Evaluation Version License
license applies to the evaluation version of CHESSeCLOCK.
usage with a valid registration code, see the section titled Registered
CHESSeCLOCK® License Evaluation Version
Agreement to this License
license granted below only applies to the executable code
for the English-language version of the CHESSeCLOCK software
and its accompanying files, data and materials ("CHESSeCLOCK").
You should carefully read the following terms and conditions
before using, installing, copying, or distributing CHESSeCLOCK.
By using, installing, or copying, CHESSeCLOCK you agree to
the terms of this agreement ("License").
read the license terms below. If you do not agree to all of
the terms of this License, then do not download, install or
is not free software. Subject to the terms below, you are
hereby licensed by CebirX ("CebirX Software Inc. and
its affiliates") to use one copy of CHESSeCLOCK, on one
(1) computer or workstation, for evaluation purposes without
charge for a period of 5 software launches. If you use this
software after the 5-launch evaluation period, a license fee
is required to be paid to CebirX. Refer to www.chesseclock.com
purchase page for information about pricing, multi-user licensing
and ordering options. Use of CHESSeCLOCK after the 5-launch
evaluation period without payment of the license fee is a
breach of this License and a violation of international copyright
Setup wizard created by CHESSeCLOCK contain, among other things,
a portion of CHESSeCLOCK, including copyrighted software,
proprietary notices, and identifying information (this portion
is the "Software"). You may not alter or modify
the Software, nor give anyone permission to do so.
you have prior written authorization from CebirX, you are
not authorized to distribute CHESSeCLOCK to others. Please
refer anyone interested in receiving a copy of CHESSeCLOCK
to the CebirX powered website (www.chesseclock.com) for the
most recent available version.
rights of any kind in CHESSeCLOCK that are not expressly
granted in this License are entirely and exclusively
reserved to and by CebirX. You may use CHESSeCLOCK
solely as expressly provided in this License. CHESSeCLOCK
is protected by the International copyright laws and
treaties. You may not rent, lease, loan, assign, sublicense,
modify, translate, reverse engineer, decompile, disassemble,
or create derivative works based on, CHESSeCLOCK, in
whole or in part, nor permit anyone else to do so. You
may not make access to CHESSeCLOCK available to others
in connection with a service bureau, application service
provider, or similar business, nor permit anyone else
to do so. The license granted hereunder includes no
rights in or to the source code version of CHESSeCLOCK.
Disclaimers and Liability Limitations
software, files, data, and materials, are distributed and
provided "as is" and with no warranties of any kind,
whether express or implied, including, without limitation,
any warranty of merchantability or fitness for a particular
purpose. CebirX does not warrant, guarantee, or make any representations
regarding the use of, or the results of the use of, CHESSeCLOCK
and the operation of CHESSeCLOCK will be uninterrupted or
error-free. You acknowledge that good data processing procedure
dictates that any program, including CHESSeCLOCK, must be
thoroughly tested with non-critical data before there is any
reliance on it, and you hereby assume the entire risk of all
use of the copies of CHESSeCLOCK covered by this License.
This disclaimer of warranty constitutes an essential part
of this License.
to the extent expressly prohibited by applicable statutes,
CebirX shall not be liable for any damage or financial loss
arising out of the use of, or inability to use, CHESSeCLOCK.
Except to the extent expressly prohibited by applicable statutes,
in no event shall CebirX, or its principals, shareholders,
officers, employees, affiliates, licensors, contractors, subsidiaries,
or parent organizations, be liable for any indirect, incidental,
consequential, special, or punitive damages whatsoever relating
to the use of CHESSeCLOCK, or to your relationship with CebirX
(including, without limitation, loss or disclosure of data
or information, loss of profit, revenue, business opportunity
or business advantage, or business interruption), whether
based upon a claim or action of contract, warranty, negligence,
strict liability, contribution, indemnity, or any other legal
theory or cause of action, even if advised of the possibility
of such damages.
addition, in no event does CebirX authorize you or anyone
else to use CHESSeCLOCK in applications or systems where CHESSeCLOCK's
failure to perform can reasonably be expected to result in
a significant physical injury, or in loss of property, or
in loss of life. Any such use is entirely at your own risk,
and you agree to hold CebirX harmless from any and all claims
or losses relating to such unauthorized use.
License is the complete statement of the agreement between
the parties on the subject matter, and merges and supersedes
all other or prior understandings, purchase orders,
agreements, and arrangements.
are no third-party beneficiaries of any promises, obligations,
or representations made by CebirX herein.
waiver by CebirX of any violation of this License
by you shall not constitute, nor contribute to, a waiver
by CebirX of any other or future violation
by you of the same provision, or any other provision,
of this License.
acknowledge and agree that monetary damages alone would not
be an adequate remedy in the event of a material breach by
you of your obligations or agreements under this License and
that, in such event, only CebirX shall be entitled to injunctive
relief to require you to comply with its obligations hereunder.
Any remedy available under this License shall be cumulative
and not exclusive of any other remedy available CebirX under
this License, at law or in equity.
any part of this License or the application thereof to any
person or circumstance is for any reason held invalid or unenforceable,
it shall be deemed severable, and the validity of the remainder
of this License, or the applications of such provision to
other persons or circumstances, shall not be affected thereby.