PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE POKERSTATS SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND POKERSTATS.

PokerStats and You acknowledge that this Agreement is concluded between PokerStats and You only, and that Apple is not a party to this Agreement.

1. ACCEPTANCE AND DEFINITIONS In order for You to use the PokerStats Software, You must first agree to this license Agreement. If You do not or cannot agree to this license Agreement, You are not permitted to use the PokerStats Software. Do not download or use the PokerStats Software in that case. You accept and agree to the terms of this license Agreement on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, by accessing, using or downloading the PokerStats Software. When capitalized in this Agreement, “Agreement” means this software license agreement. “Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A. “Documentation” means all operating instructions and user, installation, set-up and configuration, and support manuals provided from time to time to You, whether prepared by PokerStats and/or its suppliers and/or its licensors or otherwise, in any form or medium whatsoever, as corrected, fixed, repaired, improved, modified, refined, upgraded, updated, or enhanced from time to time. “Device” means the iPhone, iPad or iPod hardware device or any other electronic device on which the PokerStats Software is installed. . “iTunes Store” means an electronic store owned and/or controlled by Apple or an affiliate of Apple that permits You to purchase or rent (as applicable) a license for downloads of digital content. “PokerStats” means the software developed for iOS Apple’s Systems avaiable for downloading at Apple’s iTunes Store. You” and “Your” means and refers to the person(s) or legal entity using the PokerStats Software or otherwise exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company (including Affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to such entity or organization as well. “Updates” means all modifications to the PokerStats Software including, but not limited to, bug fixes, patches, upgrades, new versions and updates to the PokerStats Software. “Contents” means all or any information, images, values or text created, downloaded or inserted by YOU on PokerStats. 2. BASIC TERMS You are responsible for all Contents that you post on PokerStats and for any consequences thereof. The Contents you submit, post or display may be viewed by other users of PokerStats and through third party services and websites. You should only provide Contents that you consent to sharing with others under these Terms.3. NO UPDATES, NO SUPPORT OR MAINTENANCE PokerStats shall not be obligated to provide You with any Updates to the PokerStats Software. If Updates are made available, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. PokerStats is not obligated to provide any maintenance, technical or other support for the PokerStats Software. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PokerStats Software. 4. YOUR OBLIGATIONS You represent to PokerStats and agree that: (a) You have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement; ; (b) You will comply with the terms of and fulfill Your obligations under this Agreement; (c) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with the PokerStats Software including without limitation any cost You incur to access the PokerStats Software from Your Device; (d) 5. CONSENT TO USE OF DATA, ADVERTISING To improve PokerStats Software, You agree that PokerStats may collect, use, store and transmit non-personally identifiable information that identifies Your Device, operating system, application software, peripheral hardware and usage statistics. PokerStats may use this information in the aggregate, in a form that does not personally identifies You to improve their products and services and may share anonymous aggregate data with their third party service providers. All data is collected, used, stored and transmitted in accordance with PokerStats’s Privacy Policy located at iTunes Store. PokerStats reserves the right to deliver advertising to You in conjunction with Your use of the PokerStats Software and utilize the processor bandwidth and storage on Your Device for this purpose. Advertising may be contextual and may be sent to You based on Your location or use of PokerStats Software. 6. PRODUCT CLAIMS Apple shall not be responsible for addressing any claims by You or any third party relating Your possession and/or use of that PokerStats Software, including, but not limited to: (a) product liability claims; (b) any claim that the PokerStats Software fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation and; (d) claims that the PokerStats Software or Your possession and use of that PokerStats Software infringes third party’s Intellectual Property Rights. 7. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP You acknowledge that the PokerStats Software and Trademarks are proprietary to PokerStats and/or its licensors, and that PokerStats and/or its licensors own all right, title and interest in and to the Intellectual Property Rights therein. Except for the licenses expressly granted herein, You acquire no right, title or interest in or to the PokerStats Software, improvements on or derivative works thereof, and PokerStats reserves all rights not expressly granted. 8. DISCLAIMER OF WARRANTY The PokerStats Software may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE POKERSTATS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE POKERSTATS SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND POKERSTATS AND ITS LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE POKERSTATS SOFTWARE AND ITS FUNCTIONALITY IN THE DOCUMENTATION OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, POKERSTATS AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, POKERSTATS AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE POKERSTATS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 9. LIMITATION OF LIABILITY In the event of any failure of the PokerStats Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the PokerStats Software to You. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE POKERSTATS SOFTWARE. IN NO EVENT SHALL POKERSTATS OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF POKERSTATS OR ITS LICENSORS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE POKERSTATS SOFTWARE, DOCUMENTATION, OR THIS AGREEMENT EXCEED NINETY-NINE CENTS OF AMERICAN DOLLAR (0.99 USD). THE LIMITATIONS OF LIABILITY IN THIS SECTION 5 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF POKERSTATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. POKERSTATS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE POKERSTATS SOFTWARE. YOU ARE SOLELY REPONSIBLE FOR SAFEGUARDING THE POKERSTATS SOFTWARE. SOME JURIDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF POKERSTATS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 10. EFFECTIVE DATE AND TERMINATION This Agreement shall be effective as of Your download of the PokerStats Software. Your rights under this Agreement will terminate immediately and automatically, without any notice to You, upon (a) Your failure to comply with any of the terms and conditions of this Agreement; (b) the termination by Apple, for any reason, of Your agreement with Apple regarding the ITunes Store or (c) Your disposal of the PokerStats Software. Promptly upon termination, You shall cease to use the PokerStats Software and Trademarks and destroy all electronic and physical copies of the PokerStats Software in Your possession or control. Termination of this Agreement will not limit any of PokerStats’s rights or remedies at law or in equity. Termination shall not entitle You to any refund.