Exhibit 10(a)
Global Games Corporation, End User License Agreement This is a legal agreement
between you, the end user (either individual or an entity), and Global Games
Corporation (the Company). If you do not accept the terms of this Agreement, do
not install or use the software in any way. By using this software, you are
agreeing to become bound by the terms of this Agreement. Grant of License.
Global Games, as Licenser, grants to you, the licensee, a non-exclusive right
and License to use a copy of Global Games software currently known as Java
Sportsbook software(the software) on a single computer, (i.e. with a single CPU)
at single location so long as you comply with the terms of this License. Each
workstation upon which the software is used, whether such computer is a stand
-alone computer, a networked computer, or a terminal on a multi-user computer
must separately have a licensed copy of the software. Site and Corporate License
Grant. If you acquired a site or corporate license, Global games grants you the
right to use the number of copies of the Software for which you paid. For
single-user computers or workstations attached to a network (network Stations),
the quantity of the Software in use is considered to be the maximum number of
Network Stations on which the Software is either loaded in memory, or virtual
memory, or stored on a hard disk, or other storage device at one time. For a
multi-user computer, a use is counted for every session of the Software running
on the computer. If the anticipated number of users of the Software will exceed
the number of applicable Licenses for which you have paid, you must have a
process in force to assure that the number of concurrent users of the Software
does not exceed the number Licenses. Ownership of the Software. Global Games
retains the copyright, title and ownership of the Software and the written
materials of the form or media in or on which the original and other copies may
exist. You may take one copy of the Software solely for backup or archival
purposes, provided that such copy must contain all of the original Software
proprietary and copyright notices. Transfers. You may physically transfer the
Software from one of your computers to another provided that the Software is
used on only one computer at a time. You may not distribute copies of the
Software or any accompanying written materials to others without prior written
consent of Global Games. In no event may you transfer, assign, rent, lease,
sell, grant a security interest in or otherwise dispose of or convey the
Software except as noted herein. Termination. This License is effective until
terminated. This License will terminate automatically without notice from Global
Games if you fail to comply with any provision of this License. Upon
termination, you shall destroy all copies of the Software, as well as any
accompanying written materials.
U.S. Government Restricted Rights. If the Software is acquired by or for the U.
S. Government, then it is provided with Restricted Rights. Use, duplication, or
disclosure by the U. S. Government is subject to restrictions as set forth in
subparagraph (c) (1) of the Rights in Technical Data and Computer Software
clause at DFARS 252 .227-7013, or subparagraphs (c) (1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Contractor/manufacturer is Global Games Corporation, 000 Xxxxx
Xxxxxx Xxxxxx Xxxxx 000, Xxxxxxxxxxx, Xxxxxxxxx 00000. Limited Warranty. Global
Games warrants that, for a period of thirty (30) days from the date of initial
use by the original end user, the Software will operate substantially in
accordance with the published functional specifications current at the time of
delivery. If, during the warranty period, it appears that the Software is
defective or you are otherwise dissatisfied, you may terminate the License by
returning the Software and any accompanying materials within said thirty (30)
day period and Global Games will promptly refund the License fee you paid.
Global Games will provide product support and maintenance during said thirty
(30) day period. You may upgrade Global Games thirty (30) day product support
and maintenance obligation to one (1) year at an additional cost. Only if you
inform Global Games of your problem with the Software during the applicable
warranty period either by mail, phone call, or e-mail will Global Games be
obligated to honor this warranty. This warranty extends only to the original end
user and does not cover any Software that has been altered or changed in any way
by anyone other than the original end user. Global Games will use its best
efforts to repair, correct, or replace within a commercially reasonable period
of time any reported Software problem or error. Global Games does not warrant
that the Software will meet your requirements, that operation of the Software
will be uninterrupted or error free, or that all Software errors will be
corrected. Global Games and its Licensers are not responsible for problems
caused by changes in the operating characteristics of computer hardware or
computer operating systems which are made after the release of the Software nor
for problems in the interaction of the Software with software not furnished by
Global Games.
DISCLAIMER OF WARRANTIES. WITH THE EXCEPTION OF THE LIMITED WARRANTY DESCRIBED
HEREINABOVE, NETMASTERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF AN IMPLIED WARRANTY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
YOU. NO LIABILITY FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES. NETMASTERS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER COMMERCIAL OR
ECONOMIC LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF
NETMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE
FORESEEABLE. OUR MAXIMUM LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS
SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THE LIMITATIONS IN
THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A
BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU.
Enhancements. From time to time, Global Games may, in its sole discretion,
advise you of updates, upgrades, enhancements, or improvements to the Software
and/or new releases of the Software (collectively, enhancements), and may
license you to use such Enhancements upon payment of prices as may be
established by Global Games from time to time. All such Enhancements to the
Software, which are provided to you, shall also be governed by the terms of this
License unless otherwise noted by Global Games. Governing Law. This License
shall be governed by and construed in accordance with the laws of the State of
Minnesota and shall be deemed to have been entered into in Hennepin County,
Minnesota, USA, for all purposes of jurisdiction and venue. Severability. If any
provision of this License is held by a court of competent jurisdiction to be
invalid or unenforceable to any extent of applicable law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of this
license will remain in full force and effect. License Fee. Fee to Global Games
Corporation is 20% of net win and is subject to audit by mutually agreed party.
Date: September 3, 1999
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Euromontecarlo/Rainbow Parrot
Global Games Corporation
