US Datamines : License Agreement and Terms

License Agreement and Terms

User Notice

This is a contract. By purchasing this Lottery Drawing Database ("Data") you ("User") accept all of the terms and conditions of this agreement.

This Lottery Drawing Database End User License Agreement accompanies the Data and related explanatory materials. The term "Data" also shall include any upgrades, modified versions or updates of the Software licensed to you by Satori Publishing ("the Company"). Please read this Agreement carefully. Your purchase of the Data is a declaration that you accept and will abide by this agreement.

Upon your acceptance of this Agreement, the Company grants to you a nonexclusive license to use the Data, provided that you agree to the following:

Use of the Data

You may install the Data on a hard disk or other storage device; install and use the Data on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Data over such network; and make backup copies of the Data.

You may not make the Data publicly available in easily downloadable format (i.e. PKZip files or static or dynamic HTML pages) on public network such as bulletin boards, online services, or the internet.

Copyright and Trademark Rights

The Data is owned by the Satori Publishing ("Company"), and its structure, organization and code are the valuable trade secrets of the Company. The Data also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with this Agreement and to identify printed output produced by the Data, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Data.

Scope

The User understands and acknowledges that the Data is for lottery drawing database data only, and DOES NOT INCLUDE THE REGISTRATION CODES FOR LOTTO SORCERER.

Restrictions

You are free to modify and/or adapt any Data provided in non-compiled form for your own use, reproduction as well as unlimited use within your organization. The Data is licensed and distributed by the Company. Redistribution and reseller agreements can be obtained by contacting the Company.

No Warranty

The Data is being delivered to you AS IS and the Company makes no warranty as to its use, accuracy, completeness, consecutiveness or performance. THE COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DATA OR DOCUMENTATION. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Governing Law and General Provisions

This Agreement will be governed by the laws of the State of Indiana, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of the Company.

This Agreement is binding except in the case where a signed, certified letter is issued by the Company amending the Agreement.

Notice to Government End Users

The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. þ2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. þ12.212 or 48 C.F.R. þ227.7202, as applicable. Consistent with 48 C.F.R. þ12.212 or 48 C.F.R. þþ227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Other

Unpublished rights reserved under the copyright laws of the United States. Satori Publishing, P.O. Box 8566, Michigan City, Indiana 46361-8566.