This license applies to the evaluation version of CHESSeCLOCK. For CHESSeCLOCK usage with a valid registration code, see the section titled Registered License.

CHESSeCLOCK® License Evaluation Version

Your Agreement to this License

The 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").

Please read the license terms below. If you do not agree to all of the terms of this License, then do not download, install or use CHESSeCLOCK.

Scope of License

This 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 laws.

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.

Unless 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.

All 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.

Warranty Disclaimers and Liability Limitations

CHESSeCLOCK 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.

Except 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.

In 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.

General

This 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.

There are no third-party beneficiaries of any promises, obligations, or representations made by CebirX herein.

Any 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.

You 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.

If 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.