SOFTWARE
LICENSE AGREEMENT This Software License Agreement ("Agreement") is
made and effective from the point of installation by and between
phpChess Limited ("Developer") and The User(s) ("Licensee").
Developer has developed and licenses to users its software program
marketed under the name phpChess (the "Software"). Licensee desires
to utilize a copy of the Software. NOW, THEREFORE, in consideration
of the mutual promises set forth herein, Developer and Licensee
agree as follows:
1. License.
========
Developer hereby grants to Licensee a perpetual, non-exclusive,
limited license to use the Software as set forth in this Agreement.
2. Restrictions.
===========
Licensee shall not modify, copy, duplicate, reproduce, license or
sublicense the Software, or transfer or convey the Software or any
right in the Software to anyone else without the prior written
consent of Developer. The Software will remain the sole property of
Developer.
3. Warranty of Title.
===============
Developer hereby represents and warrants to Licensee that Developer
is the owner of the Software or otherwise has the right to grant to
Licensee the rights set forth in this Agreement. In the event any
breach or threatened breach of the foregoing representation and
warranty, Licensee's sole remedy shall be to require Developer to
either:
i) procure, at Developer's expense, the right to use the Software,
or
ii) replace the Software or any part thereof that is in breach and
replace it with Software of comparable functionality that does not
cause any breach, or
iii) refund licence cost paid by Licensee to Developer, and thereby
revoke Licensee's right to utilize the Software
4. Warranty of Functionality.
=====================
Developer expressly excludes any warranty, guarantee or otherwise
interpreted warranty. The Software is not guaranteed to be fit for
any purpose other than the product offers as part of its deployment.
Any damage (incidental or other) of property, personage or other is
limited to the software licence value.
5. Limitation of Liability.
=================
Developer shall not be responsible for, and shall not pay, any
amount of incidental, consequential or other indirect damages,
whether based on lost revenue or otherwise, regardless of whether
Developer was advised of the possibility of such losses in advance.
In no event shall Developer's liability hereunder exceed the amount
of license fees paid by Licensee, regardless of whether Licensee's
claim is based on contract, tort, strict liability, product
liability or otherwise.
6. Governing Law.
=============
This Agreement shall be construed and enforced in accordance with
the laws of the United Kingdom.
7. No Assignment.
=============
Neither this Agreement nor any interest in this Agreement may be
assigned by Licencee without the prior express written approval of
Developer.
8. Severability.
===========
If any term of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, then this Agreement,
including all of the remaining terms, will remain in full force and
effect as if such invalid or unenforceable term had never been
included.
9. Headings.
=========
Headings used in this Agreement are provided for convenience only
and shall not be used to construe meaning or intent.
10. Final Agreement.
===============
This Agreement terminates and supersedes all prior understandings or
agreements on the subject matter hereof. This Agreement may be
modified only by Developer without prior notification. All Licence
changes will be made public on http://www.phpChess.com.
11. Termination of Agreement.
======================
This Agreement terminates with the end of trading of Developer, and
all rights granted within this document revert back to Developer. It
is the duty of the Licensee to inform himself/herself of the current
trading status of Developer.
12. Terms of use:
=============
Licensee agrees to ensure that the software is registered with
Developer within a reasonable period of time, but in no less than 30
days of acquiring the software. It is the duty of the licencee to
ensure that the software is properly licensed by programmer prior to
the end of the 30 day deadline.
13. Validity:
=========
The licensing agreement between Developer and licensee becomes
active at the point of purchase or download (whichever is earlier).
No refunds will be granted by Developer under any circumstance.
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For further information or clarification of the terms of use, please
contact phpchess at http://www.phpChess.com.
Alternatively mail phpchess at support@phpChess.com