8BallClub Billiards Online distribution permissions and end-user license agreement


1. The Game installs computer software (hereafter referred to as the "Game Client") onto your hardware to allow you to play the Game through an authorized Account. Licensor hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one or more computers which you own or which are under your personal control. All use of the Game Client is subject to this License Agreement and to the Terms of Use agreement, which you must accept before you can use your Account to play the Game. Licensor reserves the right to update, modify or change the Terms of Use at any time.

2. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement.

3. To obtain an Account, you will be required to choose both a login name and a player name. While you are encouraged to use a pseudonym (or alias), especially if you are a minor, you may not pick a name that violates anyone`s trademarks, trade names, service marks, publicity rights or other proprietary rights or pick a name that is offensive.

4. Upon registration, you must select a password. You may not disclose your password to any third party.

5. We may suspend and/or terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement, repeatedly infringe any third party intellectual property rights or other proprietary rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of billiards competition, including:
- Letting other persons play rated games using a registered account.
- Intentionally losing game(s) boost another member`s rating(s).
If we terminate this Agreement under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Games, in which case we may provide you with a prorated refund of any prepaid amounts.

6. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Games and in chat rooms and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law, rule or regulation; (c) be defamatory, obscene, offensive, sexually explicit, vulgar, racist, abusive, pornographic or harmful to minors. We may take any action with respect to your Content if we believe your Content may be harmful to others or create liability for us or may cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.

7. Patches and Updates. Licensor may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. Licensor may update the Game remotely, including, without limitation, the Game Client residing on the user`s machine, without knowledge or consent of the user, and you hereby grant to Licensor your consent to deploy and apply such patches, updates and modifications to the Game.

8. You may not use any third party software, programs, applications or utilities to modify the Software to change or otherwise affect, alter or modify play of the Games. You may not use our intellectual property rights contained in the Games. You may not sell, attempt to sell, purchase, attempt to purchase, auction or facilitate the purchase, sale or auction of any accounts, items, coin or copyrighted material relating to the Games. We shall retain ownership of all intellectual property rights relating to or residing in the Software, documentation and the Games. The Software is a "commercial item".

9. Limited Warranty. Licensor expressly disclaims any warranty for the Game, including the Game Client and Manual(s). THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game, Game Client and Manual(s) remains with the user. Without limiting the foregoing, we do not ensure continuous, uninterrupted, reliable, error-free, secure or virus-free operation of the Software, the Games or your Account. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account.

10. You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your playing of the Games. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations.

11. Duration of the "On-line" Component of the Game. This Game is an `online` game that must be played over the Internet through the Service, as provided by Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the License Agreement.

12. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (1) destroying the Game; (2) removing the Game Client from your hard drive; and (3) notifying Licensor of your intention to terminate this License Agreement. Licensor may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy the Game and remove the Game Client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.

This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and SoftTech (hereinafter referred to as "AUTHOR") for distributing the computer software program entitled RoyalSolitaire (hereinafter referred to as "SOFTWARE").

AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein.

You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package. You may not change, delete, merge or rename any files or elements of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE).

Since the SOFTWARE is intended for distribution only as FREEWARE, you shall not charge any fee or other compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with distributing the SOFTWARE. You are permitted, and encouraged, to make and distribute copies ofthe SOFTWARE to your friends, family members and co-workers for your and their private non-commercial use, in compliance with the terms and conditions hereof.

You may use this SOFTWARE for personal, non-commercial use. FOR ALL OTHER USES YOU MUST receive written permission from AUTHOR. Not for resale or distribution without the written permission from AUTHOR. You may not rent or lease the SOFTWARE to anyone.

Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without obtaining explicit permission from AUTHOR.

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