End User License Agreement
Swiss Master Windows 5 End User License Agreement
Definitions
Intellectual Property Rights
The source code of the original version (Swiss Master up to and including 4.9, DOS) of the software is developed and owned by PETUNIA SOFTWARE B.V.
The extra source code of this version (Swiss Master 5, WINDOWS) of the software is developed and owned by MSD SOFTWARE B.V.
Sales and Distribution Rights
“KNSB” means Royal Dutch Chess Federation. The KNSB is the publisher of Swiss Master 5. All sales and Distribution Rights are owned by the KNSB.
KNSB END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND KNSB. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
License Grants
You may install and use the Software on a single desktop computer that has a Windows PC operating system (including desktop PC versions of Windows 95, 98, 2000, NT, ME and XP (Home and Professional). A license for the Software may not be shared, installed or used concurrently on different computers.
You agree that KNSB may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse KNSB for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
Your license rights under this EULA are non-exclusive.
Certain rights are not granted under this Agreement, but may be available under a separate agreement.
License Restrictions
You may only make copies of the Software for personal use.
You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
You may not sell, rent, lease, or sublicense the Software.
You may not modify the Software or create derivative works based upon the Software.
In the event that you fail to comply with this EULA, KNSB may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
Ownership
The foregoing license gives you limited license to use the Software. KNSB and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by KNSB and its suppliers.
KNSB PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE EVALUATION VERSION ARE PROVIDED “AS IS.”
For the registered version, KNSB warrants that the physical media will be free from defects in materials and workmanship under normal use for 90 days from the date of delivery to you. KNSB also warrants that the registerd version will be free from significant defects that prevent the software from performing substantially in the manner described in the Help-files for a period of 90 days from the date of delivery to you. At KNSB’s option and provided that any non-compliance with the above warranty is reported in writing to KNSB no more than ninety (90) days following delivery to you, KNSB will (i) replace defective media or documentation, as the case may be, (ii) use reasonable efforts to correct significant defects in the software without charge, or (iii) refund the license fee paid to KNSB for the applicable copy of the software in exchange for termination of all licenses granted to you for such copy.
Any replacement software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
LIMITATION OF LIABILITY
NEITHER KNSB NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF KNSB OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
KNSB’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between KNSB and you. KNSB would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of KNSB’s licensors.
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge, although not all functions can be applied. If you want to benefit fully of this software a registration fee is required. Payments must be in EURO and should be sent to:
Koninklijke Nederlandse Schaakbond
Include the following information:
Program Name: Swiss Master for Windows
Name user (or name Chess Club)
When payment notification is received you will be sent the registration key.
Unregistered use of Swiss Master 5 is in violation of international copyright laws.
Copyright © 2004 by KNSB
Updates
You are entitled to free updates of Swiss Master 5.0 up to 6.0. These updates can be downloaded from the webside of the Royal Dutch Chess Federation.
