By installing or using the product SparkChess® (the "Software"), created by Armand Niculescu (the "Author") and published by Media Division SRL (the "Company") you indicate your agreement to the terms of this End User License Agreement (the Agreement). If you do not agree to the terms herein, you are not authorized to copy or use the Software. The Software, all images, photographs, icons, and text incorporated in the Software, is owned by Company and the Author or their suppliers and is protected by copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Company, Author and their suppliers. You may not reverse engineer, decompile or disassemble the Software except as set forth herein.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.
1. LICENSE GRANT
The Company grants you a non-exclusive, royalty-free, worldwide right and license to use the executable version of the Software, where "use" in this Agreement means storing, loading, installing or executing the Software. You may not modify the Software. You may copy the software for archival purposes. You may not rent or lease your rights to the Software or documentation. You may install the Software on multiple computers provided that not more than one of those computers is in use simultaneously and that those computers are solely for your own use.
All right, title and interest in and to the Software is owned and copyrighted by the Author and Company. Your license confers neither title to nor ownership in the Software and is not a sale of any rights. No license is given to you under any patent or patent application of Company.
3. NO DISASSEMBLY, RECOMPILATION OR DECRYPTION
You may not disassemble, decrypt, decompile, reverse-enginner or recompile the Software.
4. NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
5. NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE AUTHOR NOR THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE AUTHOR'S AND COMPANY'S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.
6. CUSTOMER REMEDIES
YOUR EXCLUSIVE REMEDY SHALL BE, AT COMPANY OPTION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE.
6. MULTIPLAYER TERMS OF SERVICE
Acceptance of these Terms of Service is required for all players using the Software Multiplayer feature (the "Service"). By accessing the Service you agree to comply with all these terms. If you do not agree with these terms, do not access the Service.
By agreeing to the Service, you affirm that you are over 18 or that you have sought and received permission to play from their parent or legal guardian. In addition, if you are under 13, you understand that you are not required to provide personal information such as email address.
You must have access to the Internet in order to use the Service. It is your responsibility to select, obtain and pay for any equipment or services necessary for access.
You must provide an username to identify you to other users of the Service. You may not select as your username the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third party's trademark right, copyright, or other proprietary right; the Company reserves the right to delete any such username. You must also select a password for your account. The registration form may ask you for other information about yourself.
Upon registration, you are granted a personal, non-exclusive, non-transferable license to use the Service only for your personal entertainment purposes. The Company may revoke this license at any time and for any reason. Specifically, if you breach the Terms of Service, the Company will ban your account.
You agree not to do any of the following prohibited actions:
* reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Service or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
* permit any other person to access the Service, or create or provide any other means through which the Service may be used by anyone besides you (e.g., through server emulators);
* upload, post, email, link to, advertise or otherwise transmit through the Service any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party's proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* harm minors in any way;
* impersonate another user or administrator;
* forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through the Service;
* interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
* intentionally or unintentionally violate any applicable local, state, national or international law;
* "stalk" or otherwise harass another; or
* collect or store personal data about another member without the express permission of such member;
* reveal personal data about another member without the express permission of such member.
* modify any files or use any game hacking/altering/cheating software or tools, including scripting software, or attempt to disassemble the game client and/or decipher the data transmissions between the Service client and server;
* engage in any disruptive behavior that negatively impacts other players.
Third Party Content
You acknowledge and agree that the Service and Software contain materials owned by the Author, the Company and his suppliers, and you agree not to interfere the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the Romania.
While the Service is intended for all ages, it does allow for user generated content such as avatars and chat messages. As a result parts of the Service and/or Software may contain adult or mature content that some users may consider offensive, indecent or objectionable.
You understand that the technical processing and transmission of the Service, including your Participatory Content and Public Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service and Software may provide links to other sites for your convenience only. The Author and Company do not control, are not responsible for, do not necessarily endorse and maks no representation about the materials contained at any linked site.
Your Account is Your Responsibility
You are solely responsible and entirely liable for all activities conducted through your account and/or your username, even if your account has been compromised through no fault of your own. You are encouraged to maintain the confidentiality of your password and are reminded that you do not have a license to let others use your account.
You understand that you have no expectation of privacy with respect to your use of the Service or Software, and that all communications made by or received from you may be monitored. You acknowledge and agree that the Company will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. The Company will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
This Agreement shall continue for the duration of Company copyright in the Software, unless earlier terminated as provided herein. The Company may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.
8. NEGATION OF PARTNERSHIP
Company shall not become or be deemed a partner or a joint venturer with you by reason of the provisions of this license.
9. GOVERNING LAW AND FORUM
Irrespective of the place of execution or performance, this License Agreement shall be governed and construed in accordance with the laws of a jurisdiction of Romania, applicable to agreements. Any litigation to enforce or interpret the provisions of this License Agreement or the parties' rights or obligations arising out of this License Agreement or the performance hereunder shall be maintained only in the courts in a City of Company's choosing, and the parties expressly consent to personal jurisdiction in such courts. In the event that you breach this Agreement or indicate your intention to breach this Agreement in any manner that violates or may violate the Company's intellectual property rights or may cause continuing or irreparable harm to the Company, the Company may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
10. THIRD PARTY PROGRAMS
The Software contains third party components licensed under open source licenses. Even if such components are governed by other agreements, the disclaimers and the limitations on and exclusions of damages above also apply. If you are interested in reading the Licenses for the Third Party Programs, please contact the Company.
11. ENTIRE AGREEMENT
Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and Company with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein.
If you have any questions regarding this License Agreement or if you wish to request any information from Company, please contact the Company. All correspondence must be in English.