John R. Hamilton Enterprises, Inc.
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COMBINATION KENO PRO
END USER LICENSE AGREEMENT (EULA)
IMPORTANT-READ CAREFULLY:
This End-User License Agreement "EULA" is a legal agreement between you (either an individual or a single entity) and "JOHN R. HAMILTON ENTERPRISES, INC." for its Software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, UNINSTALL, DO NOT INSTALL, COPY, OR USE THE SOFTWARE;
GRANT OF LICENSE.
"JOHN R. HAMILTON ENTERPRISES, INC." grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install, use, access, display and run the Software.
RESERVED RIGHTS.
You acknowledge and agree that the Software is a proprietary product of "JOHN R. HAMILTON ENTERPRISES, INC." protected by copyright and other applicable intellectual property laws and treaty provisions. You further acknowledge and agree that the entire right, title and interest in and to the Software including associated intellectual property rights, shall remain with "JOHN R. HAMILTON ENTERPRISES, INC.". This license grant may be made by "JOHN R. HAMILTON ENTERPRISES, INC." of the license rights provided herein. "JOHN R. HAMILTON ENTERPRISES, INC." retains all rights not expressly granted to you in this EULA. THE SOFTWARE IS LICENSED, NOT SOLD.
ENTERTAINMENT USE ONLY. THIS SOFTWARE IS FOR ENTERTAINMENT USE ONLY AND IS NOT A PROMOTION OF GAMBLING OF ANY KIND INCLUDING ONLINE GAMBLING. THE OUTCOME OR ANALYSIS RESULTS OBTAINED USING THIS SOFTWARE ARE NOT TYPICAL AND WILL VARY WITH EACH USE.
REGISTRATION.
You acknowledge that registration, activation, or a License Key File may be required in order for you to utilize the full benefits of the Software.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. To the extent that you are expressly permitted by law to undertake any of the activities listed in the previous sentence, you will not exercise those rights until you have provided "JOHN R. HAMILTON ENTERPRISES, INC." with thirty (30) days prior written notice of your intent to exercise such rights.
DATA CAPTURE AND USE.
You agree that "JOHN R. HAMILTON ENTERPRISES, INC." may collect and utilize technical information gathered as part of Software support services that may be provided to you. Data capture in this form will only be used to improve software products by "JOHN R. HAMILTON ENTERPRISES, INC." and/or provide customized services to you. Including but not limited to using such information gathered to generate Hardware Lock License Key files for the Software.
NO RENTAL OR COMMERCIAL HOSTING.
Software is licensed for Production Use only. You may not rent, lease, lend or provide commercial hosting services with the Software. You may also not use the Software to provide fee or transaction based services.
TRANSFER.
You may transfer the Software and the EULA to a different Device provided you completely remove the Software from all prior Devices. You acknowledge that such transfer will inactivate prior Device by the Software to prohibit continued use on prior Device. You acknowledge that reactivating a prior Device will involve contacting "JOHN R. HAMILTON ENTERPRISES, INC.", which your license status will be verified.
LIMITED WARRANTY.
The Software is provided "AS-IS" and specifically without warranty of any kind. It is understood that "JOHN R. HAMILTON ENTERPRISES, INC." is not responsible for your use of the Software or the results from such use. It is further understood that there may be errors or omissions in the information contained in the Software, that the information contained in the Software may not be current or complete and that defects in hardware or software may prevent you from gaining access to the Software. Any supplements or updates to the Software are not covered by any warranty or condition, express, implied or statutory.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. THE SOFTWARE IS PROVIDED "AS-IS" AND WITH ALL FAULTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL "JOHN R. HAMILTON ENTERPRISES, INC." BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR PERSONAL DEATH, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF "JOHN R. HAMILTON ENTERPRISES, INC.", AND EVEN IF "JOHN R. HAMILTON ENTERPRISES, INC." HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXPORT CONTROLS.
The Software has been manufactured or developed in the United States of America and accordingly may be subject to U.S. export control laws, regulations and requirements. Regardless of any disclosure made by you to "JOHN R. HAMILTON ENTERPRISES, INC." of an ultimate destination of the Software, you must not export or transfer, whether directly or indirectly, the Software, or any portion thereof, or any system containing such Software or portion thereof, to anyone outside the United States (including further export if you took delivery of the Software outside the United States) without first complying strictly and fully with all export controls that may be imposed on the Software by the United States Government or any country or organization of nations within whose jurisdiction you use the Software. The countries subject to restriction by action of the United States Government are subject to change, and it is your responsibility to comply with the United States Government requirements as they may be amended from time to time. You shall indemnify, defend and hold "JOHN R. HAMILTON ENTERPRISES, INC." harmless for any breach of your obligations pursuant to this Section.
TERMINATION.
Without prejudice to any other rights, "JOHN R. HAMILTON ENTERPRISES, INC." may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
SEVERABILITY.
The provisions of this EULA shall be deemed to be separable and the invalidity of any provision hereof shall not affect the validity of the remainder of this Agreement.
APPLICABLE LAW.
This EULA is governed by the laws of the State of Nevada. You consent to the jurisdiction and venue of the courts of the State of Nevada for all disputes arising out of the use of this software.
John R. Hamilton, P.E., B.S.C.E.
Civil Engineer / Software Programmer
Las Vegas, Nevada
Email: