PREDICTIVE FUN STATISTICS
LIMITED SOFTWARE WARRANTY, LICENCE AGREEMENT, AND INFORMATION USE DISCLOSURES
This document may be updated from time to time and the current version will be posted here at "https://www.predictivefun.com/". Your continued use of this Software 60 days after a revised version has been posted constitutes acceptance by you of its terms.
Your use of the Software is subject to this limited software warranty and license agreement(the”Agreement”) and the terms set forth below. The “Software” includes all Software included with this Agreement, and if applicable to, the accompanying manual(s), packaging and other written, files, electronic or on-line material or documentation, and any and all copies of such Software and its materials. By opening the Software, installing, and/or using the Software and any other materials included with the Software, you hereby accept the terms of this Agreement with Predictive Fun Statistics(“Licensor”).
Subject to this Agreement and its terms and conditions, Licensor hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for your personal non- commercial use for gameplay on a single computer or gaming unit or installed on many computers but only if your the only user of the Software. The license only permits “one user” per 1 bought program. In a company or business setting a user can be the one “assigned computer” only, unless otherwise specified in the Software documentation. Your acquired rights are subject to your compliance with this Agreement. The terms of your license under this Agreement shall commence on the date that you bought the Software and ends on the earlier date of either your disposal of the Software or Licensor's termination of this Agreement. Your licence terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
Licensor retains all right, title, interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and moral rights. The Software is protected by Canadian copyright and trademark law and applicable law and treaties throughout the world. The Software may be copied, reproduced, or re-engineered by the user for personal use. The Software may NOT be distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any person distributing all or any portion of the Software in any manner or medium, will be wilfully violating the copyright laws and may be subject to civil and criminal penalties in Canada or their local country. The Software contains certain licensed material and Licensor's licensors may also protect their rights in the event of any violations of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
You agree not to: (a) commercially exploit the Software; (b) Distribute, lease, license, sell, rent, or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as set forth in this Agreement; (c) make a copy of the Software or any part thereof(other than set forth herein); (d) Making a copy of this Software available on a network for use or downloaded by multiple users; (e) Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do the same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (f) Use or copy the Software at a computer gaming center or any other location-based site; provided, that Licensor may offer you a separate site license agreement to make the Software available for commercial use. (g) Remove or modify any proprietary notices, marks or labels contained on or within the Software; (h) Transport, export or re-export(directly or indirectly) into any country forbidden to receive such Software by any Canadian export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; (i) Transfer the entire or part of the Software on a permanent basis to another person (including archival or backup copies); and (j) prepare derivative works based on.
You are allowed to Reverse engineer, decompile, disassemble, or modify the Software, in whole or in part. The Software is intended for private use only.
The Software may include measures to control access to the Software, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Software permits access to additional online features, only one copy of the Software may access those features at one time(unless otherwise provided in the Software documentation). Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid licence can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly.
User created content(improvements).
The Software may allow you to create content, including but not limited to, re-engineer, code, add improvements or procedures, a scenario, screenshot, etc. In exchange for use of Software, and to the extent that your contributions or improvements through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contribution in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind, for the whole duration of the protection granted to intellectual property rights by applicable laws and international conventions. But Licensor will not include the improvements in a sold version or distribute it themselves, unless the creator of the improvements grants “Predictive Fun Statistics”(PFS) the right. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor's and other users use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this license. (As a practical example of what this really means. If you give the program improvements to a friend that also bought the program, and he then gives your improvement to somebody else, etc, PFS will not sell your improvement without your consent in a sold version, but giving your improvement in an open-source program atmosphere is an acceptance of other users using your improvement, even PFS. PFS as no need to improve on its basic platform, the platform will be expanded with your own “consumer created improvements”. If you give your improvements to a licensed user, the improvements can then be shared freely between licensed users.)
The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Software documentation, including but not limited to Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.
2. Information collection and usage
There is no “information collection” of any kind, presently specified or collected.
All information collected by Licensor is intended to be anonymous information that does not disclose your identity or constitute personal information. But by using this Software you consent to the Licensor's use of related data, including your contributions or improvements, theses contributions will also remain anonymous(no personal information is associated with your improvements, or collected).
Limited warranty. Licensor warrants to you (if you are the initial and original purchaser of the Software) that the original downloaded Software can be replaced, free of charge, for 90 days from the date of purchase or the storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. The Software as NOT been CERTIFIED as compatible with the unit(personal computer) for which it has been published. Licensor warrants to you that this Software IS compatible with a personal computer meeting the minimum system requirements listed in software documentations. However, due to variations in hardware, software, internet connections and individual usage, Licensor does not warrant the performance of this Software on your specific computer or gaming unit. Licensor does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free, or that the Software will be compatible with third party software or hardware or that any errors in the Software will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
If for any reason you find a defect in the storage medium or Software during the warranty period, Licensor agrees to replace, free of charge, any Software, and any storage medium discovered to be defective within the warranty period as long as the Software is currently being manufactured by Licensor. If the Software is no longer available, Licensor retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the storage medium and the Software as originally provided by Licensor and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
Except as set forth above, the warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability , fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor.
When returning the Software subject to the limited warranty above, please email the original Software only(if applicable) to the Licensor address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note(describing the defect or reason item as been lost) and the system on which you are running the Software.
In no event will Licensor be liable for special, incidental or consequential damages resulting from possession, use or malfunction of the Software, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this Agreement or the Software, whether arising in tort(including negligence), contract, strict liability or otherwise, whether or not Licensor has been advised of the possibility of such damages. In no event shall Licensor's liability for all damages (except as required by law) exceed the actual price paid by you for use of the Software.
Because some states/provinces/countries do not allow limitations on how long an implied warranty lasts and/or the exclusion or limitation of incidental or consequential damages, the above limitations and/or exclusion or limitations of liability may not apply to you. This warranty shall not be applicable solely to the extent that any specific provision of this warranty is prohibited by any federal, state, provincial, or municipal law, which cannot be preempted. This warranty gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts. You can also end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it as been installed.
Canada Government restricted right.
The Software and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “Restricted Computer Software”. The Contractor/Manufacturer is the Licensor at the location listed bellow.
You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefor you agree that Licensor shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the Province of New Brunswick, Canada, as such law is applied to agreements between New Brunswick residents entered into and to be performed within New-Brunswick, except as governed by federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local laws, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Provincial and federal courts located in Licensor's principal place of business(Bathurst, New Brunswick, Canada). Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by the Province of New Brunswick or federal law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods(Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
4) Technical support/service
For additional support, including troubleshooting assistance or questions concerning this license, please contact:
A. Web site "https://www.predictivefun.com/".
Telephone: Please use email.
(c) 2018-2020 Predictive Fun Statistics. All rights reserved.
“Tracker777(R) v1.0” developed by Predictive Fun Statistics.