BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN
CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE
BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.
This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.
APSI Sports and Gaming Technology Inc. shall grant to you a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by APSI Sports and Gaming Technology inc. that would replace, over write and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.
Should you breach this EULA at any time, your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License Grant, will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST destroy any and all copies of the Product.
The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.
As a Licensee, You may not:
Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses;
You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;
Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License;
Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.
APSI Sports and Gaming Technology Inc. may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of APSI Sports and Gaming Technology Inc. to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.
With regard and with relationship to the maximum extent permitted by applicable law, APSI Sports and Gaming Technology Inc., and, if applicable, related suppliers, shall provide the Product and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, and the provision of or failure to provide Support Services. FURTHERMORE, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON- INFRINGEMENT WITH REGARDS TO THE HEREIN CONTAINED PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REST WITH YOU.
In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of APSI Sports and Gaming Technology Inc. and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the
amount actually paid by you for this Product . Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
By clicking on the install button, you hereby agree that you will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or reexport of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current "Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations)."
The offered content is licensed by the U.S. Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.
This EULA, in its entirety, shall be legally binding upon and inure to the benefit of APSI Sports and Gaming Technology Inc. and you, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modification, or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by APSI Sports and Gaming Technology Inc. and you. This EULA shall be governed solely by the laws of the State of Utah and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in Sandy, Utah, and as such, you and APSI Sports and Gaming Technology Inc. irrevocably consent to the jurisdiction of said court and venue for Utah, USA.
THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF USE OF “ATPTurbo BETA SOFTWARE” TO BE ACCEPTED BEFORE INSTALLATION OF ANY “ATPTurbo BETA SOFTWARE”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING ANY SOFTWARE FROM THIS WEBSITE. YOU SHOULD UNDERSTAND THAT BY INSTALLING ANY SOFTWARE FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND APSI
Sports and Gaming Technology Inc. (“APSI”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT INSTALL OR USE “ATPTurbo BETA SOFTWARE”.
Your use of the ATPTurbo Beta Software is governed by these terms and conditions (“Beta User Conditions”) which you should read carefully before installing ATPTurbo Beta Software. These Beta User Conditions represent a binding contract between APSI and you. If you do not agree with these Beta User Conditions, please do not install or use ATPTurbo Beta Software.
APSI may update or amend these Beta User Conditions at any time. APSI will communicate such changes to you via the Beta Portal.
These Beta User Conditions apply to you regardless of how you have accessed the ATPTurbo Beta Software and regardless of the territory in which you live or conduct business.
Although utilizable by experienced users, ATPTurbo Beta Software is still being developed, tested, and evaluated. ATPTurbo Beta Software has not been released for sale, distribution, or any use by the general public.
ATPTurbo BETA SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF ATPTURBO BETA SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD ATPTURBO BETA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF ATPTURBO BETA SOFTWARE. ATPTURBO BETA SOFTWARE SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT INSTALL AND/OR USE ATPTURBO BETA SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APSI WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ATPTURBO BETA SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF ATPTURBO BETA SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL APSI’ LIABILITY EXCEED THE PRICE YOU PAID FOR ATPTURBO BETA SOFTWARE, IF APPLICABLE.
WE EXPRESSLY REPRESENT THAT ATPTURBO BETA SOFTWARE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND INSTALLING ATPTURBO BETA SOFTWARE DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO INSTALL ATPTURBO BETA SOFTWARE UNLESS YOU ARE AN EXPERIENCED USER.
APSI will not provide any technical support, maintenance, or any other services for any ATPTurbo Beta Software.
You will give APSI feedback about ATPTurbo Beta Software consisting of, without limitation, your suggestions, comments, or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide APSI with any Feedback, as part of the testing and evaluation of ATPTurbo Beta Software, you agree that: (a) APSI may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any APSI product, specification or other documentation; and (b) you will not give APSI any Feedback
(i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any APSI product incorporating or derived from any Feedback, or other APSI intellectual property, to be licensed to or otherwise shared with any third party.
ATPTurbo Beta Software, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by APSI through the Beta Portal or in connection with testing and evaluation of ATPTurbo Beta Software is confidential (“Confidential Information”).
You will keep, and ensure that any and all persons, firms, companies or organizations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify APSI in writing, or (d) is disclosed by you with APSI’s prior written consent.
UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE TESTING PROGRESS AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE BETA TESTING PROCESS. ANY PUBLICATION OF BETA VERSIONS TESTING RESULTS, REVIEWS OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF APSI.
The governing language of these Beta User Conditions is English. Although APSI may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these Beta User Conditions.
These Beta User Conditions will be governed by the laws of the State of Utah, USA.
All disputes arising out of or in connection with these Beta User Conditions shall be finally decided by state or federal courts sitting in the State of Utah, USA.
These Beta User Conditions (together with the documents to which they refer) contain the whole agreement between you and APSI relating to the use of The ATPTurbo Beta Software and supersede all previous agreements between you and APSI relating to it. You acknowledge that in agreeing to these Beta User Conditions you have not relied on any representation, warranty, or other assurance except those set out on the Beta Portal.