Étude d'une licence : que reste-il à faire ?

Bonjour,

Pour organiser des tournois Pokémon, la société The Pokémon Company international nous met à disposition un logiciel du nom de TOM. En plus d'être mal fait, il est proprio…
Je regarde un peu la licence, et je ne sais pas de quels droits je peux user même après avoir accepté la licence sans la rompre. Décompilation par exemple, ça serait bien pratique pour faire ma version maison en python (les documents produits à reporter sur le site web des organisateurs de tournois sont en xml facilement compréhensible, mais ne pouvait faire tourner le logiciel actuellement je n'en ai pas sous la main).

Voici la licence en question, avec des passages classiques où on te crie dessus. Quelqu'un peut m'aider à la déchiffrer ?

END USER LICENSE AGREEMENT
FOR THE POKÉMON COMPANY INTERNATIONAL.

TOURNAMENT OPERATIONS SOFTWARE

This End User License Agreement ("License Agreement") is entered into between the Pokémon Company International ("TPCi") and you (a natural person or legal entity, referred to herein as "You") for the purpose of granting You certain rights with respect to TPCi's Tournament Operations Manager software, as well as any updates, upgrades or additions thereto, and web services and documentation provided by TPCi at any time in connection therewith (the "Software"). You agree to the terms and conditions of this License Agreement by requesting, downloading, obtaining, installing, accessing, copying, running or otherwise making any use of the Software or any portion thereof. If you do not agree to the terms and
conditions of this License Agreement, then TPCi extends no rights of any kind in or to the Software to You.

Representations and Warranties.
You represent and warrant that (1) You have read and understand TPCi's guidelines for tournament organizers ("TO's") and will follow such guidelines as the same may exist from time to time, (2) You have the authority to enter into this License Agreement, and (3) the execution and delivery of this License Agreement by You, and its performance by You, will not breach any agreement or understanding between You or any person or entity affiliated with You and any third party, or require any consent or approval of any third party or violate any law, regulation or order of any authority. In addition to the foregoing representations and warranties, if you have entered into a Premier Tournament Organizer Agreement with TPCi (a "TO Agreement"), you represent and warrant that (1) You are in full compliance with all of the terms and conditions thereof, (2) You are qualified in all respects to organize and hold Approved Tournaments, as defined in such TO Agreement, and (3) each and all of the representations and warranties made by you in such TO Agreement are valid as of the date of this License Agreement.

License.
Subject to the terms and conditions of this License Agreement, TPCi hereby grants You a non-exclusive and non-transferable license only within the United States of America (1) to install and run machine-readable portions of the Software on a single computer, and to make use of web services and documentation of the Software, solely to organize and hold tournaments which comply in all respects (i) with TPCi's guidelines for TO's as the same may exist from time to time and, (ii) if you have entered into a TO Agreement, with such TO Agreement, and (2) to make a single copy of the Software in machine readable form for backup purposes only. Notwithstanding the foregoing, in the event that TPCi notifies you of the availability of a new version of the Software or any portion thereof, the license granted to You for any and all prior versions of the Software or such portion thereof shall immediately cease and the license granted to You as expressed above in this paragraph shall extend only to such new version. Except as expressly granted in this paragraph, TPCi grants You no rights of any kind in or to the Software and You will not be deemed to acquire any such rights implicitly, by operation of law or otherwise. Title in and to the Software, as well as any and all rights therein or thereto, including copyrights, trade secrets and other forms of intellectual property rights, shall remain in TPCi. In particular, and without limitation, You shall have no right to provide copies of any of the Software to any third party, or prepare derivative works based thereon.

Restrictions.
You shall not (1) decompile, disassemble or reverse engineer any of the Software, except as provided by applicable law notwithstanding this limitation, (2) modify, adapt, add to or otherwise change the Software in any way, (3) communicate the Software in electronic form, printed form or otherwise, or (4) rent, lease, lend, run, give access to or otherwise permit the use of the Software by or for any third party.

Termination.
This License Agreement and the license granted herein shall remain in effect until notice of termination hereof from TPCi after You breach any of the terms or conditions hereof. Notwithstanding the foregoing, if You have entered into a TO Agreement, then this License Agreement and the license granted herein shall remain in effect during the Term of the TO Agreement, as defined therein, and will terminate (1) at the end of the Term, (2) upon earlier termination of the such TO Agreement, or (3) upon notice of termination hereof from TPCi after You breach any of the terms or conditions hereof, provided however, that if You are expressly obligated by such a TO Agreement to conduct an Approved Tournament (as defined therein) after the date of termination thereof, You shall have the right to continue your use of the Software solely for this purpose and shall otherwise make no further use of the Software. Except as expressly provided in this paragraph above, after expiration or termination of this License Agreement for any reason, You shall refrain from any further use of the Software, or other TPCi intellectual property or any intellectual property of TPCi's affiliates, and You shall destroy any and all copies of the Software received by or made by You.

No Warranties.
You agree that TPCi is providing you with the Software on an AS IS basis, and WITH ALL FAULTS, and that TPCi DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OR COMPLETENESS OF REPSONSES, OF RESULTS, OF STABILITY, OF FREEDOM FROM DEFECTS, BUGS OR VIRUSES, OR OF TITLE, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT.

Limitation of Liability.
TPCi SHALL NOT BE LIABLE TO YOU OR TO ANYONE AFFILIATED WITH YOU OR YOUR OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS OR AFFILIATES FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS LICENSE AGREEMENT. TPCi'S CUMULATIVE LIABILITY UNDER THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE FEE OWED BY TPCi TO YOU UNDER YOUR TO AGREEMENT, IF ANY, LESS THE CUMULATIVE AMOUNT OF ANY LIABILITY OF TPCi THEREUNDER.

Confidentiality.
You acknowledge and agree that the Software and all portions thereof are confidential and constitute trade secrets of TPCi and you shall at all times maintain the same confidential by taking all steps necessary to safeguard such confidentiality, including but not limited to refraining from publishing or otherwise disclosing the same to anyone without the express written permission of TPCi first obtained. All copies, excerpts, notes and summaries including any of the Software shall become and remain at all times the property of TPCi and/or its affiliates and shall be subject to the terms of this License Agreement. If You have entered into a TO Agreement, the Software and all portions thereof shall be deemed Confidential Information under such TO Agreement and subject to the provisions thereof governing Confidential Information.

Specific Enforcement.
In the event of any actual or prospective breach or default of this License Agreement by You or Your assignees, TPCi shall be entitled to equitable relief, including remedies in the nature of injunction and specific performance (without being required to post a bond or other security or to establish any actual damages). In this regard, You acknowledge that TPCi will be irreparably damaged in the event this provision is not specifically enforced. All remedies hereunder are cumulative and not exclusive, may be exercised concurrently and nothing herein shall be deemed to prohibit or limit TPCi from pursuing any other remedy or relief available at law or in equity for any actual or prospective breach or default, including the recovery of damages.

Assignability.
Neither this License Agreement nor the license granted hereby may be assigned or otherwise transferred by You, whether by operation of law or otherwise, without TPCi's prior written consent, and any attempt to do so will be void and of no effect. TPCi may transfer this License Agreement without Your consent.

Governing Law.
This License Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws provisions, as applied to agreements executed by New York residents and performed solely within the State of New York. The parties irrevocably agree that the state and federal courts located in the State of New York, U.S.A. shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with this License Agreement in respect of any claim brought against TPCi by You, and shall have non exclusive jurisdiction in respect of any claim brought against you by TPCi. You agree to submit to personal jurisdiction in New York and agree to accept service of process by mail in the country in which your office is located as specified by you to TPCi. THE PARTIES HEREBY WAIVE TRIAL BY JURY.

Severability.
If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be invalid or unenforceable, that provision of this License Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.

Entire Agreement.
This License Agreement, together with any TO Agreement entered into by You and all attachments and other instruments incorporated therein, contain the complete and entire agreement between the parties and supersedes any prior or contemporaneous written or verbal agreements between the parties. This License Agreement may be amended only by a writing, signed by both parties. In the event of any conflict between the provisions of this License Agreement and those of Your TO Agreement, if any, such provisions of the TO Agreement shall take precedence.

Headings and References.
The headings and captions used in this License Agreement are used for convenience only and are not to be considered in construing or interpreting this License Agreement.

La documentation fournie est un misérable fichier Readme.txt qui contient toute la licence, et rapidement comment l'installer online (méthode qui ne marche pas actuellement) et offline, et une FAQ qui sert à rien, youpi…

Vu que c'est marqué qu'ils ne me donnent une licence non-exclusive et non-transférable uniquement aux États-Unis, est-ce que ça veut dire qu'ils ne me donnent pas de licence en tant qu'Européen ? Et donc que je peux outrepasser l'interdiction de décompiler ?
Est-ce que je peux faire valoir la DADVSI pour avoir droit de décompiler le logiciel à des fins d'interopérabilité puisqu'il ne marche pas chez moi ?

Et puis j'ai pas compris ce qui se passe si je télécharge le logiciel sans accepter la licence…

Désolé à tous ceux qui voulaient finir leur trolldi à troller au lieu de manger des licences propriétaures…