End User License Agreement
This copy of gamban® (“the Software Product”) is owned, created and distributed by Beanstalk HPS (“Beanstalk HPS Ltd.”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. customer or its subsidiaries, affiliates, and suppliers own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
Permission to use the Software Product is conditional upon you agreeing to the terms of this Agreement. Do not install or purchase the Software Product until you have read and accepted all the terms of the Agreement. Upon accepting and/or purchasing the Software Product, you will be deemed to have accepted the Agreement. If you do not with to accept the Agreement, do not purchase, use or install the Software Product. Use of the Software Product is prohibited except in accordance with this Agreement.
You accept and agree to be bound by the terms of this Agreement by downloading, installing, using, copying or purchasing the Software. You must agree to all of the terms of this Agreement before you download the Software. If you do not agree to all of the terms of this Agreement, do not install, purchase, use, download or copy the Software Product.
This Agreement entitles you to install and use one copy of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Beanstalk HPS Ltd., you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code or database for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
You may not use the software in conjunction with a Virtual Private Network (VPN) as this may cause stability issues and/or temporarily grant access to gambling sites.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
You acknowledge that Beanstalk HPS Ltd. is not obliged to remove the software from any computer on which it may be installed even on request to do so. Beanstalk HPS Ltd. is not obliged to remove gamban® from a Customer’s operating system upon request by the Customer. The Customer hereby releases Beanstalk HPS Ltd. from any liability or claims whatsoever arising out of or connected with Beanstalk HPS Ltd. not removing gamban® from the Customer’s operating system.
Disclaimer of Warranties and Limitation of Liability
Unless otherwise explicitly agreed to in writing by Beanstalk HPS Ltd., Beanstalk HPS Ltd. makes no other warranties, express or implied, in fact or in law, including, but not limited to, an implied warranties of merchantability or fitness for a particular purpose other than as set forth in this Agreement or in the limited warranty documents provided with the Software Product.
Beanstalk HPS Ltd. makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Beanstalk HPS Ltd. makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. You must determine whether the Software Product sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility for security and all liability for any loss incurred due to failure of the Software Product to meet your requirements. Beanstalk HPS Ltd. will not, under and circumstances, be responsible or liable for the loss of data on any computer, tablet, phone or information storage device. Beanstalk HPS Ltd. does not guarantee that all gambling or gambling-related websites will be blocked by the Software Product. If an online gambling website is accessed, it is in no way, the responsibility of Beanstalk HPS Ltd. Furthermore, any losses incurred from unblocked gambling sites will be the sole responsibility of the Customer.
Under no circumstances shall Beanstalk HPS Ltd., its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits, or loss of business) resulting from this Agreement, or from the furnishing, performance, installation, or use of the Software Product, whether due to a breach of contract, breach of warranty, or the negligence of Beanstalk HPS Ltd. or any other party, even if Beanstalk HPS Ltd. is advised beforehand of the possibility of such damages, including the use of the software, access by users of the software to any internet site, including without limitation internet gambling sites; or not having the software removed from an operating system after a request to do so has been made. To the extent that the applicable jurisdiction limits Beanstalk HPS Ltd.’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Beanstalk HPS Ltd. Beanstalk HPS Ltd. reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Beanstalk HPS Ltd. is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product, exclusive of any costs for administrative costs, including shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Beanstalk HPS Ltd. to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Beanstalk HPS Ltd. harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Term of Licence
Subject to the terms set out in this Agreement, this Agreement shall continue for a period of one year from the date of installation of the Software Product. Thereafter, you may enter into a further Agreement with Beanstalk HPS Ltd. for the continued use of the Software Product on Beanstalk HPS Ltd.’s then current terms and conditions, including but not limited to the payment of any licence fee.
This Agreement may be terminated at any time by Beanstalk HPS Ltd.
Upon termination you shall destroy any remaining copies of the software and associated documentation or otherwise return or dispose such material in the manner directed by Beanstalk HPS Ltd.
The expiration or termination of this licence shall not effect any rights or remedies which Beanstalk HPS Ltd. may have otherwise under this licence or at law.
The Software Product may collect information, including, but not limited to, operating system type, IP address and web browser version. Any such information collected will not be disclosed to any third parties.
Governing Law, Jurisdiction and Costs
This Agreement is governed by and interpreted according to English law.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.