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Get & buy ChessRally 2.6.925

Play chess with new and old friends ...

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ChessRally categories

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

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.