- IMPORTANT-READ CAREFULLY: This Leader Software™, Inc. License Agreement ("LSLA") is a legally binding agreement between you ("Licensee", either an individual or a single entity) and Leader Software™, Inc. (Leader Software™), for the product identified above of which Darrel A. Dolph is the copyright holder. The product includes the use of a copy of computer software and associated media and a copy of the printed materials, and may include "online" or electronic documentation ("SOFTWARE"). By paying the License fee for the Software without promptly requesting a refund of such fee or installing, copying, or otherwise using the SOFTWARE, such acts indicate your acceptance of this LSLA and your agreement to be bound by the terms and conditions of this LSLA. If you do not desire to accept this LSLA or agree to the terms of this LSLA, promptly notify Leader Software™ of your intent. Leader Software™ will provide instructions to disable the SOFTWARE on your machine. After you provide evidence that the SOFTWARE has been disabled, you will receive a refund of the License fee minus an order processing and SOFTWARE license cancellation fee.
- Upon Licensee acceptance of the terms and conditions of the License Agreement, Leader Software™ grants Licensee the right to use the Software in the manner provided below. Leader Software™ reserves the right to license the same Software to other individuals or entities under a different license agreement.
- Licensee assumes responsibility for the selection of the Software to achieve the Licensee's intended results and for the installation, use and results obtained from the Software.
- The Licensee must purchase a single user license or extended user license from Leader Software™. This license bears the name of the licensed person or entity and is not transferable to any other party. Pricing and availability is subject to change without prior notice. The Licensee can consult the most recent pricing information at http://www.lotterynumberadvisor.com.
- If a single user license was bought, the Licensee can install the Software on a single machine. If the Licensee purchases an extended license, the Licensee is entitled to install the Software on one, and only one, additional machine. Installation of the Software on a network server is strictly prohibited. Any violation of the application or use of this Software is subject to any and all legal action deemed appropriate by Leader Software™ and the Licensee will lose their ‘Customer in good standing’ status.
- Leader Software™ offers a 30 day money back guarantee provided that the Licensee runs a specified KILL program on their computer. The KILL program instructions will be provided by Leader Software™. The KILL program will generate a unique KILL Code which the Licensee returns to Leader Software™ by email. The KILL Code verifies that the program has been destroyed and rendered inoperable. Upon receipt of the KILL Code, Leader Software™ will verify its authenticity and will refund the purchase price minus a $15.00 order cancellation fee. A Licensee that requests a refund will also lose their ‘Customer in good standing’ status.
- The loss of the ‘Customer in good standing’ status by the Licensee will result in:
- 1. The loss of any further customer support.
- 2. The loss of all web site privileges including but not limited to:
- a. access to the Video Training Classes.
- b. access to the Video Q&A sessions.
- 3. Refusal by Leader Software™ to sell any future updates or new product releases to the Licensee.
- The Licensee must not attempt to reverse compile, modify, translate or disassemble the Software in whole or in part. The Licensee must not run the Software under a debugger or similar tool allowing the Licensee to inspect the inner workings of the Software. Regardless of the number of licenses bought, the Licensee has the right to copy the Software into machine readable form for backup purposes only.
- The Licensee may not sublicense, rent or lease this Software nor sell printouts or the results of any analysis generated by his use of this Software. The Licensee may not use this program to generate information that would form the basis for products to be sold by any individual, entity or business.
- Technical support is available directly from Leader Software™ at no additional charge. When encountering problems, the Licensee must follow this procedure:
- 1. Read the operations manual on the subject in question.
- 2. Visit the Software Help files for assistance.
- 3. Visit the Leader Software™ web site at http://www.lotterynumberadvisor.com
- a. Take the appropriate Video Training class.
- b. Check Video Q&A for the answer to the question.
- 4. Email support@lotterynumberadvisor.com with the question. The lottery database being used by the Licensee must be attached to the email message.
- The Software is provided "as is". In no event shall Leader Software™ or any of his affiliates be liable for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of this Software, to the maximum extent permitted by applicable law. While the Software has been developed with great care, it is not possible to warrant that the Software is error free. The Software is not designed or intended to be used in any activity that may cause personal injury, death or any other severe damage or loss.
- When errors are found in the Software, Leader Software™ will release a new version of the Software that no longer contains those errors a reasonable amount of time after Leader Software™ is given an accurate description of those errors. Which amount of time is reasonable will depend on the complexity and severity of the errors. Leader Software™ will mention the release at http://www.lotterynumberadvisor.com and, at the option of Leader Software™, directly contact the Licensee to announce the new release. The Licensee can then, at their option, upgrade to the latest version or to continue to use the older version the Licensee already has. In either case, no payment to Leader Software™ is required. In the latter case, the Licensee will no longer be entitled to technical support until the Licensee has upgraded to the latest version.
- Leader Software™ reserves the right to charge an upgrade fee in the case of major new enhancements or additions to the Software. This major new version will then start a new version line which will use version numbers clearly distinguishable from the old version line. The Licensee has no obligation to upgrade to the new version line. Subsequent to the release of a new version, Leader Software™ is under no obligation to upgrade an older version if new errors are discovered in an old version.
- The Software remains the exclusive property of Leader Software™. Any Licensee which fully complies with the terms in this license agreement may use it according to the terms of this license agreement. The Licensee must not give copies of the Software or their license key to other persons or entities or transfer the Software or license key to another person or entity. The Licensee must also take reasonable steps to prevent any third party from copying the software from their machine without their permission.
- Leader Software™ reserves the right to revoke the license if the Licensee violates any or all of the terms of this license agreement, without prior notice.
- All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by and shall remain the sole property of Leader Software™. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, the SOFTWARE must be treated like any other copyrighted material. The Licensee may not copy the printed materials accompanying the SOFTWARE. The SOFTWARE and any copies of the SOFTWARE or any serial or key codes related to the SOFTWARE and Vendor trademarks may not be used, posted or displayed in any form or manner on any online auction sites or any other site without the express prior written permission of Leader Software™.
- The parties agree that if the Licensee uses the SOFTWARE in an unauthorized manner, or breaches the remaining terms and conditions of this LSLA, that such use or breach would have a devastating and serious impact on the continuing ability of Leader Software™ to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to Leader Software™. The parties agree that in such event, in addition to the right of Leader Software™ to recover damages for a breach of this LSLA, Leader Software™ would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent the Licensee, their employees, agents, consultants, or independent contractors from engaging in any further use of the SOFTWARE or the continued breach of the remaining terms and conditions of this LSLA.
- If the Licensee has any questions concerning this LSLA, or desires to contact Leader Software™ for any reason, please write to:
- Leader Software, Inc.
- PO Box 512
- Williamsport, PA 17703
- Email: support@lotterynumberadvisor.com
- TERM
- The license is effective until terminated. It may be terminated at any time by destroying the program together with all copies. It will also terminate upon conditions set forth elsewhere in the Agreement or if the Licensee fails to comply with any term or condition of this Agreement. The Licensee agrees, upon such termination, to allow Leader Software™ to disable any further use of the program on their machine.
- DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
- The software and accompanying files are provided as is without warranty of any kind. The entire risk as to the quality and performance of the software is with the licensee.
- Leader Software™ does not warrant that the functions contained in the software will meet the requirements of the licensee or that the operation of the software will be uninterrupted or error free or that any licensee perceived software defects will be corrected.
- Leader Software™ disclaims all warranties, either express of implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software and attendant folders and files.
- In no event shall Leader Software™ be liable for any damages whatsoever arising out of the use or inability to use the software even if Leader Software™ has been advised of the possibility of such damages.
- Except as otherwise provided in this LSLA, this Agreement may not be amended, altered, or any of its provisions waived on behalf of either party, except in writing executed by authorized agents of both parties.
- This agreement and the rights and duties under this Agreement may not be assigned by the Licensee without the prior written consent of Leader Software™.
- This LSLA shall be binding upon and inure to the benefit of Leader Software™ and its successors and permitted assigns.
- Captions contained in this Agreement are inserted for reference and in no way define, limit, extend or describe the scope of the LSLA or intent of any provision in the LSLA.
- If any provision of this LSLA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this LSLA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the LSLA to the other party.
- The Licensee warrants and represent to Leader Software™ that this LSLA shall be binding upon the Licensee, and that the individual agreeing to be bound under the terms and conditions of this LSLA is authorized or has been empowered to do so.
- AS STATED ABOVE, PAYING THE LICENSE FEE FOR THE SOFTWARE WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, INDICATES THE LICENSEE's ACCEPTANCE OF THIS LSLA AND THE LICENSEE's AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LSLA.