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End User License Agreement

This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of service or products of PokerStars (ad defined below). Please note that the Agreement constitutes a legally binding agreement between you and Reel Italy Limited with its registered office at Villa Seminia, 8, Sir Temi Zammit Avenue, Ta' Xbiex, XBX 1011, Malta (referred to herein as "PokerStars") which owns and operates the Internet sites found at www.pokerstars.it and www.pokerstarsmobile.it (jointly defined as the "Site") and is authorized by the Amministrazione Autonoma dei Monopoli di Stato (the "AAMS") to carry out remote public games under the license No. 15023. In addition to the terms and conditions of this Agreement, please review our Gaming Account Agreement, the Privacy Policy and the Game Rules, the Real Money Processing and Currency Exchange terms and conditions and the VIP Club terms and conditions, as well as the other rules, policies and terms and conditions relating to the games and promotions available on the Site as posted on the Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time. By clicking the "I Agree" button as part of the software installation process and using the Software (as defined below), you consent to the terms and conditions set forth in this Agreement, the Privacy Policy and - if relevant depending on the type of Service (as defined below) provided by PokerStars - the Poker Rules and the Real Money Processing and Currency Exchange terms and conditions as each may be updated or modified from time to time in accordance with the provisions below and therein. For the purposes of this Agreement, the definition of "Software" will include both the PokerStars poker software downloadable from www.pokerstars.it and the PokerStars mobile software application (the "Mobile Software"). The Mobile Software can be downloaded by you via iTunes® and/or App Stores℠ for installation and use on an iPhone®, iPod touch® (Versions 3 and 4) and iPad® (each a "Device") manufactured by Apple® Inc of California, United States ("Apple"). 1. GRANT OF LICENSE/INTELLECTUAL PROPERTY 1.1. Subject to the terms and conditions contained herein PokerStars grants the User a non-exclusive, personal, non-transferable, royalty-free right, lasting for an indefinite period of time, to install and use the Software in order to access the PokerStars servers and play the games, as defined in the Gaming Account Agreement, (the "Games") available and to use the Mobile Software on your Device (the "Service"). 1.2. The Software is licensed to you by PokerStars for your private personal use. Please note that the Software is not for use 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. PokerStars is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matter. 1.3. PokerStars and its licensors are the sole holders of any and all rights on the Software and on the Software's code, structure and organisation, including copyright, trade secrets, intellectual property and any other relevant rights. You may not, within the limits prescribed by applicable laws,: (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise; (b) sell, assign, sublicense, transfer, distribute or lease the Software; (c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means) without the prior written consent of PokerStars; or (e) use the Software in a manner prohibited by applicable laws or regulations.
(each of the above is an "Unauthorised Use").
(each of the above is an "Unauthorised Use"). PokerStars and its licensors reserve any and all rights, implied or otherwise, which are not expressly granted to the User hereunder and retains all rights, title and interest in and to the Software. You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify PokerStars immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide PokerStars with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect. 1.4. The terms "PokerStars", the domain names "pokerstars.it" and "pokerstarsmobile.it" and any other trade marks, service marks, signs, trade names and domain names used by PokerStars on the Site and/or the Software from time to time (the "Trade Marks"), are the trade marks, service marks, signs trade names and/or domain names of PokerStars or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to PokerStars or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without PokerStars' prior written consent. Additionally, you cannot perform any activity that can harm, or potentially harm, the rights, including the intellectual property rights, held by PokerStars' and its affiliates on the Software, the Trade Marks or the Site Content and perform any activity that can damage the image of PokerStars, its affiliates, employees, directors, officers and consultants. 2. NO WARRANTIES 2.1. Within the limits prescribed by applicable laws, PokerStars disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy. 2.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, PokerStars makes no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs. 2.3. PokerStars reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice because of amendments to the calendars of the Games provided by the competent public authorities, as well as for the management, maintenance and update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by PokerStars in this regard. You accept that Apple assumes no responsibility for the service or maintenance of the Mobile Software. 2.4 With reference to the Mobile Software, in the case that a User has a legal entitlement to a warranty, the User agrees to notify Apple of their entitlement immediately in writing, including a description of the fault. In the case of justified entitlement, Apple will refund the purchase price of the Mobile Software. Within the limits prescribed by the law, the User accepts that PokerStars and Apple undertake no further obligation to provide warranty. 2.5 Any other requirements resulting from product warranty or any other binding law which result from the use of the Mobile Software in accordance with this Agreement are the responsibility of PokerStars and not Apple. 3. RELATIONSHIP WITH APPLE 3.1 The User accepts that this Agreement is between PokerStars and the User and is not linked to Apple or any subsidiary of Apple. Apple and its subsidiaries are third-party beneficiaries to this Agreement and have the right to pursue legal action based on this Agreement. Accordingly to the maximum extent permitted by applicable law, Apple and its subsidiaries assume no liability or warranty from this Agreement or the Mobile Software. 3.2 With reference to the Mobile Software, the User has accepted the terms of service of the App Store and acknowledges that, in case of conflict between the terms of this Agreement and the terms of service of the App Store, the latter shall prevail. 4. YOUR REPRESENTATIONS AND WARRANTIES Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that: 4.1. You agree that your use of the Service is at your sole option, discretion and risk. 4.2. You agree that you are required to provide us with certain personal details about yourself for the purpose of using the Service. PokerStars will process your personal data in compliance with our Privacy Policy. 4.3. You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein. 4.4. You are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your playing the Games. 5. OFFENSIVE LANGUAGE OR CONTENT The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive on the Site and/or via the Service using the chat option, the player images option or in correspondence with PokerStars' staff. When using the chat option offered to Users via the Service, Users are prohibited from making any statements which promote any service or product of any party except PokerStars. Further, Users shall not make statements about PokerStars or the Service that are untrue or would reasonably be considered to be derogatory or critical. 6. BREACH 6.1. Without prejudice to any other rights, PokerStars reserves the right to terminate this Agreement in case of breach by the User of the following Clauses of this Agreement: 1 (Grant of Licence/Intellectual Property) and 5 (Offensive Language or Content). 6.2. You agree to fully indemnify, defend and hold harmless PokerStars and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (a) your breach of this Agreement, in whole or in part; (b) violation by you of any law or any third party rights; and (c) use by you of the Service or use by any other person accessing the Service using your ID and/or PIN (as defined in the Gaming Account Agreement), whether or not with your authorization. 7. LIMITATION OF LIABILITY Within the limits prescribed by the law PokerStars not be liable for any direct, 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 (or misuse) of the Service even if PokerStars had prior knowledge of the possibility of such damages. 8. OTHER This Software includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org). 9. AMENDMENT PokerStars reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement. 10. GOVERNING LAW AND FORUM SELECTION The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Italy. Each party irrevocably agrees that the courts of the place of residence of the User shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom. 11. SEVERABILITY If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. 12. ASSIGNMENT PokerStars reserves the right to assign this agreement, in whole or in part, at any time without the need of the prior consent of the User. The User may not assign any of his/her rights or obligations under this Agreement to any third party. 13. MISCELLANEOUS 13.1 By using the Mobile Software, you represent and warrant that you are not (a) located in any U.S. embargoed countries or (b) on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that you will not use the Mobile Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 13.2. No waiver by PokerStars of any breach of any provision of this Agreement (including the failure of PokerStars to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement. 13.3. Subject to Clause 3.1, nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement. 13.4. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us. 13.5. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us. In accordance with Articles 1341 and 1342 of the Italian Civil Code, the User declares their express acknowledgement and acceptance of the clauses contained in the following Clauses of this Agreement: - Clause 2 - No Warranties
- Clause 3 - Relationship with Apple
- Clause 4 - Your Representation and Warranties
- Clause 6 - Breach
- Clause 7 - Limitation of Liability
- Clause 10 - Governing Law and Forum Selection

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Registered office: Villa Seminia, 8, Sir Temi Zammit Avenue, Ta' Xbiex, XBX 1011, Malta. Conc. No. 15023