USER License For The Use of aiLotto Software Products

  

IMPORTANT NOTICE -- READ CAREFULLY: This License For The USER Use of AILOTTO Software ("LICENSE") is the agreement which governs use of the software of AILOTTO Software (ďAILOTTOĒ) either downloadable herefrom or encoded on CD/DVD or similar recording media (ďMEDIAĒ), including computer software and associated printed materials ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download or install the provided MEDIA of the SOFTWARE so provided by AILOTTO.

 

RECITALS

 

Use of AILOTTO's products requires two elements: the SOFTWARE and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. The personal computer is protected by various patents, and is sold, but this LICENSE does not cover that sale, since it is not sold as a package with the SOFTWARE. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only.

 

Other third party SOFTWARE incidental to the use of, interface with or adding functionality to the use of AILOTTO SOFTWARE are governed separately by license agreements entered into with you the USER of the ancillary software and shall be binding and be used in accordance with all terms, conditions and restrictions applicable to the usage of the third party software .

 

Where any terms, conditions or restrictions may be in conflict with the intent of this agreement and other software licensing agreements entered into by you the USER of AILOTTO Software while using AILOTTO software concurrently with third party software products, use of AILOTTO software shall be in compliance with all terms and conditions so set out in the ancillary software licensing agreement to the extent that by so doing you the USER will be responsible for all terms, conditions and other restrictions contained in licensing agreements previously agreed to with the third party software developer.

 

AILOTTO shall not, nor will not be held accountable in any event for any illegal acts or acts that occur while you use AILOTTO software concurrently with other third party software products that may violate, be in violation of or be illegal to the terms, conditions or restrictions previously agreed to by the USER .

 

1. DEFINITIONS

 

1.1     Software. Software means the actual recorded media programs, downloaded programs or media disks containing number combinations and all associated materials printed or otherwise that shall be ancillary to the use of the program installed on the hard disk drive or any other permanent storage device used by the personal computer where the program has been installed onto. For purposes of this agreement Software applies to or implies the Lotto Pirate software program and itís components and the data disk number combinations currently available for sale.

 

1.2     User.  User means the person, individuals or organization that has possession, downloads or purchases the SOFTWARE and is the licensee agreeing to the terms, conditions and restrictions contained herein.

 

1.3    Third Party Software. Third Party Software means any other software products that are in use concurrently with or in support of AILOTTO software products. Third Party Software shall also include those software products also used with or licensed by AILOTTO software that form part of or are integral to the use of AILOTTO software.

 

 2. GRANT OF LICENSE

 

2.1 Rights and Limitations of Grant. AILOTTO hereby grants the USER the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations:

 

2.1.1 Rights. The USER may install and use one copy of the SOFTWARE on a single computer, and except for making one back-up copy of the Software, may not otherwise copy or redistribute the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurrently on different computers.

 

2.1.3 Limitations.

 

No Reverse Engineering. The USER may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code.

 

No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.

 

No Rental. The USER may not rent or lease the SOFTWARE to someone else.

 

No Commercial Usage.  All usage of the SOFTWARE shall be for personal and private purposes only.

 

No Commercial Gaming or Gambling Usage.  The SOFTWARE is for recreational purposes only and shall not at any time be used in any business directly related to gaming, gambling or other activities where the primary purpose is related to gaming or gambling.

 

3. TERMINATION

 

This LICENSE will automatically terminate if the USER fails to comply with any of the terms and conditions hereof. In such event, the USER must destroy all copies of the SOFTWARE and all of its component parts.

 

Defensive Suspension.  If the USER commences or participates in any legal proceeding against AILOTTO, then AILOTTO may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.

 

 4. COPYRIGHT

 

All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by AILOTTO exclusively.

 

The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, the USER is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes.

 

5. APPLICABLE LAW

 

This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the Province of Alberta in the Dominion of Canada.  The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

 

In the event that legal proceedings are initiated by either party to this agreement they shall take place in the Edmonton Judicial District and are subject to all proceedings governed by the laws of the Province of Alberta in the Dominion of Canada.  Any notice to a party shall be in writing or registered mail.

 

6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

 

6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND AILOTTO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AILOTTO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, 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 OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AILOTTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

6.3 No Liability For Moral Hazards. IT IS UNDERSTOOD THAT THE SOFTWARE AND ITíS USAGE ARE INTENDED FOR RECREATIONAL PURPOSES OF THE LICENSEE ONLY. ANY OTHER COMMERCIAL USAGE OR USAGE DEEMED AS BEING ILLEGAL OR CONTRARY TO THE RULES OF AGENCIES RESPONSIBLE FOR OVERSEEING THE ADMINISTRATION OF LOTTERY DRAWS IN ALL JURISDICTIONS WHERE THE SOFTWARE IS IN USE  SHALL BE APPLICABLE AND BE THE SOLE RESPONSIBILITY OF THE USER. THE USER SHALL HOLD HARMLESS AILOTTO SOFTWARE, ITíS AGENTS AND ALL HEIRS, EXECUTORS, ADMINISTRATORS AND OTHER LEGAL PARTIES RESPONSIBLE FOR THE DEVELOPMENT OF THE SOFTWARE FOR ALL SUCH USAGE THAT MAY BE IN VIOLATION OF FEDERAL, PROVINCIAL OR STATE LAWS GOVERNING THE USAGE OF SUCH RECREATIONAL PRODUCTS IN ALL LOTTERY GAMES THE SOFTWARE MAY BE APPLICABLE TO. THE USER IN ACCEPTING THIS LICENSE ALSO AGREES TO ALL TERMS, CONDITIONS AND RESTRICTIONS APPLICABLE TO ALL LOTTERY GAMES FOR THE JURISDICTION WHERE THEY CURRENTLY RESIDE OR ARE LEGALLY RESIDENT. IT IS FURTHER AGREED BY THE USER THAT BY ACCEPTING THIS LICENSE AGREEMENT WITHIN THE TERMS, ALL OTHER CONDITIONS OR RESTRICTIONS FOR JURISDICTIONS WHERE THE USER SHALL BE DEFINED AS NON-RESIDENT ALL LOTTERY GAME RULES, CONDITIONS AND RESTRICTIONS SHALL APPLY AND HOLDS AILOTTO SOFTWARE HARMLESS FROM ANY LEGAL OR OTHER RESPONSIBILITIES THAT MAY BE VIOLATED  BY THE USER AS A CONDITION OF BEING NOT QUALIFIED TO PARTICIPATE IN SUCH LOTTERY GAMES.

 

6.4 No Liability for Gambling Addictions. IT IS UNDERSTOOD THAT THE SOFTWARE AND ITíS USAGE IS INTENDED FOR THE PRIVATE PERSONAL  AND RECREATIONAL USE OF THE USER. ANY FINANCIAL LOSSES RESULTING FROM THE USAGE OF THE SOFTWARE IS THE TOTAL RESPONSIBILITY OF THE USER. IT IS UNDERSTOOD BY THE USER THAT THE SOFTWARE DOES NOT GUARANTEE NOR PROVIDE A WARRANTY OF ANY KIND FOR SUCCESS OF ANY LOTTERY DRAW AND ALL SUCH DRAWS ARE RANDOMLY GENERATED BY THE OVERSEEING AGENCY FOR WHICH AILOTTO SOFTWARE NEITHER HAS AN INTEREST IN OR RESPONSIBILITY FOR THE GENERATION OF NUMBER DRAWINGS. IT IS FURTHER AGREED THAT ALL LOSSES AND WINNINGS GENERATED FROM PLAYING SUCH GAMES OF CHANCE ARE THE RESPONSIBILITY OF THE USER. AILOTTO SOFTWARE FURTHER  HAS NEITHER AN INTEREST IN OR AN ENTITLEMENT TO ANY WINNINGS WHICH MAY BE  AWARDED TO THE USER OF THE SOFTWARE.

 

6.5 No Liability for Lottery Agencies Or Jurisdictions Where the Software is Being Used . IT IS UNDERSTOOD BY THE USER THAT THE USAGE OF THE SOFTWARE HOLDS HARMLESS THOSE AGENCIES AND JURISDICTIONS RESPONSIBLE FOR THE LOTTERY DRAWINGS. ALL TERMS, CONDITIONS AND RESTRICTIONS INCLUDING ALL STATED OR IMPLIED LIMITS OF LIABILITY IN PLACE FOR EACH JURISDICTION AND AGENCY SO RESPONSIBLE FOR OVERSEEING THE ADMINISTRATION OF LOTTERY DRAWING WHERE THE SOFTWARE MAY BE USED SHALL ALSO APPLY. THE USER FURTHER AGREES TO ALL GAME CONDITIONS AND PRIZE STRUCTURES IN PLACE  FOR WHICH THE LOTTERY AGENCY OR JURISDICTION HAS NOT FULLY DISCLOSED BUT UPON REQUEST MAY PROVIDE TO THE USER.

 

6.6 No Liability For Usage in Commercial Gambling/Gaming Activities or Adventures in Trade. IT IS UNDERSTOOD THAT BY THE USER THAT USAGE OF THE SOFTWARE IS INTENDED FOR THE PERSONAL, PRIVATE AND RECREATIONAL USE ONLY. ANY COMMERCIAL USE, USE IN CONJUNCTION WITH ONLINE GAMING OR GAMBLING OPERATIONS SHALL BE IN VIOLATION OF THIS LICENSE AGREEMENT.  IF AT ANY TIME THE SOFTWARE IS USED FOR COMMERCIAL PURPOSES THE USER GIVES AILOTTO SOFTWARE THE AUTHORIZATION TO SEEK SUCH DAMAGES AND AMOUNTS , SEEK ACTIONS AGAINST THE USER FOR VIOLATING THE TERMS AND CONDITIONS HEREIN DESCRIBED AND ALL OTHER AMOUNTS AND PENALTIES OTHERWISE APPLICABLE FOR VIOLATING THE USAGE OF THIS SOFTWARE LICENSING AGREEMENT.

 

7. MISCELLANEOUS

 

It is understood that the SOFTWARE is neither endorsed, approved or associated with any Lottery Agency or Jurisdiction responsible for overseeing the administration of lottery draws.

 

It is understood that aiLotto Software has neither an interest in or an association of any kind with any Lottery Agency or Jurisdiction responsible for overseeing the administration of lottery draws.

 

If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of AILOTTO.

 

Dated this day of  August 1, 2006 near or at  Stony Plain, Alberta, CANADA.

 

Grant Dorosh

 

For Security Purposes a Signed Signature Has Not Been Attached. Accept this document as legal service in lieu of deficient legal signature.

 

A signed copy maybe obtained upon written notice from interested third parties.

 

A small handling fee shall be applicable for a signed copy of this agreement but shall not exceed $10.00 Canadian.