Football Squares distribution permissions and end-user license agreement

TERMS OF USE FOR PARTY SOFTWARE LLC
1. ACCEPTANCE OF TERMS
Party Software LLC provides its software and services to you, subject to the following Terms of Use ("TOU").
2. DESCRIPTION OF PRODUCT
Party Software LLC provides users with a software application for creating and managing football squares pools. The use of Party Software LLC's software is intended for entertainment purposes only. Party Software LLC does not endorse illegal gambling and neither the software nor associated services offered by Party Software LLC should be construed as supporting illegal gambling. Party Software LLC is neither affiliated with nor endorsed by any professional sports organization. In addition, Party Software LLC is neither responsible nor liable for any telecommunication or internet service costs you incur while using our software.
3. LEGAL USE
It is the responsibility of the user to ensure that the use of the software meets all local, state and federal legal requirements. If the pool has a prize, it is the sole responsibility of the individual user to award that prize. Party Software LLC is neither responsible nor liable, in any way, shape or form, for awarding prizes. Party Software LLC is neither responsible nor liable for ensuring the legal use of the software.
4. LOCATION OF LAWSUIT
You and Party Software LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas, USA.
5. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
6. LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST INCOME OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SOFTWARE, SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $9.95.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, members and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

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