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ChessRally 2.6.925

Full-featured chess for email games, Live Internet/LAN games, or single-player.

 

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ChessRally 2.6.925 facilities

Vendor
1610 Sixth Avenue
15010 Beaver Falls
Vendor`s Webhttp://www.ingenuware.com
Ingenuware, Ltd. webshot
OSWindows 2000, Windows XP, Windows Vista, Windows 7, 64-bit (x86_64)
LimitationsInstall and Uninstall
Actualizedmore than year ago
Downloads902
LocalizedEnglish
LicenseFree to try
SnapshotChessRally snapshot
Snapshot of ChessRally

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ChessRally manufacturer description

Play chess with new and old friends alike over the Internet, your local network, through Email (correspondence games), or play against several challenging computer opponents. Meet up with people and make new friends in the Online Rally Rooms (a chat and game service) to chat, play, or just be a spectator. ChessRally 2.6.925 is a full-featured game for beginners and masters alike, with robust graphics and sound, fun characters, a customizable interface with free downloadable themes (skins, sets and sounds), smooth animation, a complete User's Guide, and free technical support. ChessRally Chess contains full support for rated games, timed games, all internationally accepted rules, computer move suggestions, a risk indicator, "Experimenting Mode", loading, saving, printing, PGN and FEN import/export, an interactive Move History window, unlimited undo, and more.

This download of ChessRally contains both the Free Edition, a free full-featured email chess game, and the Gold Edition with all of the other features mentioned above, which you get to try for free for 15-days. At the end of the Gold Edition features trial, if you choose not to upgrade to the Gold Edition, the Free Edition is yours to use for as long as you like for playing email chess entirely free, without restrictions or nag screens. Upgrading to the Gold Edition is easy with a fast, self-patching upgrade process (no new downloads to get) and costs $19.99.
free download ChessRally 2.6.925QUICK DOWNLOAD
Free download ChessRally 2.6.925

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ChessRally video tutorials

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ChessRally categories

single-player, chess game, multi player, single player, chessrally, email chess, online chess, multi-player, singleplayer, multiplayer

What is new in 2.6.925 changeinfo log

Two new larger board sizes, new fun avatars, and many online gaming enhancements. For a complete list of changes, visit http://www.chessrally.com/verhist.htm

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ChessRally permissions

=====INGENUWARE "CHESSRALLY" DISTRIBUTION AGREEMENT=====

--===PLEASE READ CAREFULLY==---

1. DEFINITIONS:

A. PRODUCT: THIS COMPUTER SOFTWARE, AND ALL OF ITS
CONTENTS, IN WHOLE OR IN PART, INCLUDING BUT NOT
LIMITED TO SOURCE CODE, OBJECT CODE, DOCUMENTATION,
IMAGES, AND ALL OTHER FORMS OF ASSOCIATED DATA AND
INFORMATION, WILL HENCEFORTH BE COLLECTIVELY
REFERRED TO AS "PRODUCT".

B. LICENSEE: ANY VIEWER, INSTALLER, USER, OR
DISTRIBUTOR OR RESELLER OF PRODUCT,
ACTIVE OR PASSIVE, INDIVIDUAL OR ENTITY, SHALL
HENCEFORTH BE REFERRED TO AS "LICENSEE".

C. INGENUWARE: AUTHOR, DEVELOPER AND MANUFACTURER OF
PRODUCT, NAMELY, "INGENUWARE, LTD", A PENNSYLVANIA
LIMITED LIABILITY COMPANY WHOSE PRIMARY OFFICE IS
AT 1610 SIXTH AVENUE BEAVER FALLS, PA 15010, U.S.A.,
SHALL HENCEFORTH BE REFERRED TO AS "INGENUWARE".

D. SERVICE: ANY AND ALL ACCESS TO COMPUTERS, SOFTWARE,
CONNECTIVITY, LISTINGS, AND/OR DATA TRANSFER MADE
AVAILABLE TO LICENSEE FOR ANY PURPOSE BY INGENUWARE
OR BY AFFILIATES/ASSOCIATES OF INGENUWARE, OVER ANY
COMPUTER NETWORK OR OTHER MEANS OF COMMUNICATION,
INCLUDING BUT NOT LIMITED TO THE "INTERNET", AND
SHALL HENCEFORTH BE COLLECTIVELY REFERRED TO AS
"SERVICE".

2. AGREEMENT:

IF LICENSEE DOES NOT AGREE TO ANY OF THE TERMS SET
FORTH IN THIS LICENSE AGREEMENT, LICENSEE IS HEREBY
INSTRUCTED TO EITHER CANCEL INSTALLATION, AND/OR
UNINSTALL PRODUCT, WHICHEVER THE CASE, AND MAY NOT
DISTRIBUTE PRODUCT UNDER ANY CIRCUMSTANCES. INSTALLING,
USING, OR DISTRIBUTING PRODUCT CONSTITUTES ACCEPTANCE OF
THIS ENTIRE AGREEMENT WITHOUT EXCEPTION BY LICENSEE, AND
ACTIVATES THIS AGREEMENT AS LEGAL AND BINDING, INSOFAR AS IS
ALLOWABLE BY LAW. BY INSTALLING, USING AND/OR DISTRIBUTING
PRODUCT FOR ANY PURPOSE, LICENSEE AGREES TO THE FOLLOWING
"LICENSE AGREEMENT"

3. LICENSE AGREEMENT:

A. REDISTRIBUTION: PRODUCT MAY BE REDISTRIBUTED FREELY
IN ORIGINAL FORM ONLY, AS DETERMINED EXCLUSIVELY BY
INGENUWARE.
B. RESALE AND TRANSFERABILITY: LICENSEE MAY NOT SELL,
RENT, OR OTHERWISE DERIVE ANY FORM OF INCOME OR
CONSIDERATION FROM PRODUCT OR SERVICE WITHOUT THE
EXPRESS WRITTEN AGREEMENT OF INGENUWARE. LICENSE TO
USE PRODUCT MAY NOT BE TRANSFERRED TO ANY OTHER
PARTY IN ANY WAY, AT ANY TIME, WITHOUT THE EXPRESS
WRITTEN AGREEMENT OF INGENUWARE.
C. MODIFICATION: LICENSEE MAY NOT UNDER ANY
CIRCUMSTANCES DECOMPILE, REVERSE ENGINEER,
DISASSEMBLE, OR MODIFY PRODUCT IN ANY WAY. IN NO
EVENT SHALL LICENSEE CREATE ANY DERIVATIVE WORK
BASED ON PRODUCT, IN PART OR IN WHOLE, EXCEPT FOR
WORKS DERIVED EXCLUSIVELY FROM INFORMATION AND
IDEAS ALREADY IN THE PUBLIC DOMAIN PRIOR TO THE
CONCEPTION AND CREATION OF PRODUCT AND/OR SERVICE,
OR OTHERWISE GENUINELY, UNIQUELY, AND UNDENIABLY
APART FROM PRODUCT AND/OR SERVICE. LICENSEE MAY,
HOWEVER, CREATE NEW WORKS TO BE USED EXCLUSIVELY
WITH PRODUCT IN THE FORM OF IMAGE AND AUDIO DATA
ONLY, REFERRED TO BY THE PRODUCT AS "THEMES".
D. SECURITY PROTOCOLS: LICENSEE SHALL NOT, AND SHALL
NOT ATTEMPT TO, UNDER ANY CIRCUMSTANCES, SUBVERT,
OR OTHERWISE AVOID OR EVADE THE SECURITY PROTOCOLS
IN PRODUCT RELATED IN ANY WAY TO THE LICENSING OR
USE OF PRODUCT.
E. ILLEGAL ACTIVITY: LICENSEE MAY NOT TO USE PRODUCT
TO ENGAGE IN ANY ACTIVITIES WHICH MAY BE DEEMED AS
ILLEGAL OR IN ANY WAY CONTRIBUTING TO THE
INFRINGEMENT OF ANY THIRD PARTY'S INTELLECTUAL
PROPERTY RIGHTS.
F. OTHER WARRANTY AND MERCHANTABILITY: PRODUCT AND
SERVICE ARE OFFERED "AS IS", WITHOUT WARRANTY OR
GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED. INGENUWARE
DOES NOT OFFER ANY WARRANTY, GUARANTEE, OR
REPRESENTATION OF THE MERCHANTABILITY, QUALITY OR
ACCURACY OF PRODUCT OR SERVICE, OR OF THE USEFULNESS
OR FITNESS OF PRODUCT OR SERVICE FOR ANY PARTICULAR
PURPOSE WHATSOEVER. THE SOLE RISK OF USE OF PRODUCT
AND/OR SERVICE REMAINS ENTIRELY WITH LICENSEE. INGENUWARE
DOES NOT OFFER ANY WARRANTY, GUARANTEE, OR
REPRESENTATION THAT OPERATION OF PRODUCT AND/OR
SERVICE WILL BE ERROR-FREE OR OTHERWISE FREE FROM
INTERRUPTION, EVEN IF INGENUWARE HAS BEEN ADVISED OF
SUCH ERRORS OR INTERRUPTIONS, OR THE POSSIBILITY OF
SUCH ERRORS OR INTERRUPTIONS.
G. LIABILITY: IN NO EVENT SHALL INGENUWARE OR ITS
SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS,
EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS,
AGENTS, OR ASSOCIATES BE LIABLE TO LICENSEE FOR
ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED
TO DIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,
SPECIAL, OR ANY OTHER TYPE OF DAMAGES ARISING OUT
OF THE USE, MISUSE, PERFORMANCE, DELIVERY,
ACCURACY, OR QUALITY OF PRODUCT OR SERVICE, OR
OUT OF THE INABILITY TO INSTALL PRODUCT OR
OTHERWISE USE PRODUCT OR SERVICE, EVEN IF
INGENUWARE HAS BEEN ADVISED OF SUCH DAMAGES, OR
OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE
SHALL INDEMNIFY, HOLD HARMLESS, AND OTHERWISE
COMPLETELY RELEASE FROM ALL LIABILITY, INGENUWARE,
ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS,
EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS,
AGENTS OR ASSOCIATES. LICENSEE SHALL NOT HAVE
NOR MAKE ANY CLAIM OR DEMAND AGAINST INGENUWARE,
ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS,
EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS,
AGENTS OR ASSOCIATES, WHETHER FINANCIAL OR
OTHERWISE. IN NO EVENT SHALL INGENUWARE'S
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT, OR OTHER, EXCEED THE PURCHASE PRICE OF
PRODUCT.
H. INTELLECTUAL PROPERTY: PRODUCT CONTAINS,
REFERENCES, AND DISPLAYS COPYRIGHTED MATERIALS,
TRADEMARKS AND OTHER INTELLECTUAL PROPERTIES OF
INGENUWARE. IN NO EVENT SHALL LICENSEE USE
COPYRIGHTED MATERIAL OR OTHER INTELLECTUAL
PROPERTIES, INCLUDING TRADEMARKS (REGISTERED OR
NOT), FOR ANY PURPOSE OTHER THAN WHAT IS
SPECIFIED IN THIS AGREEMENT. LICENSEE SHALL NOT
CREATE SIMILAR TRADEMARKS OR WORKS THAT MIGHT
CAUSE CONFUSION WITH OR OTHERWISE IMPAIR THE
MERCHANTABILITY OR USEFULNESS OF THE TRADEMARKS,
COPYRIGHTS, WORKS, OR OTHER INTELLECTUAL PROPERTIES
CONTAINED IN, INCLUDED WITH, DISPLAYED BY, OR
OTHERWISE REVEALED BY PRODUCT.
I. OWNERSHIP: THIS AGREEMENT IS NOT A SALE OR TRANSFER
OF OWNERSHIP OF PRODUCT. INGENUWARE RETAINS FULL
RIGHTS AND OWNERSHIP TO PRODUCT, SERVICE, AND ALL
RELATED INTELLECTUAL PROPERTIES, AS DESCRIBED IN
SECTION 3.H. OF THIS AGREEMENT. ANY MONIES PAID
BY LICENSEE FOR THE USE OF PRODUCT AND/OR SERVICE
ENTITLES LICENSEE TO USE THE PRODUCT AND SERVICE
IN ACCORDANCE WITH THIS AGREEMENT ONLY, AND DOES
NOT ENTITLE LICENSEE TO ANY CLAIMS OF OWNERSHIP
OF PRODUCT OR SERVICE, OR TO OWNERSHIP OF OTHER
INTELLECTUAL PROPERTIES AS DESCRIBED IN SECTION
3.H. OF THIS AGREEMENT.
J. TERMINATION: INGENUWARE RESERVES THE RIGHT TO
TERMINATE THIS LICENSE AND/OR TO REFUSE SERVICE TO
LICENSEE FOR ANY REASON WHATSOEVER, WITH OR WITHOUT
NOTICE.
K. REMEDIES FOR LICENSEE VIOLATIONS: INGENUWARE
RESERVES THE RIGHT TO EXECUTE CRIMINAL AND/OR CIVIL
PROCEEDINGS IN THE EVENT THAT LICENSEE IS IN
VIOLATION OF THIS AGREEMENT, IN PART OR IN WHOLE.
IN THE EVENT OF SUCH VIOLATION, INGENUWARE MAY,
AT ITS OWN DISCRETION, INVOKE CIVIL REMEMDIES,
INCLUDING BUT NOT LIMITED TO, INJUNCTION, PUNITIVE
DAMAGES, AND/OR OTHER SETTLEMENT, MONETARY OR
OTHERWISE, INSOFAR AS ALLOWABLE BY LAW.
L. GOVERNANCE: ANY AND ALL DISPUTES AND PROCEEDINGS
RELATED TO PRODUCT OR SERVICE BETWEEN LICENSEE AND
INGENUWARE SHALL BE GOVERNED BY AND SUBJECT TO THE
LAWS OF THE COMMONWEALTH OF PENNSYLVANIA OF THE
UNITED STATES OF AMERICA, AND ALL JUDGEMENTS SHALL
BE GIVEN BY A COURT OF COMPETENT JURISDICTION
WITHIN THE COMMONWEALTH OF PENNSYLVANIA OF THE
UNITED STATES OF AMERICA, UNLESS OTHERWISE AGREED
TO IN A SEPERATE AGREEMENT BETWEEN LICENSEE AND
INGENUWARE.
M. RESTRICTIONS ON LOCALE: IF LICENSEE RESIDES,
WORKS, HOLDS CITIZENSHIP OR ALLEGIENCE IN AND/OR
TO A COUNTRY THAT IS BANNED FROM TRADE WITH THE
UNITED STATES OF AMERICA, OR IS OTHERWISE BEING
PREVENTED FROM EXECUTING NORMAL COMMERCIAL
ACTIVITY WITH THE UNITED STATES OF AMERICA, THEN
LICENSEE MAY NOT UNDER ANY CIRCUMSTANCES INSTALL,
PURCHASE, OR OTHERWISE USE PRODUCT OR SERVICE.
IF LICENSEE CHANGES RESIDENCE, WORK LOCATION,
CITIZENSHIP, OR ALLEGIENCE IN AND/OR TO A COUNTRY
AS DESCRIBED ABOVE, THIS AGREEMENT IS
AUTOMATICALLY TERMINATED, AND LICENSEE IS
INSTRUCTED TO RETURN PRODUCT TO INGENUWARE,
DESTROY ALL COPIES OF PRODUCT WHICH ARE NOT
RETURNED, DESTROY ALL DATA AND INFORMATION
RELATED TO PRODUCT AND/OR SERVICE, AND NOT TO
INSTALL, PURCHASE, OR OTHERWISE USE PRODUCT OR
SERVICE IN ANY WAY. LICENSEE IS SOLELY
RESPONSIBLE FOR ADHERING TO THE AFOREMENTIONED
RESTRICTIONS.
N. SEVERABILITY: SHOULD ANY PART OR PARTS OF THIS
AGREEMENT BE FOUND TO BE UNENFORCEABLE, ALL
REMAINING PART AND/OR PARTS OF THIS AGREEMENT
SHALL SURVIVE AND REMAIN IN FULL EFFECT.
O. SECTION HEADINGS: SECTION HEADINGS IN THIS
AGREEMENT ARE FOR CONVENIENCE ONLY AND ARE NOT A
PART OF THIS AGREEMENT, AND SHALL NOT BE USED TO
INTERPRET ANY PART OR PARTS OF THIS AGREEMENT.

4. COPYRIGHT NOTICE:

PRODUCT is Copyright (C) 1997-2010 by Ingenuware, Ltd. All Rights Reserved.
All duplication that does not comply with this license agreement is strictly prohibited.

5. TRADEMARK NOTICE:

Ingenuware(tm) and ChessRally(tm) are Trademarks of Ingenuware, Ltd.

End user agreement for ChessRally

INGENUWARE "CHESSRALLY" EULA
(END-USER LICENSE AGREEMENT)
(Please Read Carefully - Includes Online Rally Rooms Code of Conduct)

1. DEFINITIONS:

A. PRODUCT: THIS COMPUTER SOFTWARE, AND ALL OF ITS CONTENTS, IN WHOLE OR IN PART,
INCLUDING BUT NOT LIMITED TO OBJECT CODE (COMPUTER PROGRAMS IN ANY FORM THAT
CONTAIN COMPUTER EXECUTABLE INSTRUCTIONS), SOURCE CODE, DOCUMENTATION, IMAGES,
AND ALL OTHER FORMS OF ASSOCIATED DATA AND INFORMATION, SHALL HENCEFORTH BE
COLLECTIVELY REFERRED TO AS "PRODUCT".
B. LICENSEE: ANY VIEWER, INSTALLER, AND/OR USER OF PRODUCT, ACTIVE AND/OR PASSIVE,
INDIVIDUAL OR ENTITY, SHALL HENCEFORTH BE REFERRED TO AS "LICENSEE".
C. INGENUWARE: AUTHOR, DEVELOPER AND MANUFACTURER OF PRODUCT, NAMELY, "INGENUWARE,
LTD", A PENNSYLVANIA LIMITED LIABILITY COMPANY WHOSE PRIMARY OFFICE IS AT 1610
SIXTH AVENUE BEAVER FALLS, PA 15010, U.S.A., SHALL HENCEFORTH BE REFERRED TO AS
"INGENUWARE".
D. SERVICE: ANY AND ALL ACCESS TO COMPUTERS, SOFTWARE, INFORMATION, NETWORK
CONNECTIVITY AND/OR DATA TRANSFER MADE AVAILABLE TO LICENSEE BY INGENUWARE
AND/OR BY AFFILIATES, ASSOCIATES, AND/OR PROVIDERS OF INGENUWARE, FOR ANY
PURPOSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO "RALLY ROOM" GAME SERVERS AND
OTHER GAME SERVERS, INTERNET WEB SITES, AND OTHER FORMS OF COMMUNICATIONS,
SHALL HENCEFORTH BE COLLECTIVELY REFERRED TO AS "SERVICE".
E. LICENSE KEY: ANY SPECIAL SEQUENCE OF DATA WHICH, WHEN HAVING ENTERED IT INTO
THE APPROPRIATE LOCATION IN PRODUCT, CAUSES SPECIFIC FEATURES IN PRODUCT TO
TEMPORARILY AND/OR PERMANENTLY BECOME AVAILABLE WHICH ARE NOT NORMALLY
AVAILABLE WITHOUT SUCH ENTRY, SHALL HENCEFORTH BE REFERRED TO AS "LICENSE KEY"
AND/OR "LICENSE KEY(S)".
F. SECURITY PROTOCOLS: MECHANISMS, DEVICES, METHODS, PROCESSES, AND/OR DATA,
WHETHER IN SOFTWARE, STORAGE (DIGITAL OR OTHERWISE), AND/OR COMMUNICATION,
HAVING THE DESIGN AND/OR PURPOSE OF ANY/ALL OF THE FOLLOWING: MANAGING AND/OR
MAINTAINING LICENSE KEY(S); MANAGING, DETERMINING, AND ENFORCING AVAILABILITY
OF PRODUCT AND/OR SERVICE, IN PART OR IN WHOLE; MANAGING AND/OR ENFORCING
REFUSAL OF SERVICE (COMMONLY KNOWN AS "BANS" AND/OR "BLOCKS"); PROVIDING
FUNCTIONALITY FOR THE ENFORCEMENT OF THIS AGREEMENT; AND/OR PROVIDING
FUNCTIONALITY RELATED TO ANY/ALL OTHER SECURITY AND/OR LICENSING RELATED
MATTERS, AS DETERMINED EXCLUSIVELY BY INGENUWARE.

2. AGREEMENT:

IF LICENSEE DOES NOT AGREE TO THIS LICENSE AGREEMENT IN ITS ENTIRETY, LICENSEE
SHALL NOT INSTALL PRODUCT, AND SHALL REMOVE ALL COPIES OF PRODUCT FROM THEIR
COMPUTER. INSTALLING AND/OR USING PRODUCT CONSTITUTES UNCONDITIONAL ACCEPTANCE BY
LICENSEE OF THIS ENTIRE AGREEMENT, AND ACTIVATES THIS AGREEMENT AS LEGAL AND
BINDING, INSOFAR AS IS ALLOWABLE BY LAW. BY INSTALLING AND/OR USING PRODUCT AND/OR
SERVICE FOR ANY PURPOSE, LICENSEE ACCEPTS ALL DEFINITIONS IN THE PREVIOUS SECTION
(1. "DEFINITIONS"), AND ALSO AGREES TO THE FOLLOWING SECTION (3. "LICENSE TO USE")
IN ITS ENTIRETY.

3. LICENSE TO USE:

A. USAGE:
a. USAGE OF PRODUCT/SERVICE: PRODUCT AND/OR SERVICE MAY BE USED BY LICENSEE
FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY. LICENSEE MAY USE ANY
NUMBER OF COPIES OF PRODUCT ON ANY NUMBER OF COMPUTERS PROVIDED THAT SUCH
USAGE DOES NOT VIOLATE THIS OR ANY OTHER SECTION OF THIS AGREEMENT.
COPIES OF PRODUCT INSTALLED ON ANY COMPUTER WITHOUT A LICENSE KEY ARE
LIMITED TO A FULLY-FUNCTIONAL TRIAL PERIOD OF TWENTY-ONE DAYS, THEN
LIMITED TO PARTIAL FUNCTIONALITY UNTIL A VALID AND LEGITIMATELY OBTAINED
LICENSE KEY IS INSTALLED ON THE INDIVIDUAL COMPUTER WHERE PRODUCT
RESIDES. LICENSEE IS ENTITLED TO ONE AND ONLY ONE FULLY-FUNCTIONAL TRIAL
PERIOD PER UNIQUE COMPUTER. LICENSEE MAY USE PRODUCT WITH SUCH
LIMITATIONS RESULTING FROM LICENSE KEY ABSENCE FOR ANY PERIOD OF TIME,
NOTWITHSTANDING THE PROVISIONS OF TERMINATION WITHIN THIS AGREEMENT.
b. USAGE OF LICENSE KEY(S): WITH THE EXCEPTION OF SITE LICENSES (AND SITE
LICENSE KEYS), WHICH ARE DEFINED LATER IN THIS AGREEMENT, LICENSE KEY(S)
OBTAINED BY LICENSEE MAY BE INSTALLED BY LICENSEE ON ONE AND ONLY ONE
INDIVIDUAL COMPUTER SIMULTANEOUSLY. LICENSEE MAY TRANSFER A LICENSE KEY
TO ANY OTHER INDIVIDUAL COMPUTER IN THEIR OWNERSHIP OR LEASED-POSSESSION
("NEW COMPUTER"), BUT ONLY IF THE LICENSE KEY IS FIRST COMPLETELY REMOVED
FROM THE COMPUTER WHERE IT IS/WAS INSTALLED PRIOR TO SUCH TRANSFER. ONCE
A LICENSE KEY HAS BEEN TRANSFERRED TO A NEW COMPUTER, IT MAY NOT BE
TRANSFERRED BACK TO THE PREVIOUS COMPUTER AT ANY TIME WITHOUT THE PRIOR
AND EXPRESS WRITTEN CONSENT FROM INGENUWARE. EACH INDIVIDUAL LICENSE KEY
USED MAY BE USED ON ONE AND ONLY ONE DISTINCT AND INDIVIDUAL COMPUTER
SIMULTANEOUSLY.
c. LIMITATIONS AND CLARIFICATIONS FOR VIRTUALIZATION: FOR THE PURPOSES OF THIS
AGREEMENT, EACH INDIVIDUAL VIRTUALIZED COMPUTING ENVIRONMENT, INCLUDING, BUT
NOT LIMITED TO: INDIVIDUAL OPERATING SYSTEM INSTALLATIONS THAT ARE INSTALLED
SIMULTANEIOUSLY WITH OTHER INDIVIDUAL OPERATING SYSTEM(S) ON THE SAME PHYSICAL
HARDWARE, AN OPERATING SYSTEM ACCESSED THROUGH VIRTUALIZATION SOFTWARE
(EXAMPLES: VIRTUAL PC, VMWARE), CONSTITUTE AND SHALL BE CONSIDERED TO BE,
SEPARATE AND UNIQUE COMPUTERS.
B. TERM AND SCOPE OF AGREEMENT: THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE
DATE AND TIME WHICH LICENSEE FIRST INSTALLS/INSTALLED AND/OR USES/USED PRODUCT
AND/OR SERVICE, AND SHALL CONTINUE INDEFINITELY, UNTIL SUCH A TIME (IF ANY)
THAT INGENUWARE RELEASES LICENSEE FROM THIS AGREEMENT IN WRITING, WITH OR
WITHOUT NOTICE. THIS AGREEMENT REPLACES AND OVERRIDES ANY PREVIOUS AGREEMENTS,
AND COVERS THE CURRENT VERSION OF PRODUCT AND SERVICE, AS WELL AS ALL PREVIOUS
VERSIONS OF PRODUCT AND SERVICE INSTALLED AND/OR USED BY LICENSEE AT ANY TIME,
PAST, PRESENT, OR FUTURE.
C. REDISTRIBUTION: PRODUCT MAY BE REDISTRIBUTED FREELY ONLY IN ITS ORIGINAL FORM,
AS RELEASED FOR TRIAL USE BY INGENUWARE TO THE GENERAL PUBLIC, AND/OR OTHERWISE
DETERMINED EXCLUSIVELY BY INGENUWARE.
D. RESALE AND TRANSFERABILITY: LICENSEE MAY NOT SELL, RENT, OR OTHERWISE DERIVE
ANY FORM OF INCOME AND/OR CONSIDERATION FROM PRODUCT AND/OR SERVICE WITHOUT THE
EXPRESS WRITTEN AGREEMENT OF INGENUWARE. LICENSE KEY(S) AND/OR LICENSE TO USE
PRODUCT MAY NOT BE TRANSFERRED TO ANY OTHER PARTY IN ANY WAY, AT ANY TIME,
WITHOUT THE PRIOR AND EXPRESS WRITTEN CONSENT OF INGENUWARE. ANY LICENSE
KEY(S) ASSIGNED TO LICENSEE MAY NOT BE TRANSFERRED TO ANY OTHER PARTY IN ANY
WAY, AT ANY TIME, WITHOUT THE EXPRESS WRITTEN CONSENT OF INGENUWARE, AND SUCH
CONSENT FOR LICENSE KEY TRANSFER SHALL NOT BE GRANTED BY INGENUWARE UNLESS
LICENSEE SUBMITS THE FULL NAME, EMAIL ADDRESS, POSTAL MAILING ADDRESS, AND
TELEPHONE NUMBER OF THE OTHER PARTY THAT THE LICENSEE WISHES TO TRANSFER ANY
LICENSE KEY(S) TO, PRIOR TO THE TRANSFER OF SUCH LICENSE KEY(S). INGENUWARE
RESERVES THE RIGHT TO REFUSE SUCH A TRANSFER FOR ANY REASON, INCLUDING, BUT NOT
LIMITED TO: THIRD PARTY HAS BEEN KNOWN TO OR HAS BEEN SUSPECTED OF DISTRIBUTING
LICENSE KEY(S) TO OTHER PARTIES IN VIOLATION OF THIS AGREEMENT, THIRD PARTY HAS
HAD THEIR LICENSE PREVIOUSLY REVOKED/TERMINATED, AND/OR THIRD PARTY HAS BEEN
KNOWN TO OR HAS BEEN SUSPECTED OF PARTICIPATING IN ILLEGAL ACTIVITIES WHILE
USING SERVICE.
E. MODIFICATION AND TAMPERING: LICENSEE MAY NOT UNDER ANY CIRCUMSTANCES, EITHER
DIRECTLY OR INDIRECTLY (INCLUDING THROUGH ANY THIRD PARTY): DECOMPILE, REVERSE
ENGINEER, DISASSEMBLE, AND/OR MODIFY IN ANY WAY, THE FOLLOWING: PRODUCT,
SERVICE, AND/OR LICENSE KEY(S). LICENSEE ALSO MAY NOT ALTER THE FUNCTIONALITY
AND/OR AVAILABILITY OF PRODUCT AND/OR SERVICE IN A WAY NOT INTENDED BY
INGENUWARE (AS DETERMINED EXCLUSIVELY BY INGENUWARE), INCLUDING, BUT NOT
LIMITED TO:
a. USING AND/OR CAUSING TO BE MADE AVAILABLE FEATURES OF PRODUCT AND/OR
SERVICE THAT ARE NOT NORMALLY AVAILABLE WITHOUT THE USE OF A LICENSE KEY
THAT WAS LEGALLY OBTAINED FROM INGENUWARE OR AN AUTHORIZED INGENUWARE
RESELLER.
b. USING AND/OR CAUSING TO BE MADE AVAILABLE, LICENSE KEY(S) AND/OR FEATURES
OF PRODUCT AND/OR SERVICE THAT LICENSEE IS NO LONGER PERMITTED TO USE AS
A RESULT OF LICENSE REVOCATION/TERMINATION.
c. USING AND/OR ATTEMPTING TO ASCERTAIN LICENSE KEY(S) THROUGH MEANS OTHER
THAN LEGALLY OBTAINING SUCH LICENSE KEY(S) DIRECTLY FROM INGENUWARE OR AN
AUTHORIZED INGENUWARE RESELLER.
d. DISTRIBUTING LICENSE KEY(S) TO ANY OTHER PARTY REGARDLESS OF HOW SUCH
LICENSE KEY(S) WAS/WERE OBTAINED.
e. MANIPULATING, SUBVERTING, CIRCUMVENTING, EVADING, AND/OR OTHERWISE
AVOIDING SECURITY PROTOCOLS.
f. DELETING AND/OR ALTERING UNIQUELY IDENTIFYING INFORMATION, SKILL
ASSESSMENT DATA ("RATING" AND GAME STATISTICS INFORMATION), AND/OR OTHER
SECURITY RELATED DATA GENERATED BY PRODUCT.
g. USING SO CALLED "CHEAT PROGRAMS" AND/OR MANIPULATING PRODUCT AND/OR
SERVICE IN ANY WAY (BY ANY MEANS) NOT CONSIDERED TO BE "NORMAL USE" (AS
DETERMINED EXCLUSIVELY BY INGENUWARE), INCLUDING, BUT NOT LIMITED TO:
MANIPULATING GAME CLOCK(S); MANIPULATING GAME PIECE PROPERTIES,
ABILITIES, AND/OR POSITION; AND/OR MANIPULATING RESULTS OF GAME MATCHES
THROUGH A MEANS OTHER THAN NORMAL GAME OPERATION AND TERMINATION, AS
DETERMINED EXCLUSIVELY BY INGENUWARE.
IN KEEPING WITH THIS SECTION OF THE AGREEMENT, LICENSEE ALSO AGREES TO ALLOW
PRODUCT TO AUTOMATICALLY CLOSE/SHUT DOWN ANY SOFTWARE PROGRAMS THAT ARE
BELIEVED BY INGENUWARE TO BE INTENDED TO, OR OTHERWISE ABLE TO, ASSIST IN THE
TAMPERING WITH AND/OR EVADING OF, SECURITY PROTOCOLS AND/OR LICENSING RELATED
DATA, WITH SUCH SOFTWARE PROGRAMS DETERMINED EXCLUSIVELY BY INGEUWARE.
F. DERIVATIVE WORKS: IN NO EVENT SHALL LICENSEE CREATE ANY DERIVATIVE WORK BASED
ON PRODUCT, IN PART OR IN WHOLE, EXCEPT FOR WORKS DERIVED EXCLUSIVELY FROM
INFORMATION AND IDEAS ALREADY IN THE PUBLIC DOMAIN PRIOR TO THE CONCEPTION OF
THE FIRST VERSION OF PRODUCT AND/OR SERVICE, OR OTHERWISE GENUINELY, UNIQUELY,
AND UNDENIABLY APART FROM PRODUCT AND/OR SERVICE. LICENSEE MAY, HOWEVER, CREATE
NEW WORKS TO BE USED EXCLUSIVELY WITH PRODUCT IN THE FORM OF IMAGE, TEXT, AND
AUDIO DATA ONLY, REFERRED TO BY PRODUCT AS "THEMES".
G. ILLEGAL ACTIVITY: LICENSEE SHALL NOT USE PRODUCT AND/OR SERVICE TO ENGAGE IN
ANY ACTIVITIES WHICH MAY BE DEEMED AS ILLEGAL, INCLUDING BUT NOT LIMITED TO,
SOLICITATION AND/OR CORRUPTION OF MINORS, DISTRIBUTION AND/OR ACCEPTANCE OF
"PIRATED" SOFTWARE AND/OR "PIRATED" SERIAL NUMBER(S)/LICENSE KEY(S), AND/OR
OTHERWISE CONTRIBUTING TO THE INFRINGEMENT OF INGENUWARE'S AND/OR ANY THIRD
PARTY'S INTELLECTUAL PROPERTY RIGHTS.
H. LIMITED WARRANTY: IF LICENSEE PURCHASES LICENSING/LICENSE KEY(S) DIRECTLY FROM
INGENUWARE, AND IF FOR ANY REASON, WITHIN 90 DAYS OF LICENSEE'S PURCHASE,
LICENSEE IS NOT SATISFIED WITH PRODUCT, LICENSEE MAY REQUEST THAT INGENUWARE
CORRECT THE PROBLEM THAT RESULTED IN SUCH DISSATISFACTION, AFTER WHICH, IF
INGENUWARE IS UNABLE OR UNWILLING TO COMPLY WITH SUCH REQUEST TO THE
SATISFACTION OF LICENSEE, LICENSEE IS ENTITLED TO OBTAIN A FULL REFUND FROM
INGENUWARE OF THE PURCHASE PRICE ONLY IF LICENSEE RETURNS PRODUCT TO INGENUWARE
(IF PRODUCT WAS GIVEN TO LICENSEE IN PHYSICAL FORM), DESTROYS ALL OTHER COPIES
OF PRODUCT WHICH ARE UNDER THE CONTROL AND/OR POSSESSION OF LICENSEE, DESTROYS
ALL COPIES OF LICENSE KEY(S) AND/OR OTHER DATA RELATED TO PRODUCT, AND SUBMITS
AN AFFIDAVIT OF SUCH DESTRUCTION TO INGENUWARE. INGENUWARE RESERVES THE RIGHT
TO REFUSE A REFUND FOR ANY REASON WHATSOEVER (AT THE SOLE DISCRETION OF
INGENUWARE), INCLUDING, BUT NOT LIMITED TO: IF LICENSEE COMMITS CONSUMER CREDIT
CARD FRAUD DURING THE LICENSING/PURCHASING PROCESS, IF LICENSEE IS IN VIOLATION
OF SECTION 3.E. OF THIS AGREEMENT, AND/OR IF LICENSEE VIOLATES THE TERMS OF
SERVICE/CODE OF CONDUCT AS OUTLINED IN SECTION 3.J. OF THIS AGREEMENT.
I. OTHER WARRANTY AND MERCHANTABILITY: NOTWITHSTANDING THE FOREGOING LIMITED
WARRANTY, PRODUCT AND SERVICE ARE OFFERED "AS IS", WITHOUT WARRANTY OR
GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED. INGENUWARE DOES NOT OFFER ANY
WARRANTY, GUARANTEE, AND/OR REPRESENTATION OF THE MERCHANTABILITY, QUALITY
AND/OR ACCURACY OF PRODUCT OR SERVICE, AND/OR THE USEFULNESS AND/OR FITNESS OF
PRODUCT AND/OR SERVICE FOR ANY PARTICULAR PURPOSE WHATSOEVER. THE SOLE RISK OF
USE OF PRODUCT AND/OR SERVICE REMAINS EXCLUSIVELY WITH LICENSEE. INGENUWARE
DOES NOT OFFER ANY WARRANTY, GUARANTEE, AND/OR REPRESENTATION THAT OPERATION OF
PRODUCT AND/OR SERVICE WILL BE ERROR-FREE OR OTHERWISE FREE FROM INTERRUPTION,
EVEN IF INGENUWARE HAS BEEN ADVISED OF SUCH ERRORS AND/OR INTERRUPTIONS, AND/OR
OF THE POSSIBILITY OF SUCH ERRORS AND/OR INTERRUPTIONS.
J. TERMS OF SERVICE & CODE OF CONDUCT: THE SERVICE OFFERED AS DESCRIBED IN SECTION
1.D. OF THIS AGREEMENT IS NOT GUARANTEED TO BE OFFERED TO LICENSEE AT ANY TIME.
IF/WHEN SERVICE IS PROVIDED, IT IS PROVIDED AS A CONVENIENCE ONLY. SERVICE MAY
BE GOVERNED AND/OR MONITORED BY INGENUWARE AND/OR PERSON(S) APPOINTED
EXCLUSIVELY BY INGENUWARE, COMMONLY REFERRED TO (AND HENCEFORTH REFERRED TO) AS
"ROOM OPERATOR(S)". THE EXISTENCE OF SERVICE, AND/OR POSSESSION OF LICENSE
KEY(S) BY LICENSEE, SHALL NOT CONSITIUTE (COLLECTIVELY OR SEPARATELY) A
GUARANTEE THAT SERVICE SHALL OR MUST BE PROVIDED TO LICENSEE. INGENUWARE
RESERVES THE RIGHT TO REFUSE SERVICE TO LICENSEE (AND/OR HAVE SERVICE REFUSED
TO LICENSEE BY ROOM OPERATOR(S)), TEMPORARILY OR PERMANENTLY, AS MANY TIMES AS
DEEMED NECESSARY BY INGENUWARE AND/OR ROOM OPERATOR(S), FOR ANY REASON
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, VIOLATIONS (SUSPECTED OR CONFIRMED)
OF THE FOLLOWING "CODE OF CONDUCT":

CODE OF CONDUCT
a. NO REQUESTING OR GIVING LICENSE KEY(S). ALL LICENSE KEY(S) ARE TO REMAIN
IN THE SOLE POSSESSION OF THEIR RESPECTIVE LICENSEES.
b. NO USING SERVICE FOR SOLICITATION OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO:
i. PRIVATE RALLY ROOM SERVERS NOT CONTROLLED OR OPERATED BY
INGENUWARE.
ii. OTHER PRODUCTS AND/OR SERVICES NOT RELATED TO INGENUWARE PRODUCTS
OR OTHERWISE OWNED AND/OR OPERATED BY INGENUWARE.
c. NO CHEATING OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING
(LICENSEE IS ADVISED THAT CHEATING MAY RESULT IN LICENSEE BEING "BRANDED"
A CHEATER FOR OTHER USERS/LICENSEES TO SEE):
i. USING COMPUTER PROGRAM ASSISTANCE (OTHER THAN THE ASSISTANCE
WITHIN PRODUCT FOR SPECIFIC GAME MATCHES CONFIGURED TO ALLOW IT.)
ii. LEAVING GAME MATCH OR MANIPULATING GAME MATCH IN ORDER TO AVOID
LOSING GAME MATCH.
iii.MANIPULATING PRODUCT IN VIOLATION OF SECTION 3.E. OF THIS
AGREEMENT TO ALTER GAME MATCH RESULTS.
iv. DURING A RATED GAME ONLY, COACHING ANOTHER PLAYER ON WHAT MOVES TO
MAKE, OR WILLINGLY BEING COACHED ON WHAT MOVES TO MAKE, AS
DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S).
d. NO CIRCUMVENTION OF (WORKING AROUND) LANGUAGE FILTERS BY ANY MEANS TO
ALLOW THE COMMUNICATION OF PROFANITY AND/OR OTHER WORDS/PHRASES THAT
IS/ARE DEEMED INAPPROPRIATE BY INGENUWARE AND/OR ROOM OPERATORS. WORDS
THAT, WHEN ENTERED PLAINLY INTO CHAT WITHOUT DISGUISE OF ANY KIND, BECOME
FILTERED (THE WORD IS REPLACED BY ASTERISKS ("*" CHARACTERS)), ARE
AUTOMATICALLY CONSIDERED TO BE DEEMED INAPPROPRIATE, WITH OR WITHOUT
HAVING BEEN PREVIOUSLY STATED AS SUCH BY INGENUWARE AND/OR ROOM
OPERATOR(S).
e. NO INAPPROPRIATE PLAYER NAMES (A.K.A. "NICKS", "NAMES", "USER NAMES",
"SCREEN NAMES", ETC.) OR PLAYER QUOTES (WHICH ARE ABLE TO BE SET AT THE
RALLY ROOMS SELECTION SCREEN), AS DETERMINED BY INGENUWARE AND/OR ROOM
OPERATOR(S).
f. NO FILLING THE CHAT AREA WITH EXCESSIVE AND/OR REPEATED TEXT (A.K.A.
"FLOODING", "SCROLLING", ETC.), THAT MAKES IT DIFFICULT FOR OTHERS TO
COMMUNICATE EFFECTIVELY, AS DETERMINED BY INGENUWARE AND/OR ROOM
OPERATOR(S).
g. NO ABUSIVE BEHAVIOR, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
i. INAPPROPRIATE AND/OR UNSPORTSMANLIKE NAME-CALLING AND/OR OTHER
BEHAVIOR, AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S).
ii. EXCESSIVE USE OF GAME MATCH INVITATIONS, REQUESTS TO JOIN A GAME
MATCH, AND/OR PRIVATE MESSAGES IN ORDER TO ANNOY OTHER USER(S), AS
DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S).
iii.EXCESSIVE USE OF PROFANITY IN ROOMS WHERE LANGUAGE FILTERS ARE NOT
ENFORCED (WHEN SAID FILTERS ARE "USER-DEFINED"), AS DETERMINED BY
INGENUWARE AND/OR ROOM OPERATOR(S).
iv. INAPPROPRIATE INSULTS, JOKES, "SLURS", AND/OR COMMENTS REGARDING
RACE/ETHNICITY, RELIGIOUS BELIEFS, POLITICAL AFFILIATIONS, GENDER,
AND/OR SEXUAL ORIENTATION, AS DETERMINED BY INGENUWARE AND/OR ROOM
OPERATOR(S).
v. THREATENING OTHERS IN ANY WAY, FOR ANY REASON.
vi. HARASSMENT OF ANY KIND.
h. NO PORNOGRAPHY, AND/OR PUBLIC CONVERSATIONS THAT ARE SEXUAL IN NATURE,
AND/OR OTHERWISE INAPPROPRIATE, AS DETERMINED BY INGENUWARE AND/OR ROOM
OPERATOR(S).
i. NO ILLEGAL ACTIVITY, INCLUDING, BUT NOT LIMITED TO:
i. DISTRIBUTION OF, AND/OR GIVING INSTRUCTIONS ON HOW TO OBTAIN, ANY
COPYRIGHTED INFORMATION, COMPUTER SOFTWARE, ENTERTAINMENT MEDIA,
SERIAL NUMBER(S), LICENSE KEY(S), AND/OR OTHER INTELLECTUAL
PROPERTY WHICH LICENSEE IS NOT AUTHORIZED TO DISTRIBUTE.
ii. SOLICITATION AND/OR CORRUPTION OF MINORS, OR COMMUNICATING IN A
WAY THAT LEADS TO THE SAME.
iii.ORGANIZING AND/OR COMMUNICATING CRIMINAL ACTIONS AND/OR PLANS.
j. NO PRETENDING TO BE OTHER KNOWN USERS, ESPECIALLY ROOM OPERATORS OR
INGENUWARE PERSONNEL, OR PEOPLE RELATED TO THE SAME.
k. COMPLIANCE WITH INSTRUCTIONS GIVEN BY INGENUWARE AND/OR ROOM OPERATOR(S)
IS MANDATORY.
l. NO ENCOURAGING, INCITING, OR COERCING OTHERS TO VIOLATE THIS CODE OF CONDUCT,
OR ANY OTHER PART OF THE LICENSE AGREEMENT.
IF LICENSEE IS REFUSED SERVICE BY INGENUWARE AND/OR ROOM OPERATOR(S), LICENSEE
MAY CONTINUE TO HAVE FULL USE OF PRODUCT, INCLUDING THE "RALLY ROOM" FEATURE,
PROVIDED THAT: THEY ONLY USE SAID FEATURE ON A PRIVATE SERVICE OPERATED AND
CONTROLLED BY LICENSEE OR OTHER NON-INGENUWARE ENTITY, LICENSEE'S LICENSE TO
USE PRODUCT HAS NOT EXPIRED OR OTHERWISE BEEN REVOKED, AND THAT A COMPATIBLE
VERSION OF THE COMPUTER SOFTWARE TO CREATE SUCH A SERVICE IS AVAILABLE FROM
INGENUWARE. IF SUCH A REFUSAL OF SERVICE SHOULD OCCUR, AND LICENSEE DOES
CHOOSE TO OPERATE SAID PRIVATE SERVICE, LICENSEE MAY NOT ACQUIRE USERS FOR
THEIR PRIVATE SERVICE FROM THE INGENUWARE PROVIDED SERVICE, AND LICENSEE IS NOT
PERMITTED IN ANY WAY TO INVITE ANY EXISTING USERS OF THE SERVICE PROVIDED BY
INGENUWARE TO LICENSEE'S PRIVATE SERVICE, AS SUCH INVITATION MAY RESULT IN
IMMEDIATE TERMINATION OF LICENSEE'S LICENSE, AT THE SOLE DISCRETION OF
INGENUWARE. LICENSEE ALSO ACKNOWLEDGES THAT OTHER LICENSEE(S) MAY, WITH PRIOR
AUTHORIZATION OBTAINED EXCLUSIVELY FROM INGENUWARE, OFFER OTHER SERVICE(S)
RELATED TO PRODUCT AND/OR SERVICE, AND THAT SUCH LICENSEE(S) MAY, WITH PRIOR
AUTHORIZATION OBTAINED EXCLUSIVELY FROM INGENUWARE, REQUIRE PAYMENT FROM
LICENSEE, IN THE EVENT THAT LICENSEE SHOULD CHOOSE TO OBTAIN SUCH OTHER
SERVICE(S) FROM OTHER LICENSEE(S). LICENSEE AGREES THAT PAYMENT, COLLECTION
AND/OR REIMBURSEMENT OF SUCH PAYMENT(S) FOR OTHER SERVICE(S) RENDERED BY OTHER
LICENSEE(S) SHALL NOT IN ANY WAY BE THE RESPONSIBILITY OF INGENUWARE, BUT SHALL
REMAIN THE EXCLUSIVE RESPONSIBILITY OF LICENSEE AND OTHER LICENSEE(S) WITH WHOM
THE OTHER SERVICES WERE OBTAINED. LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS,
AND COMPLETELY RELEASE FROM LIABILITY, ANY CLAIMS ASSOCIATED WITH OTHER
SERVICE(S) OBTAINED FROM OTHER LICENSEE(S), REGARDLESS IF SUCH CLAIM IS
FINANCIAL OR NOT. LICENSEE ALSO AGREES NOT OFFER OR ATTEMPT TO OFFER, ANY OTHER
SERVICE(S) WITHOUT A PRIOR AND SEPARATE WRITTEN AGREEMENT WITH INGENUWARE THAT
AUTHORIZES LICENSEE TO OFFER SUCH OTHER SERVICE(S).
K. PERSONAL SAFETY: INGENUWARE DOES NOT WARRANT, GUARANTEE, AND/OR MAKE ANY
REPRESENTATION REGARDING THE SAFETY OF LICENSEE, WHETHER TO PERSON, PROPERTY,
INFORMATION, AND/OR HEALTH (MENTAL, EMOTIONAL, AND/OR PHYSICAL), WHILE USING
PRODUCT AND/OR SERVICE. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO TAKE ANY
AND ALL PRECAUTIONS, NECESSARY OR OTHERWISE, TO ENSURE THE SAFETY OF LICENSEE
WHILE USING PRODUCT AND/OR SERVICE. ANY ADDITIONAL EFFORT TO PROTECT THE SAFETY
OF LICENSEE BY INGENUWARE IS AT THE SOLE DISCRETION OF INGENUWARE, AND SHALL
NOT BE CONSIDERED A SUBSTITUTE FOR LICENSEE'S OWN MEASURES OF PROTECTION, AND
SHALL NOT BE CONSIDERED TO CONSTITUTE ANY PARTICULAR LEVEL OF PROTECTION
WHATSOEVER. INGENUWARE ENCOURAGES LICENSEE TO PREVENT THE DISCLOSURE OF
LICENSEE'S PERSONALLY IDENTIFYING INFORMATION TO THIRD PARTIES, INCLUDING NAME,
ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, PLACE OF EMPLOYMENT, IP ADDRESS,
INTERNET ACCOUNT INFORMATION, ETC., AND TO REPORT ALL ABUSIVE BEHAVIOR OBSERVED
TO INGENUWARE AND/OR ROOM OPERATOR(S) AS DEFINED IN SECTION 3.J. OF THIS
AGREEMENT.
L. SITE LICENSES: IF LICENSEE PURCHASES A SITE LICENSE DIRECTLY FROM INGENUWARE OR
AN AUTHORIZED RESELLER, SAID SITE LICENSE SHALL ENTITLE LICENSEE TO INSTALL
PRODUCT AND SITE LICENSE KEY ON ANY NUMBER OF COMPUTERS, PROVIDED THAT SAID
COMPUTERS RESIDE AND SHALL REMAIN AT ONE PHYSICAL SITE/LOCATION. SITE LICENSES
ARE NOT ORGANIZATION-WIDE LICENSES, AND AS SUCH MAY NOT BE USED AT MORE THAN
ONE PHYSICAL SITE/LOCATION. PORTABLE COMPUTERS THAT ARE AT THE PHYSICAL
SITE/LOCATION DO QUALIFY FOR SITE LICENSE USE, PROVIDED THAT THEY ARE NOT TAKEN
OFF LOCATION. REMOVING PORTABLE COMPUTERS FROM THE SITE LOCATION WITH A SITE
LICENSE KEY INSTALLED SHALL RESULT IN LICENSE REVOCATION/TERMINATION.
M. LIABILITY: IN NO EVENT SHALL INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS,
MANAGERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS, AND/OR
ASSOCIATES BE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, AND/OR ANY
OTHER TYPE OF DAMAGES ARISING OUT OF THE USE, MISUSE, PERFORMANCE, DELIVERY,
ACCURACY, AND/OR QUALITY OF PRODUCT AND/OR SERVICE, AND/OR OUT OF THE INABILITY
TO INSTALL PRODUCT AND/OR OTHERWISE USE PRODUCT AND/OR SERVICE, EVEN IF
INGENUWARE HAS BEEN ADVISED OF SUCH DAMAGES, AND/OR OF THE POSSIBILITY OF SUCH
DAMAGES. LICENSEE SHALL INDEMNIFY, HOLD HARMLESS, AND OTHERWISE COMPLETELY
RELEASE FROM ALL LIABILITY, INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS,
MANAGERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS AND
ASSOCIATES. LICENSEE SHALL NOT HAVE NOR MAKE ANY CLAIM OR DEMAND AGAINST
INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, SUB-
CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS AND/OR ASSOCIATES, WHETHER FINANCIAL
OR OTHERWISE. IN NO EVENT SHALL INGENUWARE'S LIABILITY FOR ANY CLAIM, WHETHER
IN CONTRACT, TORT, AND/OR OTHER, EXCEED THE PURCHASE PRICE OF PRODUCT AS PAID
DIRECTLY TO INGENUWARE OR AN AUTHORIZED INGENUWARE RESELLER.
N. INTELLECTUAL PROPERTY: PRODUCT CONTAINS, REFERENCES, AND DISPLAYS COPYRIGHTED
MATERIALS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTIES OF INGENUWARE. IN NO
EVENT SHALL LICENSEE USE COPYRIGHTED MATERIAL AND/OR OTHER INTELLECTUAL
PROPERTIES, INCLUDING TRADEMARKS (REGISTERED OR NOT), FOR ANY PURPOSE OTHER
THAN WHAT IS SPECIFIED IN THIS AGREEMENT. LICENSEE SHALL NOT CREATE SIMILAR
TRADEMARKS AND/OR WORKS THAT MIGHT CAUSE CONFUSION WITH AND/OR OTHERWISE IMPAIR
THE MERCHANTABILITY AND/OR USEFULNESS OF THE TRADEMARKS, COPYRIGHTS, WORKS,
AND/OR OTHER INTELLECTUAL PROPERTIES CONTAINED IN, INCLUDED WITH, DISPLAYED BY,
AND/OR OTHERWISE REVEALED BY PRODUCT.
O. OWNERSHIP: THIS AGREEMENT IS NOT A SALE OR TRANSFER OF OWNERSHIP OF PRODUCT OR
SERVICE. INGENUWARE RETAINS FULL RIGHTS AND OWNERSHIP TO PRODUCT, SERVICE, AND
ALL RELATED INTELLECTUAL PROPERTIES, AS DESCRIBED IN SECTION 3.N. OF THIS
AGREEMENT. ANY MONIES PAID BY LICENSEE FOR THE USE OF PRODUCT ENTITLES LICENSEE
TO USE PRODUCT IN ACCORDANCE WITH THIS AGREEMENT ONLY, AND DOES NOT ENTITLE
LICENSEE TO ANY CLAIMS OF OWNERSHIP OF PRODUCT AND/OR SERVICE, AND/OR TO
OWNERSHIP OF OTHER INTELLECTUAL PROPERTIES AS DESCRIBED IN SECTION 3.N. OF THIS
AGREEMENT.
P. PRIVACY AND LICENSEE IDENTIFICATION: INGENUWARE AGREES NOT TO RELEASE, REVEAL,
OR OTHERWISE MAKE KNOWN, ANY PERSONALLY IDENTIFYING INFORMATION KNOWN TO
INGENUWARE AND BELONGING TO LICENSEE TO THIRD PARTIES WHATSOEVER, WITH THE
EXCEPTION OF RELEASING SUCH INFORMATION TO A COURT(S) OF COMPETENT JURISDICTION
AND/OR TO LAW ENFORCEMENT OFFICIAL(S) AS MAY BE REQUIRED OF INGENUWARE AND/OR
OTHERWISE DEEMED NECESSARY BY INGENUWARE, SAID COURT(S), AND/OR SAID LAW
ENFORCEMENT OFFICIAL(S). LICENSEE GRANTS INGENUWARE THE RIGHT TO COLLECT
PERSONALLY IDENTIFYING INFORMATION AND/OR COMPUTER SYSTEM DETAILS AND/OR
COMPUTER SYSTEM RELATED INFORMATION FROM LICENSEE'S COMPUTER FOR THE PURPOSE OF
ENFORCING THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO THE "TERMS OF SERVICE"
IN SECTION 3.J OF THIS AGREEMENT), REPORTING CRIMINAL ACTIVITY, INVESTIGATING
SUSPECTED VIOLATIONS OF THIS AGREEMENT AND/OR THE LAW, PROVIDING TECHNICAL
SUPPORT TO LICENSEE, GENERATING STATISTICS FOR RESEARCH AND DEVELOPMENT, AND/OR
FOR ANY OTHER REASON AS DEEMED NECESSARY BY INGENUWARE. LICENSEE GRANTS
INGENUWARE THE RIGHT TO OBSERVE AND/OR MAKE A RECORD OF THE PERSONAL
COMMUNICATIONS TO AND FROM LICENSEE WHICH TRANSPIRE DURING THE USE OF SERVICE
FOR THE PURPOSE OF ENFORCING THIS AGREEMENT, REPORTING CRIMINAL ACTIVITY,
SETTLING DISPUTES, INVESTIGATING SUSPECTED VIOLATIONS OF THIS AGREEMENT AND/OR
THE LAW, AND/OR FOR ANY OTHER REASON AS DEEMED NECESSARY BY INGENUWARE.
LICENSEE CONSENTS TO PERSON(S) APPOINTED BY INGENUWARE ("ROOM OPERATORS") TO
ACT ON BEHALF OF INGENUWARE IN THE CAPACITY OF: GOVERNING USE OF SERVICE,
CAUSING AFOREMENTIONED PERSONALLY IDENTIFYING INFORMATION TO BE COLLECTED BY
SERVICE (WITH THE STIPULATION THAT ROOM OPERATOR(S) ARE GENERALLY NOT PERMITTED
TO VIEW SUCH PERONALLY IDENTIFYING INFORMATION), COLLECTING AND/OR VIEWING
COMPUTER SYSTEM DETAILS AND/OR COMPUTER SYSTEM RELATED INFORMATION, OBSERVING
AFOREMENTIONED PERSONAL COMMUNICATIONS, MAKING A RECORD OF AFOREMENTIONED
PERSONAL COMMUNICATIONS, AND/OR ANY OTHER USE OR PURPOSE AS DEEMED USEFUL OR
NECESSARY BY INGENUWARE.
Q. TERMINATION: INGENUWARE RESERVES THE RIGHT TO TERMINATE THIS LICENSE, RENDER
LICENSE KEY(S) NON-FUNCTIONAL, AND/OR TO REFUSE SERVICE TO LICENSEE FOR ANY
REASON WHATSOEVER, WITH OR WITHOUT NOTICE. UPON TERMINATION, THE LICENSEE IS
NO LONGER ENTITLED TO USE PRODUCT OR SERVICE IN ANY WAY, WHETHER OR NOT A
LICENSE KEY HAS BEEN INSTALLED ON LICENSEE'S COMPUTER. INGENUWARE ALSO RESERVES
THE RIGHT TO REVERSE SUCH TERMINATION AT ITS SOLE DISCRETION. UPON SUCH
TERMINATION, LICENSEE IS REQUIRED TO (AND AGREES TO): DESTROY LICENSE KEY(S)
AND/OR OTHER DATA RELATED TO PRODUCT, DESTROY ALL COPIES OF PRODUCT WHICH ARE
UNDER THE CONTROL AND/OR POSSESSION OF LICENSEE, AND SUBMIT AN AFFIDAVIT OF
SUCH DESTRUCTION TO INGENUWARE.
R. REMEDIES FOR VIOLATIONS OF THIS AGREEMENT: INGENUWARE RESERVES THE RIGHT TO
INITIATE CRIMINAL AND/OR CIVIL PROCEEDINGS IN THE EVENT THAT LICENSEE IS IN
VIOLATION OF THIS AGREEMENT, IN PART OR IN WHOLE. IN THE EVENT OF SAID
VIOLATION, INGENUWARE MAY, AT ITS OWN DISCRETION, INVOKE REMEDIES INCLUDING BUT
NOT LIMITED TO: INJUNCTION AND/OR OTHER SETTLEMENT, MONETARY OR OTHERWISE,
INSOFAR AS ALLOWABLE BY LAW. IN THE EVENT THAT LICENSEE VIOLATES THIS AGREEMENT
IN SUCH A MANNER THAT: VIOLATES SECTION 3.E. OF THIS AGREEMENT, RESULTS IN ANY
HARM TO THE OPERATION AND/OR INTEGRITY OF PRODUCT AND/OR SERVICE IN ANY WAY,
AND/OR RESULTS IN THE DISTRIBUTION OF INFORMATION TO OTHER(S) CONCERNING
METHODS OF VIOLATING SECTION 3.E. OF THIS AGREEMENT, THEN LICENSEE AGREES TO
PAY INGENUWARE A SUM NOT LESS THAN ONE HUDRED AND FIFTY THOUSAND UNITED STATES
DOLLARS IN PUNITIVE AND/OR STATUATORY DAMAGES, ADDITIONAL REASONABLE ATTORNEY'S
FEES FOR THE COLLECTION OF SUCH DAMAGES, AND SHALL REMAIN LIABLE FOR OTHER
CRIMINAL AND/OR CIVIL PENALTIES INSOFAR AS ALLOWABLE BY LAW.
S. GOVERNANCE: ANY AND ALL DISPUTES AND/OR PROCEEDINGS RELATED TO PRODUCT AND/OR
SERVICE, BETWEEN LICENSEE AND INGENUWARE, SHALL BE GOVERNED BY AND SUBJECT TO
THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA,
AND ALL JUDGMENTS SHALL BE GIVEN BY A COURT OF COMPETENT JURISDICTION WITHIN
THE COMMONWEALTH OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA, UNLESS
OTHERWISE AGREED TO IN A SEPARATE AGREEMENT BETWEEN LICENSEE AND INGENUWARE.
(LICENSEE CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL
AND/OR STATE COURT SYSTEM WITHIN THE COMMONWEALTH OF PENNSYLVANIA, UNITED
STATES OF AMERICA.)
T. RESTRICTIONS ON LOCALE: IF LICENSEE RESIDES, WORKS, HOLDS CITIZENSHIP OR
ALLEGIANCE IN AND/OR TO A COUNTRY THAT IS BANNED FROM TRADE WITH THE UNITED
STATES OF AMERICA, OR IS OTHERWISE BEING PREVENTED FROM EXECUTING NORMAL
COMMERCIAL ACTIVITY WITH THE UNITED STATES OF AMERICA, THEN LICENSEE MAY NOT
UNDER ANY CIRCUMSTANCES INSTALL, PURCHASE LICENSING TO, OR OTHERWISE USE
PRODUCT OR SERVICE. IF LICENSEE CHANGES RESIDENCE, WORK LOCATION, CITIZENSHIP,
OR ALLEGIANCE IN AND/OR TO A COUNTRY AS DESCRIBED ABOVE, THIS AGREEMENT IS
AUTOMATICALLY TERMINATED, AND LICENSEE IS INSTRUCTED TO RETURN PRODUCT TO
INGENUWARE, DESTROY ALL COPIES OF PRODUCT WHICH ARE NOT RETURNED, DESTROY ALL
LICENSE KEY(S), DATA AND INFORMATION RELATED TO PRODUCT AND/OR SERVICE, AND NOT
TO INSTALL, PURCHASE LICENSING TO, OR OTHERWISE USE PRODUCT OR SERVICE IN ANY
WAY. LICENSEE IS SOLELY RESPONSIBLE FOR ADHERING TO THE AFOREMENTIONED
RESTRICTIONS.
U. SEVERABILITY: SHOULD ANY PART(S) OF THIS AGREEMENT BE FOUND TO BE
UNENFORCEABLE, ALL REMAINING PART(S) OF THIS AGREEMENT SHALL SURVIVE AND REMAIN
IN FULL EFFECT.
V. SECTION HEADINGS: SECTION HEADINGS IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY
AND ARE NOT A PART OF THIS AGREEMENT, AND SHALL NOT BE USED TO INTERPRET THIS
AGREEMENT, NOR ANY PART(S) THEREOF.

4. COPYRIGHT NOTICE:

PRODUCT is Copyright (C) 1997-2010 by Ingenuware, Ltd. All Rights Reserved. All
duplication that does not comply with this license agreement is strictly
prohibited.

5. TRADEMARK NOTICE:

Ingenuware(tm) and ChessRally(tm) are Trademarks of Ingenuware, Ltd.