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LICENCE AGREEMENT & LIMITED WARRANTY
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement (“EULA”) is a legal agreement between you and TopWare Interactive ACE eK (“TopWare” or “we”) for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you (“Software Product”).
Copyright and other intellectual property laws and treaties protect this Software Product.
The Software Product is licensed, not sold.
We are only prepared to licence you to use the software product on the terms of this EULA. Please read through the following licence conditions. If you agree to be bound by them, please click “I accept” during the installation program at which point the software product will be loaded onto your computer. If you do not agree to be bound by the terms of this EULA click “Do not accept” and the software product will not be loaded onto your computer. If you do not accept the terms of this Eula, please return the disk unused together with its packaging and documentation to the point of purchase for a refund of the purchase price for the software product. The supplier reserves the right, without prejudice to your statutory rights which are not affected, to withhold some or all of the refund if such disk, packaging or documentation has been damaged in any way.
1. COPYRIGHT
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.
2. GRANT OF LICENSE
The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software in the manner described in the user documentation. The Company reserves all rights not expressly granted to you in this EULA.
Permitted uses
(a) load the Software Product into and use it on a single computer which is under your control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time;
(c) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to TopWare and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
Restrictions
(a) You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
(b) You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
(c) You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User
Variation section of this Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
(d) You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
(e) You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it's destroyed or becomes defective.
3. TECHNICAL SUPPORT
If you require technical assistance, please refer to the manual accompanying the Software Product or our web site at www.topware.com or at www.battlevschess.com
4. EDITOR AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an "Editor"), you may use such Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively the "Variations"), subject to the following restrictions. Your Variations: (i) must only work with the full, registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libellous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing service.
5. TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
6. OWNERSHIP
You only own the media on which the Software Product is recorded. TopWare and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
7. LIMITED WARRANTY AND EXCLUSIONS
7.1 Limited Warranty. TopWare warrants to the original purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase.
The entire liability of TopWare under this limited warranty will be, at TopWare’ sole option, either (a) to return of the purchase price paid; or (b) to repair or to replace free of charge the Software Product that does not meet this limited warranty provided you return it in its original condition to the point of purchase with a copy of your receipt.
7.2 The limited warranty in paragraph 7.1 above is void if failure of the Software Product has resulted from accident, abuse or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7.3 The limited warranty in this paragraph 6 does not affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
7.4 Subject to the limited warranty above, this Software Product is provided “as is” and without warranty of any kind. To the maximum extent permitted by applicable law, TopWare and its licensors disclaims all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties and/or conditions of merchantability and fitness for a particular purpose, with regard to the Software Product and each and every part thereof. Without prejudice to the generality of the foregoing, TopWare does not warrant that the Software Product is error-free.
7.5 In addition, to the maximum extent permitted by applicable law:
(a) in no event shall TopWare or its licensors be liable for any damages whatsoever (including, but not limited to, direct, indirect, or consequential damages for personal injury, loss of profits, business interruption, loss of information, or any pecuniary loss) arising out of the use of or inability to use this Software Product, even if TopWare has been advised of the possibility of such damages.
(b) in any case, the maximum aggregate liability of TopWare and its licensors under or in relation to this EULA or the use or attempted use of this Software Product shall be limited to the amount actually paid by you for the Software Product.
7.6 Nothing in this EULA shall limit TopWare’s liability to you in negligence for death or personal injury.
8. GOVERNING LAW
This EULA is governed by the laws of the European Community and the Federal Republic of Germany, exclusive of its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this EULA is the Federal Republic of Germany and you agree to submit to the Jurisdiction of the courts of the Federal Republic of Germany for any such litigation.
9. MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA. This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement (“EULA”) is a legal agreement between you and TopWare Interactive ACE eK (“TopWare” or “we”) for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you (“Software Product”).
Copyright and other intellectual property laws and treaties protect this Software Product.
The Software Product is licensed, not sold.
We are only prepared to licence you to use the software product on the terms of this EULA. Please read through the following licence conditions. If you agree to be bound by them, please click “I accept” during the installation program at which point the software product will be loaded onto your computer. If you do not agree to be bound by the terms of this EULA click “Do not accept” and the software product will not be loaded onto your computer. If you do not accept the terms of this Eula, please return the disk unused together with its packaging and documentation to the point of purchase for a refund of the purchase price for the software product. The supplier reserves the right, without prejudice to your statutory rights which are not affected, to withhold some or all of the refund if such disk, packaging or documentation has been damaged in any way.
1. COPYRIGHT
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.
2. GRANT OF LICENSE
The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software in the manner described in the user documentation. The Company reserves all rights not expressly granted to you in this EULA.
Permitted uses
(a) load the Software Product into and use it on a single computer which is under your control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time;
(c) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to TopWare and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
Restrictions
(a) You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
(b) You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
(c) You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User
Variation section of this Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
(d) You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
(e) You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it's destroyed or becomes defective.
3. TECHNICAL SUPPORT
If you require technical assistance, please refer to the manual accompanying the Software Product or our web site at www.topware.com or at www.battlevschess.com
4. EDITOR AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an "Editor"), you may use such Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively the "Variations"), subject to the following restrictions. Your Variations: (i) must only work with the full, registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libellous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing service.
5. TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
6. OWNERSHIP
You only own the media on which the Software Product is recorded. TopWare and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
7. LIMITED WARRANTY AND EXCLUSIONS
7.1 Limited Warranty. TopWare warrants to the original purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase.
The entire liability of TopWare under this limited warranty will be, at TopWare’ sole option, either (a) to return of the purchase price paid; or (b) to repair or to replace free of charge the Software Product that does not meet this limited warranty provided you return it in its original condition to the point of purchase with a copy of your receipt.
7.2 The limited warranty in paragraph 7.1 above is void if failure of the Software Product has resulted from accident, abuse or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7.3 The limited warranty in this paragraph 6 does not affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
7.4 Subject to the limited warranty above, this Software Product is provided “as is” and without warranty of any kind. To the maximum extent permitted by applicable law, TopWare and its licensors disclaims all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties and/or conditions of merchantability and fitness for a particular purpose, with regard to the Software Product and each and every part thereof. Without prejudice to the generality of the foregoing, TopWare does not warrant that the Software Product is error-free.
7.5 In addition, to the maximum extent permitted by applicable law:
(a) in no event shall TopWare or its licensors be liable for any damages whatsoever (including, but not limited to, direct, indirect, or consequential damages for personal injury, loss of profits, business interruption, loss of information, or any pecuniary loss) arising out of the use of or inability to use this Software Product, even if TopWare has been advised of the possibility of such damages.
(b) in any case, the maximum aggregate liability of TopWare and its licensors under or in relation to this EULA or the use or attempted use of this Software Product shall be limited to the amount actually paid by you for the Software Product.
7.6 Nothing in this EULA shall limit TopWare’s liability to you in negligence for death or personal injury.
8. GOVERNING LAW
This EULA is governed by the laws of the European Community and the Federal Republic of Germany, exclusive of its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this EULA is the Federal Republic of Germany and you agree to submit to the Jurisdiction of the courts of the Federal Republic of Germany for any such litigation.
9. MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA. This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.