END-USER LICENSE AGREEMENT (“EULA”)
IMPORTANT: READ THIS EULA CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE. BY DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
EvenBet Gaming End User License Agreement
This end user licence agreement (“Licence”) is a legal agreement between you and EvenBet Gaming Limited of 64, “Excalibur”, B. Bontadini street, Birkirkara, Malta relating to the provison of its Services and Software (together, “Products”). The agreement governs your use of the demos, applications, Software, their associated upgrades, patches, and updates and related services (together, “Products”) currently provided or which will be provided by Evenbet Gaming Limited and its subsidiaries and affiliates in Malta and abroad.
In this Licence you, the user of the Products, are referred to as “you” “your”, “yours” and in this agreement we are referred to as “EvenBet Gaming”, “we”, “us” or “our”.
We licence use of the Products to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
1. ABOUT THIS END USER LICENSE AGREEMENT
1.1 This EULA incorporates the rules and guidelines that apply to your use of the Site, Services and the Software (together, “Products”) of EvenBet Gaming Limited. By downloading, installing, accessing or using the Products, you agree that you have read, understood, and agree to be bound by this EULA. If you do not agree, you may not download, install, access or use the Products of the company.
1.3 You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect:
(a) changes in applicable laws;
(b) regulatory or security requirements;
(c) relevant guidance or codes of practice;
(d) technical alterations;
(e) to improve clarity and consistency;
(f) to reflect changes to our users’ needs and our business priorities,
or (g) for any other reason.
1.4 Any change to the terms of this Licence shall be effective immediately and your continued use of the Products in any way (whether on any EvenBet Gaming Limited or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this Licence regularly. The current Licence is available here.
2. GRANT OF LICENSE
2.2 Restrictions for end users
While using the Products, you agree to comply will all applicable laws, rules and regulations. According to these common rules of using the Products of EvenBet Gaming, you may not:
- Create, use, share and/or publish by any means in relation to the Products any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
- Modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
- Transmit or propagate any virus, trojan, worm, bomb, corrupted file and/or similar destructive program or corrupted data in relation to the Products, participate in or be involved in any way in an attack on EvenBet Gaming’s servers and/or the Products and/or those of its subsidiaries and affiliates in Malta and abroad;
- Spam through special forms, an authorized agents or by e-mail, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- Transmit or communicate any material or content which, in the sole and exclusive discretion of EvenBet Gaming, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- Harass or threat any other users of the Products;
- Falsely claim to be an employee or representative of EvenBet Gaming or its subsidiaries and affiliates.
Harass or threat any other users of the Products; Falsely claim to be an employee or representative of EvenBet Gaming or its subsidiaries and affiliates.
2.3 Restrictions for startups and owners of poker rooms
You must in no event use, nor allow others to use the Site, Services and the Software (together, “Products”) for commercial purposes without obtaining a license to do so from EvenBet Gaming. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. As for commercial using, directly or indirectly, without special license from EvenBet Gaming, you may not:
- Sell, rent out, lease, distribute, market, exploit the Products or any of its parts commercially;
- Reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of the Products in whole or in part;
- Remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Products;
- Export or re-export the Products or any copy of adaptation in violation of any applicable laws or regulations;
- Create, use and/or distribute computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network).
If you violate even one of the above listed rules (no matter, for end users or for startups and owners of poker rooms), EvenBet Gaming has the right to take legal action against you.
3.1 Except as expressly set out in this Licence you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Products (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Products, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Products, nor permit Products are or any part of it to be combined with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Products or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Products or any of its parts for any purpose including any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Products or attempt to do any such things, except to the extent that such actions cannot be prohibited by law; and
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Products, including by the adoption of techniques and technologies now known or hereafter developed.
3.2 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Products in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Products (as detailed below).
4. INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Products and all copies thereof (including without limitation the code, graphics, game play, user interface, audio and other content) anywhere in the world belong to us and/or our third-party licensors. The Products, are protected by the appropriate laws of Malta and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
4.2 You acknowledge that rights in the Products are licensed (not sold) to you, and that you have no rights in, or to, the Products other than the right to use them in accordance with the terms of this Licence. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the EvenBet Gaming except as expressly permitted in this EULA.
4.3 You acknowledge that you have no right in or have access to the Products in source code format unless otherwise as expressly provided within this Licence.
4.4 In no event will the Products be deemed to be “open-source” or “publicly available” software.
6. TECHNICAL REQUIREMENTS
6.1 By using the Products you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for the use of the Products. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Software.
7. PATCHES, UPDATES AND CHANGES
7.1 From time to time, we may need to:
- Deploy or provide patches, updates, additional content or other modifications to the Software (for example to enhance online game play, to add new features or to resolve software bugs);
- Remove or suspend access to particular features, content or other parts of the Products.
7.2 We need to take the actions automatically in order to keep the Software running efficiently and to improve and modify our Products constantly. EvenBet Gaming wants to be sure that our Products stand up to all necessary technical and custom demands and satisfy all clients’ needs.
8. DISCLAIMER OF WARRANTIES
8.1 TO THE FULLEST EXTENT PERMISSIBLE, THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE (THE “PRODUCTS”), ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOUR USE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT THIS SITE WILL BE FREE OF ANY COMPUTER VIRUSES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCTS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
8.3 YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE PRODUCTS MEET YOUR REQUIREMENTS.
9. LIMITATION OF LIABILITY
9.1 SUBJECT TO SECTION 9.3, EVENBET GAMING SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE PRODUCTS OR ANY USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
FURTHER, EVENBET GAMING SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS (IF APPLICABLE).
EVENBET GAMING SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL EVENBET GAMING BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
9.2 The Products are provided to you under the terms of this Licence. To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, actually paid by you to EvenBet Gaming during the twelve (12) months prior to the date of the cause of action first arising.
9.3 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
or (c) any other liability that cannot be excluded or limited by the law of Malta.
10. TERM AND TERMINATION
10.1 EvenBet Gaming may terminate this EULA at any time for any reason.
10.2 This EULA will remain in effect until terminated.
10.3 The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA, or any termination or suspension of your right to use the Products, provided by EvenBet Gaming.
10.4 Upon termination for any reason:
(a) all rights granted to you under this Licence shall immediately cease;
(b) you must immediately cease all activities authorised by this Licence, including the use of the Products, and
11. FORCE MAJEURE
10.1 EvenBet Gaming will not be responsible for any failure to perform any obligation under this EULA, and we will not be responsible for any failure or to make the Products available for download, installation or use, if that failure is caused by the happening of any unforeseen event beyond our control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God. This EULA is applicable only to the extent authorized by law. If you have any questions, complaints, or comments regarding this EULA, please contact by mail at [email protected].
12.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
12.2 If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
12.3 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
12.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.5 This Licence, its subject matter and its formation, are governed by the law of Malta. You and we both agree that the courts of Malta will have exclusive jurisdiction in relation to any dispute connected with this Licence or the Products.
This Licence is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict or inconsistency or clarification required with other language versions.