home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
L'Encyclopedie Des Jeux Video 6
/
L'Encyclopedie Des Jeux Video 6.iso
/
EDJV
/
themes
/
Cartes
/
Spécial casino
/
Safari Casino
/
safari.exe
/
_user1.cab
/
USERSETUP_0009OSIND
/
License1.txt
next >
Wrap
Text File
|
2000-09-13
|
15KB
|
295 lines
END USER LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT:
These terms and conditions constitute a legally binding agreement
between Safari Casino N.V. ("the Licensor") and you, the user. If you have any questions, we encourage you to
seek independent counsel prior to clicking on the "YES" button.
By clicking on "YES" you accept and agree to all of the terms and
conditions of this agreement.
1. GRANT OF LICENSE. The Licensor has been granted a license by
Intertainet Overseas Licensing Limited permitting it, among other
things, to sub-license and distribute the software (the "Software")
which enables you to use the Internet gaming service (the "Casino")
to which the Software relates. The Licensor hereby grants you a
personal, non-exclusive, non-transferable sub-license to use the
Software to play the Casino.
2. USER'S REPRESENTATIONS AND WARRANTIES AND COVENANTS.
a) You represent and warrant that you are 18 years of age or older
and of legal age in the jurisdiction in which you reside. For those
under the legal age limit, or in jurisdictions where Internet gaming
is prohibited, the Licensor has provided a version of the Casino that
can be played for fun or practice, and not for real money, offline.
If you are under the legal age limit or live in a jurisdiction where
Internet gaming is prohibited, you agree that you will only play the
Casino using the offline version.
b) You are solely responsible for supplying your own equipment
(which may include a personal computer system, telephone, telephone
lines and modem), Internet communications software and
operating system software which conforms with the Licensor's standards
for use with the Software, and for maintaining the equipment in good
working order, all at your own expense. You will only copy and use
the Software on a machine at which you are the primary user. You
represent and warrant that you possess the necessary skills to
operate the equipment and software. The Licensor will not provide
support or assistance relating to any hardware or any software other
than the Software which enables you to use the Casino.
c) You are solely responsible for all use of the Casino through your
user name, password and/or personal information number, whether
authorized or not. You will not permit others, including but not
limited to persons under the age of 18 and/or under the legal age
limit, to use the Casino through your user name, password, and/or
personal identification number.
d) You are responsible for the security of your user name, password
and personal identification number.
e) You will be solely liable for any losses, damages, costs or
expenses from the use of your user name, password and personal
identification number by others, whether authorized or not.
f) You will not copy, or otherwise distribute the Software, and
you will not assign or otherwise transfer the sub-license to use
the Software which is granted to you by this agreement, or rent
or lease any portion of the Software, and you will be solely
liable for any damages, costs or expenses arising from
unauthorized copying, assignment, distribution, renting or leasing.
g) You will not reverse engineer, decompile, disassemble, modify,
translate, make any attempt to discover the source code of the
Software, or create derivative works based on the Software, and
you will be solely liable for any damages, costs or expenses
arising from the foregoing. If the Licensor finds any evidence
or has any suspicion that you have tampered with the Software,
in addition to any other remedies available to it, the Licensor
may withhold payment of your winnings.
h) You will use the Casino only for your own personal entertainment,
and not for any business or commercial purpose.
i) You accept and agree to abide by both the terms and conditions of
this agreement, as amended time to time, and the rules of the Casino
games. You may find information regarding the rules at
www.safari-casino.com\help.
j) You accept and agree to be bound by all bets placed over the
Internet in connection with the use of the Casino, whether by you
or by anyone else using your user name and password, whether
authorized or not.
k) The Licensor uses a random number generator software program,
and you acknowledge and accept that its determination of the
random numbers of the Casino games you play will be conclusive.
l) You acknowledge that if any statement made or information
provided by you to the Licensor is untrue or any representations
and/or warranties made by you in this agreement are untrue, whether
now or at any time that you place a bet, this agreement will be void,
and you will be liable to the Licensor for any damages and/or costs
suffered as a result.
3. LEGALITY. The Casino's games are played over the Internet
which reaches virtually every country in the world. Some
jurisdictions have not addressed the legality of your use of
the Software, while some have specifically made
Internet gaming illegal. It is impossible for the Licensor
to determine the state of the law in every jurisdiction
around the world on an ongoing basis. Therefore, you accept
sole responsibility for determining the laws that apply in
your jurisdiction and for the actions you take whether you
have or have not made a determination as to the legality of
Internet gaming in your jurisdiction. The Licensor makes no
representation or warranty, express or implied, as to the
legality in your jurisdiction of your use of the Software.
4. GOVERNMENTAL DISCLOSURE AND TAXATION.
A) While the Licensor generally does not provide details of
your net winnings or losses to anyone
(whether taxation authorities or otherwise), it reserves
the right to release the information requested by any
governmental agency, regulatory body or court of law,
whether pursuant to a court order or otherwise.
B) In some jurisdictions proceeds from gaming are tax free,
while in others such proceeds are taxable. If the winnings
are taxable in your jurisdiction, you are solely responsible
to keep track and report your winnings to the appropriate
authorities.
5. NO WARRANTIES. THE CASINO IS PROVIDED TO YOU "AS IS", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THE
FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS,
NOR THAT ITS OPERATION WILL BE UNINTERRUPTED AND ERROR FREE.
THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE
PROGRAM LIES WITH YOU, THE USER. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU (AND NOT THE LICENSOR) ASSUME THE ENTIRE
COST OF ANY NECESSARY REPAIR OR OTHER LOSS.
6. LIMITED LIABILITY. TO THE EXTENT NOT PROHIBITED BY ANY
APPLICABLE LAW, THE LICENSOR'S TOTAL LIABILITY TO YOU OR ANY
THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT OR YOUR USE
OF THE CASINO, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED
TO THE AMOUNT, IF ANY, YOU PAID FOR THE SOFTWARE OR TO ACCESS
THE CASINO. IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT
OR YOUR USE OF THE CASINO (INCLUDING LOSS OF REVENUE, PROFITS,
USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES,
WHETHER FOR BREACH OR IN TORT, EVEN IF THE LICENSOR HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. INDEMNITY. You indemnify and hold harmless the Licensor, its
licensor, Intertainet Overseas Licensing Limited, its and their
respective licensees, distributors, parent, subsidiaries, affiliates
and all of their officers and directors, advertising, promotion or
other agencies, media partners and others from any suit, demand,
cause of action, claim, liability, costs, expenses
(including reasonable legal fees), liabilities, damages, fines,
penalties, fees or any other charges whatsoever that may arise as a
result of your use of the Software or the Casino or breach of this
agreement, whether through negligence or otherwise.
8. INFORMATION TRANSMITTED OVER THE INTERNET. The Licensor,
its and their respective licensees, distributors, parent,
subsidiaries, affiliates and all of their officers and directors
will not be liable for any damages which may be caused by the
interception or misuse of any information transmitted over
the Internet.
9. COPYRIGHT. Title, ownership and all intellectual property rights in
the Software remain with the original licensor,
Intertainet Overseas Licensing Limited, including images, photographs,
animations, video, audio, music and text which may be part of the Software.
You acknowledge that the Software in source code form is a confidential
trade secret of Intertainet Overseas Licensing Limited. The content of
the Software is protected as a collected work under applicable copyright laws.
The copying, redistribution or publication of any of the content or part of
the Software is strictly prohibited. Title, ownership and all intellectual
property rights in the name "Safari Casino" remain with the Licensor or
Intertainet Overseas Licensing Limited, as the case may be.
10. PERSONAL ACCOUNT. As a condition of entering into this agreement,
you must open an electronic cash account with CryptoLogic Inc.
(an "Ecash account"). You must not place bets of amounts greater than
the balance in your Ecash account. Any Ecash winnings will be placed
back into your Ecash account. By using the Casino and placing bets,
you authorize the Licensor to deal with CryptoLogic Inc. to relay
Ecash deposit and withdrawal instructions on your behalf. The Licensor
reserves the right to instruct CryptoLogic Inc. to refuse any application
for an Ecash account or to close any existing Ecash account at any time
for any reason. In the event that the Licensor elects to instruct
CryptoLogic Inc. to close your Ecash account, the balance subject to
any amounts in dispute will be paid out to you.
11. The Licensor reserves the right to refuse or limit any wager.
12. GAMING SERVICE. The Licensor will provide casino games, such as
blackjack, Caribbean Poker, Roulette, Craps, Baccarat, Slot Machines,
Video Poker, Video Keno, Pai Gow Poker, Let It Ride Poker, Red Dog,
and may provide other services.
(a) The casino games will be operated and played in accordance with
the rules of the New Jersey Casino Control Commission as applicable.
(c) The Licensor may, in its absolute discretion, alter or amend or
withdraw any game from the Casino or the sports book or any part
thereof, at any time and, as well, may alter prices, features,
specifications, capabilities, functions or other characteristics of
the Casino, or the casino games.
(d) The Licensor reserves the right to terminate your access to the
Casino at any time, for any reason.
13. GAMING RESULTS. If there is any discrepancy between the gaming
results on your computer and the results on the game server, the
results on the server shall be final and binding.
14. NO LIABILITY FOR ERRORS. In the event that the gaming computer
hardware or the gaming server does not properly implement the rules
of a casino game (or sports book, if offered), or does not properly
implement the random number generator, or does not make proper account
for the play that has occurred or if a human error is made by the
Licensor, any of its suppliers, or anyone else involved in creating,
producing or delivering the Casino, the Licensor will not be liable
for any winnings that result. You will forfeit any winnings which
result from any error whatsoever, whether caused by computer or
human error, a bug in the system, or otherwise.
15. DISPUTES. In the event of any dispute regarding a wager or
winnings, the decision of the Licensor shall be final and binding.
16. CHANGES TO THIS AGREEMENT AND TO THE CASINO OR CASINO GAMES.
The Licensor may modify, restate or amend the terms and conditions
of this agreement, or change or modify the Casino or casino games,
or modify, restate or amend the rules to the casino games, from time
to time by posting for no less than fourteen (14) days prior to the
effective date of any change a copy of the change, modification,
restatement or amendment: (i) in the "user message" that pops up
on your screen from time to time when you log on to use the Casino,
(ii) on the "read me text" notice which pops up on your screen when
you download and install the Software, and (iii) on the Casino's
Internet home page at www.safari-casino.com. A copy of this agreement,
as updated from time to time, is available for your review at any time
on the Casino's Internet web site at www.safari-casino.com.
If you commence or continue to use the Casino after the effective date
of the modification, restatement or amendment to the terms and
conditions of this agreement, or of the change or modification to the
Casino, or modification, restatement or amendment to the rules of the
casino games, you will be deemed to have accepted the change whether
or not you have chosen to read the user message, read me text and/or
website notice.
17. If you are playing the offline version, you will be deemed to
have accepted any change to the terms and conditions of this agreement
if you continue to play the Casino after the effective date of change
as posted on the Casino's Internet home page at www.safari-casino.com.
18. TERMINATION. The Licensor may, in its absolute discretion, terminate
this agreement and revoke the sub-license granted by this agreement,
without prior notice.
19. GOVERNING LAWS. This agreement shall be governed by and interpreted
in accordance with the laws of the jurisdiction which has issued the gaming
license pursuant to which the Casino is operated. You agree to submit to
the exclusive jurisdiction of its courts.
20. ENTIRE AGREEMENT. This document constitutes the entire agreement
between you and the Licensor and supersedes any prior understandings,
agreements or commitments, whether written or oral. No employee,
officer or agent of the Licensor, or anyone else involved in creating,
producing or delivering the Casino, may verbally alter,
modify or waive any provision of this agreement.
21. GOVERNING LANGUAGE. The original text of this agreement is in
English and any interpretation of this agreement will be based on
the original English text. If this agreement or any documents or
notices related to it are translated into any other language,
the original English version will prevail.
08/25/00