This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of last revision: December 2, 2015. Important: read the following carefully before using the software!
End-User License Agreement
This End-User License Agreement (“EULA” or “Agreement”) sets out the terms that apply to the use of SessionLord software (“Software”). This agreement is legally binding agreement between you, the end user, and SessionLord applicable to your purchase and/or use of the software. By clicking on “I agree”, you agree to be bound by the terms of this agreement. If you do not agree to be bound by the terms of this agreement, click on the “Cancel” button and do not subsequently download, install, or use the software.
You are referred to herein as “you” or “Licensee.” The terms “You” or “Licensee” include you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns. We may be referred to herein as “SessionLord” or “Licensor”. The terms “Us”, “We”, “SessionLord” or “Licensor” includes us and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
1. Confidential Information
SessionLord owns all rights to the Software and intends to maintain it in confidence to preserve its trade secret status and all other rights it has in the Software. SessionLord reserves the right to protect this work as an unpublished copyrighted work in the event of an inadvertent or deliberate unauthorized publication. SessionLord also reserves its rights under the copyright laws to protect this work as a published work. Those having access to this work may not copy it, use it, (except as otherwise set forth herein), or disclose the information contained in it without the written authorization of SessionLord. All trademarks of SessionLord are and shall remain the property of SessionLord and are protected by applicable intellectual property law. Unauthorized use will result in prosecution.
2. Grant of License
- This EULA is not a sale of the Software. Except for the license rights expressly granted to you herein, you will have no right, title or interest in the Software.
- Prohibited Uses
- You may not rent, lease or sell the Software. You may not use, copy, modify, reverse engineer, decompile, disassemble, or transfer the Software or any copy in whole or part except as expressly provided in this Agreement.
- You may not use, copy, modify, reverse engineer, decompile, or disassemble the Software or any copy in whole or in part for the purpose of automating play (including but not limited to the use of “bots” or other similar mechanisms).
- This license is for your personal use only. Use of the Software for commercial and/or institutional research purposes in any manner is specifically prohibited. If you wish to use the Software for commercial or institutional research purposes or any purpose other than your personal use, you must obtain the written consent of SessionLord and pay any and all applicable license fee(s) for such use.
- You may only use the Software in a manner that complies with all applicable laws in the countries in which you use it, including restrictions concerning copyright and encryption.
- You are not permitted to assign any or all of your obligations or rights under this EULA without our express prior consent.
- You will not sublicense, transfer, pledge, sell, lend, or otherwise dispose of the content, or any part of it, or share your rights under this EULA, with others. You will not give others access to your username and password, nor share any registration code(s) you receive.
- You agree that SessionLord and its partners may receive, collect, store and use technical information in the course of the registration and during the use of the Software. SessionLord will handle such information in compliance with applicable privacy and data protection laws, as well as SessionLord’s privacy policies (as the same may be amended from time to time).
- All SessionLord Software is intended to be used in strict compliance with all statutes, laws, rules, regulations and terms of service (collectively, “TOS”) promulgated by third parties (including but not limited to all governmental entities, third-party networks and/or internet sites) in relation to which the Software is used by you in any way. You agree you will comply with the TOS of all third parties and your failure to do so is a breach of this EULA. You agree to indemnify SessionLord, and the employees, owners, directors, representatives, suppliers, agents and service providers of SessionLord from and against any failure by you to comply with all TOS and for all losses, damages and all reasonable expense and costs, including legal fees, incurred by SessionLord or them in any claims and/or damages arising out of the breach of any of your obligations under any TOS.
If you have downloaded the Software, you are entitled to use the Software, free-of-charge, strictly for the sole purpose of evaluating the features and usability of the Software. We use Freemium pricing strategy, so the Software is provided free of charge, but money (premium) is charged for proprietary features, functionality, or virtual goods. The freemium version of a feature may has restrictions, such as capacity limit or time limit, etc.
All rights not expressly granted to you are reserved by SessionLord. If SessionLord waives or fails to enforce any of its rights herein for any length of time, the same shall not prevent SessionLord from thereafter enforcing any of those or other rights and shall not be deemed a perpetual or continuing waiver.
3. Consent to Use Information
When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
All intellectual property and other ownership rights in the Software, including copyright, patents and trade secrets are protected under Copyright Law of the European Union and International Treaty provisions, are and remain the property of SessionLord. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make ONE copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
There is no guarantee or promise that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience; each person’s results will vary.
6. Subscriptions and purchasing
You agrees that when You purchase SessionLord features for a certain amount of time or on a recurring payment basis, it is fully equivalent to a written request from Your side (including the date of checkout, the amount, duration and frequency of the charge) to enable SessionLord to charge Your account according to the fees presented on our website at the payment providers, such as Skrill, PayPal, etc.
7. Cooling off period
The Cooling Off period in which a user can request refund for personal reasons is 7 days after the date of purchase.
8. Limited Warranty
SessionLord does not warrant that your use of the Software will be free from interruptions or error free. We have taken all reasonable steps to keep the software free of viruses, spyware, “back door” entrances, or any other harmful code. We will not intentionally deprive you of your ability to use any features of the software or access to your data.
No other warranties. All content is provided “as is” and, as far as it is legally permitted to do so, SessionLord disclaims all other warranties, either express or implied, with respect to the software and related written materials, including, but not limited to implied warranties of merchantability, warranties that the software is free of defects, warranties of satisfactory quality, warranties of non-infringement, and fitness for a particular purpose. This disclaimer of warranty constitutes an essential part of this EULA. No use of the software is authorized except under the terms of this EULA.
No liability for consequential damages. In no event shall SessionLord or its suppliers, vendors, partners or coventurers be liable for any damage whatsoever (including, without limitation, damages for the loss of profits, business interruption, loss of information, or other pecuniary loss as well as any losses incurred in the course of a poker game or based upon any use of the software) arising out if the use or inability to use this software, even if SessionLord has been advised of the possibility of such damages.
9. Refund and defect removal policy
Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the license fee actually paid or correction of the defective software by SessionLord. You agree, prior to requesting a refund of your purchase price, that we will have an opportunity to correct any defects. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this Agreement. Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement.
The sole liability of SessionLord for a breach of this warranty is at SessionLord’s election:
- To replace any defective medium on which the Software is supplied;
- To advise you how to achieve the required functionality via an undocumented procedure; or
- To refund the past one month license fee for the Software.
The limited warranty contained in this section does not apply where:
- The Software is modified.
- The Software is used on hardware or in conjunction with software other than the unmodified software and hardware on which it is designed to operate as described in the related documentation.
- Access to the Internet as required by the operation of the Software has not been enabled or has been prevented (the Software will automatically verify the registration codes through the Internet, and may also automatically check for updates and fixes, which will be automatically downloaded and installed).
10. Cancellation policy
You agrees that once the order has been placed and the payment has been made You cannot cancel the order placed for the software.
You agree to indemnify SessionLord, and the employees, owners, directors, representatives, suppliers, agents and service providers of SessionLord against any failure by you to observe the provisions of this EULA and for all losses, damages and all reasonable expense and costs, including legal fees, incurred by SessionLord or them in third party claims arising out of the breach of your obligations under the terms of this EULA.
Your license to use the Software will terminate automatically and without notice if you are in breach of any of the terms of this EULA. Upon termination of this EULA for any reason, you shall immediately discontinue use of the Software.
13. No waiver of rights
Our failure or neglect to enforce at any time any of the provisions or rights granted in this EULA, or to take action against any other party in the event of any breach, shall not be construed nor deemed to be a waiver by us as to our rights or as to any subsequent enforcement of rights or subsequent actions in the event of future breaches under this EULA.
If the whole or any part of any provision of this EULA is determined to be invalid or unenforceable then such provision or part thereof shall be severed from the body of this EULA which shall continue to be valid and enforceable to the fullest extent permitted by law.
This EULA in all respects is governed and interpreted in accordance with the laws of England and Wales, without regard to its conflicts of laws principles. This EULA is entered into in United Kingdom. You consent to the exclusive jurisdiction of United Kingdom for any dispute arising from or related to this EULA. You agree that the exclusive venue for any dispute arising from or related to this EULA will be a court located in United Kingdom.
16. Entire Agreement
This EULA constitutes the complete and entire understanding and agreement between you and SessionLord and supersedes all prior communications, representations, agreements, negotiations or understandings with respect thereto, whether oral or in writing. This EULA may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this EULA. This EULA may be amended by us at any time and without notice, but only by amending this EULA as posted on this website, unless otherwise agreed to in a writing signed by both of us. Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this EULA you agree to periodically check this EULA posted at this page. You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.