”, “PokerWiz.com”).  The Software is also protected by United States and International Copyright Law and international Treaty provisions. PokerWiz® is a Registered Trademark owned by us and shall be used in accordance with accepted trademark practice. Such Trademark can only be used to identify printed output produced by the Software. Such use of the Trademark does not give you any rights of ownership in that trademark nor does it give you the right to use the Trademark in any other way or in any other context. This Agreement does not grant you any intellectual property rights in the Software whatsoever. All rights of the Software are reserved.

2. Use of the Software/License:

2.1 The Software is for personal, non-commercial use and is to be used for entertainment purposes only and you agree that it will only be used for such purposes.
2.2 The Software is not to be used in conjunction with any gaming or wagering activity for value and should you decide to use the Software for such activity you will (i) be in breach of this license agreement and (ii) do so entirely at your own discretion and risk. You agree that any online (Internet, Intranet or otherwise) use of the Software will be limited solely to “play money” games of no monetary value.
2.3 You are licensed to install the Software on one single computer and to use it within the context of its functions as described herein. No other license is granted or implied and no other use is permitted.
2.4. All rights in the software are reserved, and you may use the software only as licensed to you. You may not copy, decompile, reverse engineer, disassemble or otherwise attempt to access the source code of the software, or modify, adapt, or translate the software, or otherwise do anything to or with the software that is not strictly required for normal licensed use. The architecture and code of the software are valuable trade secrets of the developers, and you undertake not to disclose any information relating to the architecture or code that you may obtain from installing or use of the software.
2.5 You have no transferable rights in the software or this license, and you may not sub-license or rent out the software or assign or otherwise dispose of this software, whether for value or not, nor attempt to do so.

3. Limitation of Warranty

3.1 THE DEVELOPERS AND THEIR SUPPLIERS, RESELLERS, AGENTS, EMPLOYEES OR ANYONE ASSOCIATED WITH THE DEVELOPMENT, DISTRIBUTION OR PROMOTION OF THE SOFTWARE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR ITS ACCOMPANYING MATERIAL.
3.2 No performance warranty of any kind is granted or implied with the one exception that the Software is warranted to be free of technical defects, under normal use, for a period of 60 days from its installation in your computer. Technical defects found in the Software will be corrected by the developers either through upgrade or replacement of the Software at our sole discretion.
3.3 Once any PokerWiz® product has been purchased there are NO REFUNDS available or offered for any reason whatsoever including but not limited to “purchase by mistake”. Any remedial action necessary, as decided at the sole discretion of PokerWiz®, will be undertaken within the terms of items 3.1 and 3.2 above.

4. Liability

4.1 IN NO EVENT WILL THE DEVELOPERS AND THEIR SUPPLIERS, RESELLERS, AGENTS, EMPLOYEES OR ANYONE ASSOCIATED WITH THE DEVELOPMENT, DISTRIBUTION OR PROMOTION OF THE SOFTWARE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, PURE ECONOMIC OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE DEVELOPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE DEVELOPERS’ AGGREGATE LIABILITY AND THAT OF ANY OTHER PARTY 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 OUR LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE.
4.2 In no event shall we be liable for any direct, indirect, punitive, special, incidental or consequential damages, losses, costs and expenses in connection with or arising out of this agreement or your use of the Software, however they may occur, whether for breach of contract, tort (including but not limited to negligence) or otherwise, even if we received prior notice of the possibility of such damage.
4.3 In no even shall we be liable for any malfunctions of the Software, bugs or viruses, of any kind, resulting in lost data or any other damage to your computer equipment or software.

5. General

5.1. If any part of this license is found to be invalid, void, or unenforceable, then the remainder of the license shall remain in force. Nothing in this agreement shall affect any overriding statutory rights that you may have under the law of any competent jurisdiction.
5.2. PokerWiz®, its owners, developers, resellers, representatives and anyone else associated with it are unaffiliated with any of the various companies, web sites, poker rooms and others mentioned or listed on its pokerwiz.com website and accordingly disclaim liability for, and make no representations, warranties or guarantees in connection with, any of said companies, poker rooms, web sites or others.

6. Law

6.1. This license shall be governed by English Law excluding any English conflict of law rules, and the courts of England shall have exclusive jurisdiction over all disputes arising from the use of the software or arising from this license.