3D Arcade Games Pack 2.77

EULA - End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING 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. ("ToBeGamer" or "TBG") which operates the Internet websites found at http://www.ToBeGamer.com, http://www.Play8x8.com, http://www.8BallClub.com (the "Site"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. You do not agree to the terms of this EULA, do not install, access or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS".

INTRODUCTION
The software that you are about to download (the "Software") is being licensed to you by TBG 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").

GRANT OF LICENSE
Subject to the terms and conditions contained herein TGB 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.

Installation and Use: You may install and use an unlimited number of copies of the Software. Any copies of the Software which this License authorizes you to make are subject to this EULA.
Reproduction and Distribution: You may not reproduce and distribute copies of the Software without the express written consent of TBG.
NO WARRANTIES
TBG 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 TBG 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 defects.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Support Services: TBG will not provide you with support services ("Support Services") related to the Software.
Software Transfer: You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
Termination: Without prejudice to any other rights of TBG''s, your rights under this EULA will terminate automatically without notice from TBG if you fail to comply with any term(s) of this EULA. In such event you must destroy all copies of the Software and any related materials.

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, estoppels 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.

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

DISCLAIMER
This Site, the Games and any and all content are provided on an "AS IS" basis. TBG expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. TBG 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.

LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall TBG 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 TBG had prior knowledge of the possibility of such damages.

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. 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 TBG in order to receive prizes.

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

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. You must discontinue using the Site and/or of the Software if you do not agree to the terms of this Agreement.

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.

MISCELLANEOUS
If for any reason a court of competent jurisdiction finds any provision or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by SoftTech.