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END USER LICENSE AGREEMENT (“AGREEMENT”)
IMPORTANT, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING CHESSIA, (THE “GAME SOFTWARE”).
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
Your use of the Game Software is also subject to the terms and conditions set forth in the STEAM™ SUBSCRIBER AGREEMENT and/or any other terms set forth by VALVE CORPORATION in relation to the steam service.
If you agree to the terms set forth in this agreement, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
If you do not agree to the terms set forth in this agreement, select “I DO NOT ACCEPT” and Chessia Developers Team (Hakki Ozturk, Halil Ibrahim Ozturk) shall not grant you the License (defined below) to the Game Software.
LIMITED USE LICENSE
Chessia Developers Team grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software (Includes the software included, either integrated into the Game Software or distributed together with Game Software, in this video game, the associated media, any online or electronic documentation, and any and all copies of such software and materials) on one (1) computer hard drive at any given time solely for your personal use. All rights not specifically granted under this License are hereby reserved by Chessia Developers Team and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Chessia Developers Team or its licensors.
LICENSE CONDITIONS AND RESTRICTIONS REGARDING GAME SOFTWARE
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT,
(1) without written permission from Chessia Developers Team, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (internet) café, computer gaming center or any other location-based site, or
(2) without a separate, additional license from Chessia Developers Team, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time, or
(3) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Chessia Developers Team in writing, or
(4) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only, or
(5) sell, rent, lease, license, distribute, upload to any internet server or website, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of Chessia Developers Team. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer, or
(6) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Chessia Developers Team and/or its licensors on creation, in any event), or
(7) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software, or
(8) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software, or
(9) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations, or
(10) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
LICENSE CONDITIONS AND RESTRICTIONS AND LIMITED WARRANTY REGARDING STOCKFISH 8
This license shall give you only the right to use Stockfish 8 through a running instance of Game Software. You SHALL NOT
(1) execute, and/or read files related to Stockfish 8 except reading Stockfish License File (The text file named “Copying.txt”, which contains Stockfish 8’s License), or
(2) copy, or move Stockfish 8’s files except together with Game Software, inside the Game Software’s folder, as a means of backup, or
(3) upload files related to Stockfish 8 to a public server or a public website.
This License only gives you a very limited access regarding Stockfish 8. If you want to further extend your rights and freedom regarding Stockfish 8 Materials (Source code, code, materials, information related to Stockfish inside the respective Stockfish 8 folder), you need to read and accept Stockfish 8’s License (can be found inside the text file named “Copying.txt” located inside Stockfish 8’s respective folder). Stockfish 8’s License can only give you rights limited to Stockfish 8 Materials and not anything related to Game Software.
GAME SOFTWARE DISTRIBUTES (MEANING IT IS NOT MERGED AND/OR COMBINED AND ONLY AS A SEPARATE ENTITY INSIDE ITS RESPECTIVE FOLDER) STOCKFISH 8 AS ITS DEFAULT CHESS ENGINE IN AN “AS IS”, AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND.
DISCLAIMERS AND LIMITATION OF LIABILITY REGARDING EPIC MATERIALS
GAME SOFTWARE INCLUDES THE UNREAL® ENGINE CODE AND OTHER CODE, MATERIALS, AND INFORMATION (THE “EPIC MATERIALS”) FROM EPIC GAMES, INC. (“EPIC”). ALL EPIC MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. CHESSIA DEVELOPERS TEAM, EPIC, AND EPIC’S AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE EPIC MATERIALS, INCLUDING WITHOUT LIMITATION ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, SUCH AS TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EPIC KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), SYSTEM INTEGRATION, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND LACK OF VIRUSES, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHESSIA DEVELOPERS TEAM, EPIC, AND EPIC’S AFFILIATES MAKE NO WARRANTY THAT
(1) ANY OF THE EPIC MATERIALS WILL OPERATE PROPERLY, INCLUDING AS INTEGRATED IN THE GAME SOFTWARE, OR
(2) THAT THE EPIC MATERIALS WILL MEET YOUR REQUIREMENTS, OR
(3) THAT THE OPERATION OF THE EPIC MATERIALS WILL BE INTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, OR
(4) THAT ANY DEFECTS IN THE EPIC MATERIALS CAN OR WILL BE CORRECTED, OR
(5) THAT THE EPIC MATERIALS ARE OR WILL BE IN COMPLIANCE WITH A PLATFORM MANUFACTURER’S RULES OR REQUIREMENTS, OR
(6) THAT A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE THIS GAME SOFTWARE, OR WILL NOT REVOKE APPROVAL OF THIS GAME SOFTWARE FOR ANY OR NO REASON.
ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED BY CHESSIA DEVELOPERS TEAM AND EPIC. CHESSIA DEVELOPERS TEAM, EPIC, AND EPIC’S AFFILIATES DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, OR SECURE OPERATION OF OR ACCESS TO THE EPIC MATERIALS. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CHESSIA DEVELOPERS TEAM, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF CHESSIA DEVELOPERS TEAM OR EPIC’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE EPIC MATERIALS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES). IN NO EVENT WILL CHESSIA DEVELOPERS TEAM, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF CHESSIA DEVELOPERS TEAM’S OR EPIC’S SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR EPIC MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE EPIC MATERIALS, EVEN IN THE EVENT OF CHESSIA DEVELOPERS TEAM, EPIC’S, OR EPIC’S AFFILIATES FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY INDEMNITY, PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF CHESSIA DEVELOPERS TEAM, EPIC OR EPIC’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CHESSIA DEVELOPERS TEAM, EPIC, EPIC’S LICENSORS, ITS OR THEIR AFFILIATES, AND ANY OF CHESSIA DEVELOPERS TEAM OR EPIC’S SERVICE PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
LIMITED WARRANTY
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY CHESSIA DEVELOPERS TEAM OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.”
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, LIMITED OR IMPLIED WARRANTIES, AND IN SUCH STATES AND JURISDICTIONS, CHESSIA DEVELOPERS TEAM’S AND ITS LICENSORS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE OR FROM JURISDICTION-TO-JURISDICTION.
IN NO EVENT SHALL CHESSIA DEVELOPERS TEAM OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION , USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER, OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF CHESSIA DEVELOPERS TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL CHESSIA DEVELOPERS TEAM OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. CHESSIA DEVELOPERS TEAM’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS IF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of Chessia Developers Team, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections are entitled “Ownership”, “License Conditions and Restrictions”, “Limitations on Damages”, “Term and Termination”, “Injunction”, “Indemnity”, “Choice of Law and Jurisdiction”, and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because Chessia Developers Team would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Chessia Developers Team shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless Chessia Developers Team, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
AMENDMENTS
Chessia Developers Team reserves the right to amend this Agreement at any time, at its sole discretion, but will communicate such changes through Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Chessia Developers Team concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Chessia Developers Team (whether negligently or innocently made but excluding those made fraudulently) regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact Chessia Developers Team via email (chessiathegame <at> gmail.com).
IMPORTANT, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING CHESSIA, (THE “GAME SOFTWARE”).
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
Your use of the Game Software is also subject to the terms and conditions set forth in the STEAM™ SUBSCRIBER AGREEMENT and/or any other terms set forth by VALVE CORPORATION in relation to the steam service.
If you agree to the terms set forth in this agreement, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
If you do not agree to the terms set forth in this agreement, select “I DO NOT ACCEPT” and Chessia Developers Team (Hakki Ozturk, Halil Ibrahim Ozturk) shall not grant you the License (defined below) to the Game Software.
LIMITED USE LICENSE
Chessia Developers Team grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software (Includes the software included, either integrated into the Game Software or distributed together with Game Software, in this video game, the associated media, any online or electronic documentation, and any and all copies of such software and materials) on one (1) computer hard drive at any given time solely for your personal use. All rights not specifically granted under this License are hereby reserved by Chessia Developers Team and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Chessia Developers Team or its licensors.
LICENSE CONDITIONS AND RESTRICTIONS REGARDING GAME SOFTWARE
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT,
(1) without written permission from Chessia Developers Team, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (internet) café, computer gaming center or any other location-based site, or
(2) without a separate, additional license from Chessia Developers Team, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time, or
(3) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Chessia Developers Team in writing, or
(4) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only, or
(5) sell, rent, lease, license, distribute, upload to any internet server or website, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of Chessia Developers Team. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer, or
(6) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Chessia Developers Team and/or its licensors on creation, in any event), or
(7) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software, or
(8) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software, or
(9) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations, or
(10) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
LICENSE CONDITIONS AND RESTRICTIONS AND LIMITED WARRANTY REGARDING STOCKFISH 8
This license shall give you only the right to use Stockfish 8 through a running instance of Game Software. You SHALL NOT
(1) execute, and/or read files related to Stockfish 8 except reading Stockfish License File (The text file named “Copying.txt”, which contains Stockfish 8’s License), or
(2) copy, or move Stockfish 8’s files except together with Game Software, inside the Game Software’s folder, as a means of backup, or
(3) upload files related to Stockfish 8 to a public server or a public website.
This License only gives you a very limited access regarding Stockfish 8. If you want to further extend your rights and freedom regarding Stockfish 8 Materials (Source code, code, materials, information related to Stockfish inside the respective Stockfish 8 folder), you need to read and accept Stockfish 8’s License (can be found inside the text file named “Copying.txt” located inside Stockfish 8’s respective folder). Stockfish 8’s License can only give you rights limited to Stockfish 8 Materials and not anything related to Game Software.
GAME SOFTWARE DISTRIBUTES (MEANING IT IS NOT MERGED AND/OR COMBINED AND ONLY AS A SEPARATE ENTITY INSIDE ITS RESPECTIVE FOLDER) STOCKFISH 8 AS ITS DEFAULT CHESS ENGINE IN AN “AS IS”, AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND.
DISCLAIMERS AND LIMITATION OF LIABILITY REGARDING EPIC MATERIALS
GAME SOFTWARE INCLUDES THE UNREAL® ENGINE CODE AND OTHER CODE, MATERIALS, AND INFORMATION (THE “EPIC MATERIALS”) FROM EPIC GAMES, INC. (“EPIC”). ALL EPIC MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. CHESSIA DEVELOPERS TEAM, EPIC, AND EPIC’S AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE EPIC MATERIALS, INCLUDING WITHOUT LIMITATION ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, SUCH AS TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EPIC KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), SYSTEM INTEGRATION, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND LACK OF VIRUSES, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHESSIA DEVELOPERS TEAM, EPIC, AND EPIC’S AFFILIATES MAKE NO WARRANTY THAT
(1) ANY OF THE EPIC MATERIALS WILL OPERATE PROPERLY, INCLUDING AS INTEGRATED IN THE GAME SOFTWARE, OR
(2) THAT THE EPIC MATERIALS WILL MEET YOUR REQUIREMENTS, OR
(3) THAT THE OPERATION OF THE EPIC MATERIALS WILL BE INTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, OR
(4) THAT ANY DEFECTS IN THE EPIC MATERIALS CAN OR WILL BE CORRECTED, OR
(5) THAT THE EPIC MATERIALS ARE OR WILL BE IN COMPLIANCE WITH A PLATFORM MANUFACTURER’S RULES OR REQUIREMENTS, OR
(6) THAT A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE THIS GAME SOFTWARE, OR WILL NOT REVOKE APPROVAL OF THIS GAME SOFTWARE FOR ANY OR NO REASON.
ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED BY CHESSIA DEVELOPERS TEAM AND EPIC. CHESSIA DEVELOPERS TEAM, EPIC, AND EPIC’S AFFILIATES DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, OR SECURE OPERATION OF OR ACCESS TO THE EPIC MATERIALS. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CHESSIA DEVELOPERS TEAM, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF CHESSIA DEVELOPERS TEAM OR EPIC’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE EPIC MATERIALS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES). IN NO EVENT WILL CHESSIA DEVELOPERS TEAM, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF CHESSIA DEVELOPERS TEAM’S OR EPIC’S SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR EPIC MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE EPIC MATERIALS, EVEN IN THE EVENT OF CHESSIA DEVELOPERS TEAM, EPIC’S, OR EPIC’S AFFILIATES FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY INDEMNITY, PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF CHESSIA DEVELOPERS TEAM, EPIC OR EPIC’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CHESSIA DEVELOPERS TEAM, EPIC, EPIC’S LICENSORS, ITS OR THEIR AFFILIATES, AND ANY OF CHESSIA DEVELOPERS TEAM OR EPIC’S SERVICE PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
LIMITED WARRANTY
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY CHESSIA DEVELOPERS TEAM OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.”
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, LIMITED OR IMPLIED WARRANTIES, AND IN SUCH STATES AND JURISDICTIONS, CHESSIA DEVELOPERS TEAM’S AND ITS LICENSORS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE OR FROM JURISDICTION-TO-JURISDICTION.
IN NO EVENT SHALL CHESSIA DEVELOPERS TEAM OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION , USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER, OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF CHESSIA DEVELOPERS TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL CHESSIA DEVELOPERS TEAM OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. CHESSIA DEVELOPERS TEAM’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS IF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of Chessia Developers Team, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections are entitled “Ownership”, “License Conditions and Restrictions”, “Limitations on Damages”, “Term and Termination”, “Injunction”, “Indemnity”, “Choice of Law and Jurisdiction”, and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because Chessia Developers Team would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Chessia Developers Team shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless Chessia Developers Team, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
AMENDMENTS
Chessia Developers Team reserves the right to amend this Agreement at any time, at its sole discretion, but will communicate such changes through Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Chessia Developers Team concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Chessia Developers Team (whether negligently or innocently made but excluding those made fraudulently) regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact Chessia Developers Team via email (chessiathegame <at> gmail.com).