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License Agreement
END USER LICENSE AGREEMENT

This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety. Please note that the Agreement constitutes a legally binding agreement between you and SoftTech Ltd. ("SoftTech" or "we") which operates the Internet website found at http://www.8ballclub.com (the "Site").

Introduction
The software that you are about to download (the "Software") is being licensed to you by SoftTech for your private personal use solely on "AS IS" basis and strictly in accordance with the terms and conditions set forth in this Agreement.

SoftTech operates a platform, accessible by use of the Software and/or via the Site for on-line games and tournaments. SoftTech deems such games as "skill games", i.e., games where the outcome is determined mainly by mental and/or physical skill, rather than by pure chance. However, VARIOUS COUNTRIES AND JURSIDICTIONS THROUGHOUT THE WORLD SET DIFFERENT LAWS, RULES AND REGULATIONS REGARDING THE GAMES OFFERRED BY SoftTech, THEIR NATURE AND THE PARTICIPATION IN SUCH GAMES FOR MONEY. THE USER ALONE IS RESPONSIBLE AT ALL TIMES TO ENSURE HIS OR HER COMPLIANCE WITH ALL SUCH LAWS, RULES AND REGULATIONS AS THEY APPLY TO HIM OR HER, AND NOTHING HEREIN OR ELSEWHERE IN THE SITE AND/OR THE SOFTWARE AND/OR ANY MATERIALS PROVIDED BY, ON BEHALF OR ABOUT, SoftTech SHALL BE DEEMD TO IMPLY THAT SoftTech PROVIDES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY LEGAL OR REGULATORY ASPECTS OF THE USER'S USE OF SOFTWARE AND PARTICIPATION IN ANY GAMES. FOR THE AVOIDANCE OF DOUBT, THE MERE FACT THAT A USER CAN DOWNLOAD AND INSALL THE SOFTWARE AND PARTICIPATE IN GAMES SHALL NOT BE DEEMED AS ANY REPRESENTATION OR WARRANTY OF SoftTech THAT ANY SUCH ACTIONS ARE IN COMPLIANCE WITH ANY LAWS RULES AND REGULATIONS APPLYING TO THE USER.

Without derogating from the generality of the aforesaid, the Software may not be used for money based games and competitions by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction; and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. Proof of age may be required by SoftTech in order to receive prizes.

You shall use the Software together with your unique Player ID ("Player ID") and unique and secret password ("Password") chosen by and known only to you, to access the Site servers (the "Servers") in order to play "play for real money" or "play for demo money" games (the "Games").

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

  1. GRANT OF LICENSE. Subject to the terms and conditions contained herein SoftTech grants the User a non-exclusive, personal, non-transferable right to download, install and use the Software in order to access and participate in games on User's personal computer alone, subject to the terms and conditions of this Agreement.

  2. NO WARRANTIES. SoftTech disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games all of which are provided to you "AS IS", and SoftTech provides you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from bugs.

  3. AUTHORITY. SoftTech retains authority over the issuing, maintenance, and closing of players' accounts at the Site. The decision of SoftTech, as it regards any aspect of a player's account, use of the Software, or dispute resolution, is final. SoftTech does not have to provide reasons for such decision. In addition it may suspend and terminate players' accounts due to any other violation of this Agreement.

  4. PROHIBITED USES.
    4.1 A User may, subject to this Agreement, subject to all other terms and conditions set forth in the Site and Software, and specifically subject to the sole and absolute discretion of SoftTech, open an account in which real money shall be deposited by the User, for the sole purposes of participating in Games and "play for real money". At any time, at its sole and absolute discretion, SoftTech may decide to close and and/or all accounts and take action to have all funds in the account(s) withdrawn.
    4.2 Each User may only establish one account. SoftTech reserves the right to monitor any effort to establish multiple accounts; in the event SoftTech discovers that a User has opened more than one account, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of the User's accounts.
    4.3 When depositing funds into the account, the User's applicable means of payment, such as and including any debit or credit card used, shall be immediately debited, and withdrawals shall be done in accordance with the applicable terms and conditions set forth herein and/or otherwise in the Site. To the extent required, an invoice will be issued promptly following receipt of the funds deposited by the User.
    4.4 SoftTech may impose dollar amount limitations on the credit card transactions in which a User engages to fund his participation in Games. SoftTech may also impose limitations on the net amount of money that a User may lose during any given period of time.
    4.5 A User may participate in any Game subject to any in accordance with this Agreement and the rules, terms and conditions applying to such Game. Once the User has entered a Game he, or she cannot resign or cancel their participation and will not be refunded any amounts due or paid as part of the participation in such Game, except at the sole and exclusive discretion of SoftTech. The User's account will be debited immediately upon entry and participation in any Game.
    4.6 Transactions made using certain payment methods will appear in your bank statement as MC 8ballclub.com.
    4.7 Users may request a withdrawal of funds from their available account balance at any time. Processing of a withdrawal may take up to 4 business days. SoftTech reserves the right to assess a processing fee for any withdrawal.

  5. DEPOSITS, ACCOUNT MAINTENANCE, PARTICIPATION IN GAMES, AND WITHDRAWALS.
    5.1 A User may, subject to this Agreement, subject to all other terms and conditions set forth in the Site and Software, and specifically subject to the sole and absolute discretion of SoftTech, open an account in which real money shall be deposited by the User, for the sole purposes of participating in Games and "play for real money". At any time, at its sole and absolute discretion, SoftTech may decide to close and and/or all accounts and take action to have all funds in the account(s) withdrawn.
    5.2 Each User may only establish one account. SoftTech reserves the right to monitor any effort to establish multiple accounts; in the event SoftTech discovers that a User has opened more than one account, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of the User's accounts.
    5.3 When depositing funds into the account, the User's applicable means of payment, such as and including any debit or credit card used, shall be immediately debited, and withdrawals shall be done in accordance with the applicable terms and conditions set forth herein and/or otherwise in the Site. To the extent required, an invoice will be issued promptly following receipt of the funds deposited by the User.
    5.4 SoftTech may impose dollar amount limitations on the credit card transactions in which a User engages to fund his participation in Games. SoftTech may also impose limitations on the net amount of money that a User may lose during any given period of time.
    5.5 A User may participate in any Game subject to any in accordance with this Agreement and the rules, terms and conditions applying to such Game. Once the User has entered a Game he, or she cannot resign or cancel their participation and will not be refunded any amounts due or paid as part of the participation in such Game, except at the sole and exclusive discretion of SoftTech. The User's account will be debited immediately upon entry and participation in any Game.
    5.6 Transactions made using certain payment methods will appear in your bank statement as MC 8ballclub.com.
    5.7 Users may request a withdrawal of funds from their available account balance at any time. Processing of a withdrawal may take up to 4 business days. SoftTech reserves the right to assess a processing fee for any withdrawal.
    5.8 The User agrees that SoftTech is not liable for any loss caused by any unauthorized use of the User's credit card or other method of payment by a third party.
    5.9 By registering for an account and/or participating in any Game offered, the User consents to allow SoftTech to access the User's account information to investigate complaints or other allegations of abuse.
    5.10 FOR U.S. CITIZENS. If your total winnings in any given year reach $600, SoftTech will request that you submit your social security number in order to send you a Form 1099, as required by the U.S. Internal Revenue Service regulations. Failure to provide your social security number at that time will result in SoftTech's inability to credit your account for any winnings in excess of $600.

  6. PRIZES.Provision of prizes and their amount shall be at the absolute discretion of SoftTech at all times. SoftTech reserves the right to verify the eligibility of any winner before granting a prize, and reserves the right to withhold or refuse the grant of any prize to a player whom SoftTech suspects that he/she has violated this Agreement. Players who win are responsible for any tax that may be applicable to their prize and agree to indemnify SoftTech from any liability attaching thereto. Prizes are individual, and are not transferable. Text message, email or telephone notification of prizes does not constitute a guarantee of entitlement to receive a prize.

  7. CUSTOMER SUPPORT. In the event that the User has a query, wishes to resolve a complaint or seeks SoftTech's support, technical or otherwise, regarding services rendered by SoftTech, the User should contact SoftTech customer support by clicking on the "Contact Us". SoftTech will make reasonable efforts to respond to any such email on a timely manner, but does not guarantee any response time.

  8. DISCLAIMER. This Site, the Games and any and all content are provided on an "AS IS" basis. SoftTech expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. SoftTech disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (A) any errors in or omissions from this Site and the content, including but not limited to technical inaccuracies and typographical errors, (B) any third party web sites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions there from, (C) the unavailability of this Site, the content or any portion thereof, (D) your use of this Site or the content, or (E) your use of any equipment or software in connection with this Site or the content.

  9. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall SoftTech be liable for any special, incidental, indirect, special or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Software, the Games or your accessing the Site or the Servers, even if SoftTech had prior knowledge of the possibility of such damages.

  10. INDEMNIFICATION. You agree to indemnify, defend and hold harmless SoftTech, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the terms of this Agreement by you.

  11. RETENTION OF DATA. The User is hereby required to retain a printed version of all of the relevant financial transaction data applicable to him, such as and including all transaction data related to use of the User's debit or credit card, as well as the rules of the Games and this Agreement.

  12. SECURITY. Even though SoftTech strives to provide high standards of security, SoftTech is not liable for any breach of security of User accounts. The User agrees that he/she is solely responsible for all use of the SoftTech Software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be that of the User. Furthermore, the User is hereby required to keep a copy of all financial transaction verifications sent to him by email from SoftTech in a safe and secure place. SSL encryption may be employed by SoftTech in order to protect sensitive data conveyed to it.

  13. DISPUTES. The User accepts that the historical data of each game shall be as recorded on SoftTech' servers. In the event of a discrepancy between data shown on User's computer and SoftTech' servers, the server of the latter shall prevail.

  14. SEVERABILITY.If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

  15. ASSIGNMENT. SoftTech reserves the right to assign any or all of its rights and obligations under this Agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement, and any such attempted assignment shall be deemed null and void.

  16. INTELLECTUAL PROPERTY. The User accepts that all information contained on the Site and/or in any Games and/or elsewhere may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights and that all such rights are owned by SoftTech, its affiliates, licensors or vendors; as between the User and SoftTech, all such rights shall be owned by SoftTech ("Protected Materials"). The User obtains no rights in any Protected Materials and must not use them without SoftTech' written permission. Specifically, the User may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit Protected Materials except download one copy of the Software for the User's personal, non-commercial use only, and provided that the User shall keep intact all copyright and other proprietary notices. SoftTech neither warrants nor represents that the User's use of any materials displayed on the Site and/or in any Games and/or elsewhere will not infringe rights of third parties.
    The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site and/or in any Games and/or elsewhere, including the names of all Games, are registered and unregistered Trademarks of SoftTech and/or others. Nothing contained on the Site and/or in any Games and/or elsewhere should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the written permission of SoftTech or such third party that owns the Trademark. The User's misuse of any Trademark is strictly prohibited. You are advised that SoftTech will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

  17. SYSTEM ERRORS. The User must inform SoftTech as soon as he or she becomes aware of any errors with respect to his or her account or any calculations with respect to any actions taken by him or her (such as deposits, participation in Games and withdrawals). In the event of any system failure or game error (such as a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any calculation, charges, fees, rakes, bonuses or payouts, as applicable ("System Errors", SoftTech will seek to place all parties directly affected by such System Error in the position they were in before the System Error occurred. SoftTech reserves the right to declare null and void any activities that were the subject of such System Error and to take any money from the User's account relating to the relevant activities or, if there are insufficient funds in the User's account, demand that the User pay SoftTech the relevant outstanding amount relating to these activities. In all circumstances whereby SoftTech (in its sole discretion) determines a System Error has been used to gain an unfair advantage, SoftTech reserves the right to consider this activity to be subject to section 5.4 of this Agreement.

  18. SECURITY REVIEW. To maintain a high level of security and integrity in all of SoftTech' systems, SoftTech reserves the right to conduct a security review at any time to validate the User's identity, age, the registration data provided by the User, to verify the User's use of the Software and participation in Games, including but not limited to the User's compliance with this Agreement and the policies of SoftTech and the User's financial transactions carried out with respect to the same for potential breach of this Agreement or applicable law (a "Security Review"). As such, you authorize SoftTech and its agents to make any inquiries of you, and for SoftTech to use and disclose to any third party SoftTech considers necessary to validate the information you provide to SoftTech or should provide to SoftTech in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, you agree to provide such information or documentation as SoftTech, in its unfettered discretion, may request. SoftTech has the right to contact you by Email or telephone for security issues, as it deems appropriate.

  19. AMENDMENT. SoftTech reserves the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in this Agreement. Your continued use of the Site and/or of the Software shall be deemed to attest to your agreement to any amendments to the Agreement. If you do not agree to the terms of this Agreement, you must discontinue using the Site and/or of the Software.

  20. STATUTE OF LIMITATION. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Software, or the terms of this Agreement which you may have must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and SoftTech and cannot be modified by the User.

  22. GOVERNING LAW & JURISDICTION; WAIVER. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of England. Each party irrevocably agrees that the International Court Of Arbitration in London shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising there from and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. The failure of SoftTech to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
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