3.10 PADGen 3.1.0.41 http://www.padgen.org Portable Application Description, or PAD for short, is a data set that is used by shareware authors to disseminate information to anyone interested in their software products. To find out more go to http://www.asp-shareware.org/pad Ingenuware, Ltd. 1610 Sixth Avenue Beaver Falls PA 15010 USA http://www.ingenuware.com Robb Ryniak rcryniak@ingenuware.com Robb Ryniak rcryniak@ingenuware.com sales@ingenuware.com support@ingenuware.com info@ingenuware.com 724.843.3140 724.843.3140 724.843.3140 724.843.6291 ChessRally 2.6.925 01 14 2010 19.99 Shareware Major Update Install and Uninstall Win2000,Win7 x32,Win7 x64,WinServer,WinVista,WinVista x64,WinXP English Two new larger board sizes, new fun avatars, and many online gaming enhancements. For a complete list of changes, visit http://www.chessrally.com/verhist.htm Games Games & Entertainment::Board Pentium 200Mhz, 256MB RAM (XP/2000) or 512MB RAM (Vista/7), 40MB Hard Disk space, DirectX 7+ snd/gfx 22940165 22402 21.88 Y 21 Days After 21 day trial, user can keep the Free Edition for Email Chess for as long as they like. chess, online chess, chess game, chessrally, email chess, singleplayer, single player, single-player, multiplayer, multi player, multi-player Full-featured Internet & Single-Player chess. Full-featured chess for email games, Live Internet/LAN games, or single-player. Full-featured chess game which allows you to play anyone over the Internet or LAN, against several challenging computer opponents, correspondence games through Email , or in our "Online Rally Rooms" where you can chat, play, or watch. ChessRally 2 is a full-featured chess game which allows you to play anyone over the Internet or on your own LAN, against several challenging computer opponents at your own PC, correspondence games through Email, or you can join us in our "Online Rally Rooms" for chatting, playing, or just hanging out and watching. International rules apply, or customize them as "house rules". This Free Edition can be upgraded to Gold Edition for just $19.99. Play chess with new and old friends alike over the Internet, your local network, through Email (correspondence games), or play against several challenging computer opponents. Meet up with people and make new friends in the Online Rally Rooms (a chat and game service) to chat, play, or just be a spectator. ChessRally is a full-featured game for beginners and masters alike, with robust graphics and sound, fun characters, a customizable interface with free downloadable themes (skins, sets and sounds), smooth animation, a complete User's Guide, and free technical support. ChessRally contains full support for rated games, timed games, all internationally accepted rules, computer move suggestions, a risk indicator, "Experimenting Mode", loading, saving, printing, PGN and FEN import/export, an interactive Move History window, unlimited undo, and more. This download of ChessRally contains both the Free Edition, a free full-featured email chess game, and the Gold Edition with all of the other features mentioned above, which you get to try for free for 15-days. At the end of the Gold Edition features trial, if you choose not to upgrade to the Gold Edition, the Free Edition is yours to use for as long as you like for playing email chess entirely free, without restrictions or nag screens. Upgrading to the Gold Edition is easy with a fast, self-patching upgrade process (no new downloads to get) and costs $19.99. http://www.chessrally.com https://secure.ingenuware.com/cr2upgrade.htm http://www.chessrally.com/images/screens/full/full_screen.jpg http://www.chessrally.com/images/icon.gif http://www.chessrally.com/cr2pad.xml http://www.chessrally.com/downloads/install_chessrally2.exe =====INGENUWARE "CHESSRALLY" DISTRIBUTION AGREEMENT===== --===PLEASE READ CAREFULLY==--- 1. DEFINITIONS: A. PRODUCT: THIS COMPUTER SOFTWARE, AND ALL OF ITS CONTENTS, IN WHOLE OR IN PART, INCLUDING BUT NOT LIMITED TO SOURCE CODE, OBJECT CODE, DOCUMENTATION, IMAGES, AND ALL OTHER FORMS OF ASSOCIATED DATA AND INFORMATION, WILL HENCEFORTH BE COLLECTIVELY REFERRED TO AS "PRODUCT". B. LICENSEE: ANY VIEWER, INSTALLER, USER, OR DISTRIBUTOR OR RESELLER OF PRODUCT, ACTIVE OR PASSIVE, INDIVIDUAL OR ENTITY, SHALL HENCEFORTH BE REFERRED TO AS "LICENSEE". C. INGENUWARE: AUTHOR, DEVELOPER AND MANUFACTURER OF PRODUCT, NAMELY, "INGENUWARE, LTD", A PENNSYLVANIA LIMITED LIABILITY COMPANY WHOSE PRIMARY OFFICE IS AT 1610 SIXTH AVENUE BEAVER FALLS, PA 15010, U.S.A., SHALL HENCEFORTH BE REFERRED TO AS "INGENUWARE". D. SERVICE: ANY AND ALL ACCESS TO COMPUTERS, SOFTWARE, CONNECTIVITY, LISTINGS, AND/OR DATA TRANSFER MADE AVAILABLE TO LICENSEE FOR ANY PURPOSE BY INGENUWARE OR BY AFFILIATES/ASSOCIATES OF INGENUWARE, OVER ANY COMPUTER NETWORK OR OTHER MEANS OF COMMUNICATION, INCLUDING BUT NOT LIMITED TO THE "INTERNET", AND SHALL HENCEFORTH BE COLLECTIVELY REFERRED TO AS "SERVICE". 2. AGREEMENT: IF LICENSEE DOES NOT AGREE TO ANY OF THE TERMS SET FORTH IN THIS LICENSE AGREEMENT, LICENSEE IS HEREBY INSTRUCTED TO EITHER CANCEL INSTALLATION, AND/OR UNINSTALL PRODUCT, WHICHEVER THE CASE, AND MAY NOT DISTRIBUTE PRODUCT UNDER ANY CIRCUMSTANCES. INSTALLING, USING, OR DISTRIBUTING PRODUCT CONSTITUTES ACCEPTANCE OF THIS ENTIRE AGREEMENT WITHOUT EXCEPTION BY LICENSEE, AND ACTIVATES THIS AGREEMENT AS LEGAL AND BINDING, INSOFAR AS IS ALLOWABLE BY LAW. BY INSTALLING, USING AND/OR DISTRIBUTING PRODUCT FOR ANY PURPOSE, LICENSEE AGREES TO THE FOLLOWING "LICENSE AGREEMENT" 3. LICENSE AGREEMENT: A. REDISTRIBUTION: PRODUCT MAY BE REDISTRIBUTED FREELY IN ORIGINAL FORM ONLY, AS DETERMINED EXCLUSIVELY BY INGENUWARE. B. RESALE AND TRANSFERABILITY: LICENSEE MAY NOT SELL, RENT, OR OTHERWISE DERIVE ANY FORM OF INCOME OR CONSIDERATION FROM PRODUCT OR SERVICE WITHOUT THE EXPRESS WRITTEN AGREEMENT OF INGENUWARE. LICENSE TO USE PRODUCT MAY NOT BE TRANSFERRED TO ANY OTHER PARTY IN ANY WAY, AT ANY TIME, WITHOUT THE EXPRESS WRITTEN AGREEMENT OF INGENUWARE. C. MODIFICATION: LICENSEE MAY NOT UNDER ANY CIRCUMSTANCES DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, OR MODIFY PRODUCT IN ANY WAY. IN NO EVENT SHALL LICENSEE CREATE ANY DERIVATIVE WORK BASED ON PRODUCT, IN PART OR IN WHOLE, EXCEPT FOR WORKS DERIVED EXCLUSIVELY FROM INFORMATION AND IDEAS ALREADY IN THE PUBLIC DOMAIN PRIOR TO THE CONCEPTION AND CREATION OF PRODUCT AND/OR SERVICE, OR OTHERWISE GENUINELY, UNIQUELY, AND UNDENIABLY APART FROM PRODUCT AND/OR SERVICE. LICENSEE MAY, HOWEVER, CREATE NEW WORKS TO BE USED EXCLUSIVELY WITH PRODUCT IN THE FORM OF IMAGE AND AUDIO DATA ONLY, REFERRED TO BY THE PRODUCT AS "THEMES". D. SECURITY PROTOCOLS: LICENSEE SHALL NOT, AND SHALL NOT ATTEMPT TO, UNDER ANY CIRCUMSTANCES, SUBVERT, OR OTHERWISE AVOID OR EVADE THE SECURITY PROTOCOLS IN PRODUCT RELATED IN ANY WAY TO THE LICENSING OR USE OF PRODUCT. E. ILLEGAL ACTIVITY: LICENSEE MAY NOT TO USE PRODUCT TO ENGAGE IN ANY ACTIVITIES WHICH MAY BE DEEMED AS ILLEGAL OR IN ANY WAY CONTRIBUTING TO THE INFRINGEMENT OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. F. OTHER WARRANTY AND MERCHANTABILITY: PRODUCT AND SERVICE ARE OFFERED "AS IS", WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED. INGENUWARE DOES NOT OFFER ANY WARRANTY, GUARANTEE, OR REPRESENTATION OF THE MERCHANTABILITY, QUALITY OR ACCURACY OF PRODUCT OR SERVICE, OR OF THE USEFULNESS OR FITNESS OF PRODUCT OR SERVICE FOR ANY PARTICULAR PURPOSE WHATSOEVER. THE SOLE RISK OF USE OF PRODUCT AND/OR SERVICE REMAINS ENTIRELY WITH LICENSEE. INGENUWARE DOES NOT OFFER ANY WARRANTY, GUARANTEE, OR REPRESENTATION THAT OPERATION OF PRODUCT AND/OR SERVICE WILL BE ERROR-FREE OR OTHERWISE FREE FROM INTERRUPTION, EVEN IF INGENUWARE HAS BEEN ADVISED OF SUCH ERRORS OR INTERRUPTIONS, OR THE POSSIBILITY OF SUCH ERRORS OR INTERRUPTIONS. G. LIABILITY: IN NO EVENT SHALL INGENUWARE OR ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS, OR ASSOCIATES BE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR ANY OTHER TYPE OF DAMAGES ARISING OUT OF THE USE, MISUSE, PERFORMANCE, DELIVERY, ACCURACY, OR QUALITY OF PRODUCT OR SERVICE, OR OUT OF THE INABILITY TO INSTALL PRODUCT OR OTHERWISE USE PRODUCT OR SERVICE, EVEN IF INGENUWARE HAS BEEN ADVISED OF SUCH DAMAGES, OR OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE SHALL INDEMNIFY, HOLD HARMLESS, AND OTHERWISE COMPLETELY RELEASE FROM ALL LIABILITY, INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS OR ASSOCIATES. LICENSEE SHALL NOT HAVE NOR MAKE ANY CLAIM OR DEMAND AGAINST INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS OR ASSOCIATES, WHETHER FINANCIAL OR OTHERWISE. IN NO EVENT SHALL INGENUWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR OTHER, EXCEED THE PURCHASE PRICE OF PRODUCT. H. INTELLECTUAL PROPERTY: PRODUCT CONTAINS, REFERENCES, AND DISPLAYS COPYRIGHTED MATERIALS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTIES OF INGENUWARE. IN NO EVENT SHALL LICENSEE USE COPYRIGHTED MATERIAL OR OTHER INTELLECTUAL PROPERTIES, INCLUDING TRADEMARKS (REGISTERED OR NOT), FOR ANY PURPOSE OTHER THAN WHAT IS SPECIFIED IN THIS AGREEMENT. LICENSEE SHALL NOT CREATE SIMILAR TRADEMARKS OR WORKS THAT MIGHT CAUSE CONFUSION WITH OR OTHERWISE IMPAIR THE MERCHANTABILITY OR USEFULNESS OF THE TRADEMARKS, COPYRIGHTS, WORKS, OR OTHER INTELLECTUAL PROPERTIES CONTAINED IN, INCLUDED WITH, DISPLAYED BY, OR OTHERWISE REVEALED BY PRODUCT. I. OWNERSHIP: THIS AGREEMENT IS NOT A SALE OR TRANSFER OF OWNERSHIP OF PRODUCT. INGENUWARE RETAINS FULL RIGHTS AND OWNERSHIP TO PRODUCT, SERVICE, AND ALL RELATED INTELLECTUAL PROPERTIES, AS DESCRIBED IN SECTION 3.H. OF THIS AGREEMENT. ANY MONIES PAID BY LICENSEE FOR THE USE OF PRODUCT AND/OR SERVICE ENTITLES LICENSEE TO USE THE PRODUCT AND SERVICE IN ACCORDANCE WITH THIS AGREEMENT ONLY, AND DOES NOT ENTITLE LICENSEE TO ANY CLAIMS OF OWNERSHIP OF PRODUCT OR SERVICE, OR TO OWNERSHIP OF OTHER INTELLECTUAL PROPERTIES AS DESCRIBED IN SECTION 3.H. OF THIS AGREEMENT. J. TERMINATION: INGENUWARE RESERVES THE RIGHT TO TERMINATE THIS LICENSE AND/OR TO REFUSE SERVICE TO LICENSEE FOR ANY REASON WHATSOEVER, WITH OR WITHOUT NOTICE. K. REMEDIES FOR LICENSEE VIOLATIONS: INGENUWARE RESERVES THE RIGHT TO EXECUTE CRIMINAL AND/OR CIVIL PROCEEDINGS IN THE EVENT THAT LICENSEE IS IN VIOLATION OF THIS AGREEMENT, IN PART OR IN WHOLE. IN THE EVENT OF SUCH VIOLATION, INGENUWARE MAY, AT ITS OWN DISCRETION, INVOKE CIVIL REMEMDIES, INCLUDING BUT NOT LIMITED TO, INJUNCTION, PUNITIVE DAMAGES, AND/OR OTHER SETTLEMENT, MONETARY OR OTHERWISE, INSOFAR AS ALLOWABLE BY LAW. L. GOVERNANCE: ANY AND ALL DISPUTES AND PROCEEDINGS RELATED TO PRODUCT OR SERVICE BETWEEN LICENSEE AND INGENUWARE SHALL BE GOVERNED BY AND SUBJECT TO THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA, AND ALL JUDGEMENTS SHALL BE GIVEN BY A COURT OF COMPETENT JURISDICTION WITHIN THE COMMONWEALTH OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA, UNLESS OTHERWISE AGREED TO IN A SEPERATE AGREEMENT BETWEEN LICENSEE AND INGENUWARE. M. RESTRICTIONS ON LOCALE: IF LICENSEE RESIDES, WORKS, HOLDS CITIZENSHIP OR ALLEGIENCE IN AND/OR TO A COUNTRY THAT IS BANNED FROM TRADE WITH THE UNITED STATES OF AMERICA, OR IS OTHERWISE BEING PREVENTED FROM EXECUTING NORMAL COMMERCIAL ACTIVITY WITH THE UNITED STATES OF AMERICA, THEN LICENSEE MAY NOT UNDER ANY CIRCUMSTANCES INSTALL, PURCHASE, OR OTHERWISE USE PRODUCT OR SERVICE. IF LICENSEE CHANGES RESIDENCE, WORK LOCATION, CITIZENSHIP, OR ALLEGIENCE IN AND/OR TO A COUNTRY AS DESCRIBED ABOVE, THIS AGREEMENT IS AUTOMATICALLY TERMINATED, AND LICENSEE IS INSTRUCTED TO RETURN PRODUCT TO INGENUWARE, DESTROY ALL COPIES OF PRODUCT WHICH ARE NOT RETURNED, DESTROY ALL DATA AND INFORMATION RELATED TO PRODUCT AND/OR SERVICE, AND NOT TO INSTALL, PURCHASE, OR OTHERWISE USE PRODUCT OR SERVICE IN ANY WAY. LICENSEE IS SOLELY RESPONSIBLE FOR ADHERING TO THE AFOREMENTIONED RESTRICTIONS. N. SEVERABILITY: SHOULD ANY PART OR PARTS OF THIS AGREEMENT BE FOUND TO BE UNENFORCEABLE, ALL REMAINING PART AND/OR PARTS OF THIS AGREEMENT SHALL SURVIVE AND REMAIN IN FULL EFFECT. O. SECTION HEADINGS: SECTION HEADINGS IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY AND ARE NOT A PART OF THIS AGREEMENT, AND SHALL NOT BE USED TO INTERPRET ANY PART OR PARTS OF THIS AGREEMENT. 4. COPYRIGHT NOTICE: PRODUCT is Copyright (C) 1997-2010 by Ingenuware, Ltd. All Rights Reserved. All duplication that does not comply with this license agreement is strictly prohibited. 5. TRADEMARK NOTICE: Ingenuware(tm) and ChessRally(tm) are Trademarks of Ingenuware, Ltd. INGENUWARE "CHESSRALLY" EULA (END-USER LICENSE AGREEMENT) (Please Read Carefully - Includes Online Rally Rooms Code of Conduct) 1. DEFINITIONS: A. PRODUCT: THIS COMPUTER SOFTWARE, AND ALL OF ITS CONTENTS, IN WHOLE OR IN PART, INCLUDING BUT NOT LIMITED TO OBJECT CODE (COMPUTER PROGRAMS IN ANY FORM THAT CONTAIN COMPUTER EXECUTABLE INSTRUCTIONS), SOURCE CODE, DOCUMENTATION, IMAGES, AND ALL OTHER FORMS OF ASSOCIATED DATA AND INFORMATION, SHALL HENCEFORTH BE COLLECTIVELY REFERRED TO AS "PRODUCT". B. LICENSEE: ANY VIEWER, INSTALLER, AND/OR USER OF PRODUCT, ACTIVE AND/OR PASSIVE, INDIVIDUAL OR ENTITY, SHALL HENCEFORTH BE REFERRED TO AS "LICENSEE". C. INGENUWARE: AUTHOR, DEVELOPER AND MANUFACTURER OF PRODUCT, NAMELY, "INGENUWARE, LTD", A PENNSYLVANIA LIMITED LIABILITY COMPANY WHOSE PRIMARY OFFICE IS AT 1610 SIXTH AVENUE BEAVER FALLS, PA 15010, U.S.A., SHALL HENCEFORTH BE REFERRED TO AS "INGENUWARE". D. SERVICE: ANY AND ALL ACCESS TO COMPUTERS, SOFTWARE, INFORMATION, NETWORK CONNECTIVITY AND/OR DATA TRANSFER MADE AVAILABLE TO LICENSEE BY INGENUWARE AND/OR BY AFFILIATES, ASSOCIATES, AND/OR PROVIDERS OF INGENUWARE, FOR ANY PURPOSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO "RALLY ROOM" GAME SERVERS AND OTHER GAME SERVERS, INTERNET WEB SITES, AND OTHER FORMS OF COMMUNICATIONS, SHALL HENCEFORTH BE COLLECTIVELY REFERRED TO AS "SERVICE". E. LICENSE KEY: ANY SPECIAL SEQUENCE OF DATA WHICH, WHEN HAVING ENTERED IT INTO THE APPROPRIATE LOCATION IN PRODUCT, CAUSES SPECIFIC FEATURES IN PRODUCT TO TEMPORARILY AND/OR PERMANENTLY BECOME AVAILABLE WHICH ARE NOT NORMALLY AVAILABLE WITHOUT SUCH ENTRY, SHALL HENCEFORTH BE REFERRED TO AS "LICENSE KEY" AND/OR "LICENSE KEY(S)". F. SECURITY PROTOCOLS: MECHANISMS, DEVICES, METHODS, PROCESSES, AND/OR DATA, WHETHER IN SOFTWARE, STORAGE (DIGITAL OR OTHERWISE), AND/OR COMMUNICATION, HAVING THE DESIGN AND/OR PURPOSE OF ANY/ALL OF THE FOLLOWING: MANAGING AND/OR MAINTAINING LICENSE KEY(S); MANAGING, DETERMINING, AND ENFORCING AVAILABILITY OF PRODUCT AND/OR SERVICE, IN PART OR IN WHOLE; MANAGING AND/OR ENFORCING REFUSAL OF SERVICE (COMMONLY KNOWN AS "BANS" AND/OR "BLOCKS"); PROVIDING FUNCTIONALITY FOR THE ENFORCEMENT OF THIS AGREEMENT; AND/OR PROVIDING FUNCTIONALITY RELATED TO ANY/ALL OTHER SECURITY AND/OR LICENSING RELATED MATTERS, AS DETERMINED EXCLUSIVELY BY INGENUWARE. 2. AGREEMENT: IF LICENSEE DOES NOT AGREE TO THIS LICENSE AGREEMENT IN ITS ENTIRETY, LICENSEE SHALL NOT INSTALL PRODUCT, AND SHALL REMOVE ALL COPIES OF PRODUCT FROM THEIR COMPUTER. INSTALLING AND/OR USING PRODUCT CONSTITUTES UNCONDITIONAL ACCEPTANCE BY LICENSEE OF THIS ENTIRE AGREEMENT, AND ACTIVATES THIS AGREEMENT AS LEGAL AND BINDING, INSOFAR AS IS ALLOWABLE BY LAW. BY INSTALLING AND/OR USING PRODUCT AND/OR SERVICE FOR ANY PURPOSE, LICENSEE ACCEPTS ALL DEFINITIONS IN THE PREVIOUS SECTION (1. "DEFINITIONS"), AND ALSO AGREES TO THE FOLLOWING SECTION (3. "LICENSE TO USE") IN ITS ENTIRETY. 3. LICENSE TO USE: A. USAGE: a. USAGE OF PRODUCT/SERVICE: PRODUCT AND/OR SERVICE MAY BE USED BY LICENSEE FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY. LICENSEE MAY USE ANY NUMBER OF COPIES OF PRODUCT ON ANY NUMBER OF COMPUTERS PROVIDED THAT SUCH USAGE DOES NOT VIOLATE THIS OR ANY OTHER SECTION OF THIS AGREEMENT. COPIES OF PRODUCT INSTALLED ON ANY COMPUTER WITHOUT A LICENSE KEY ARE LIMITED TO A FULLY-FUNCTIONAL TRIAL PERIOD OF TWENTY-ONE DAYS, THEN LIMITED TO PARTIAL FUNCTIONALITY UNTIL A VALID AND LEGITIMATELY OBTAINED LICENSE KEY IS INSTALLED ON THE INDIVIDUAL COMPUTER WHERE PRODUCT RESIDES. LICENSEE IS ENTITLED TO ONE AND ONLY ONE FULLY-FUNCTIONAL TRIAL PERIOD PER UNIQUE COMPUTER. LICENSEE MAY USE PRODUCT WITH SUCH LIMITATIONS RESULTING FROM LICENSE KEY ABSENCE FOR ANY PERIOD OF TIME, NOTWITHSTANDING THE PROVISIONS OF TERMINATION WITHIN THIS AGREEMENT. b. USAGE OF LICENSE KEY(S): WITH THE EXCEPTION OF SITE LICENSES (AND SITE LICENSE KEYS), WHICH ARE DEFINED LATER IN THIS AGREEMENT, LICENSE KEY(S) OBTAINED BY LICENSEE MAY BE INSTALLED BY LICENSEE ON ONE AND ONLY ONE INDIVIDUAL COMPUTER SIMULTANEOUSLY. LICENSEE MAY TRANSFER A LICENSE KEY TO ANY OTHER INDIVIDUAL COMPUTER IN THEIR OWNERSHIP OR LEASED-POSSESSION ("NEW COMPUTER"), BUT ONLY IF THE LICENSE KEY IS FIRST COMPLETELY REMOVED FROM THE COMPUTER WHERE IT IS/WAS INSTALLED PRIOR TO SUCH TRANSFER. ONCE A LICENSE KEY HAS BEEN TRANSFERRED TO A NEW COMPUTER, IT MAY NOT BE TRANSFERRED BACK TO THE PREVIOUS COMPUTER AT ANY TIME WITHOUT THE PRIOR AND EXPRESS WRITTEN CONSENT FROM INGENUWARE. EACH INDIVIDUAL LICENSE KEY USED MAY BE USED ON ONE AND ONLY ONE DISTINCT AND INDIVIDUAL COMPUTER SIMULTANEOUSLY. c. LIMITATIONS AND CLARIFICATIONS FOR VIRTUALIZATION: FOR THE PURPOSES OF THIS AGREEMENT, EACH INDIVIDUAL VIRTUALIZED COMPUTING ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO: INDIVIDUAL OPERATING SYSTEM INSTALLATIONS THAT ARE INSTALLED SIMULTANEIOUSLY WITH OTHER INDIVIDUAL OPERATING SYSTEM(S) ON THE SAME PHYSICAL HARDWARE, AN OPERATING SYSTEM ACCESSED THROUGH VIRTUALIZATION SOFTWARE (EXAMPLES: VIRTUAL PC, VMWARE), CONSTITUTE AND SHALL BE CONSIDERED TO BE, SEPARATE AND UNIQUE COMPUTERS. B. TERM AND SCOPE OF AGREEMENT: THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE AND TIME WHICH LICENSEE FIRST INSTALLS/INSTALLED AND/OR USES/USED PRODUCT AND/OR SERVICE, AND SHALL CONTINUE INDEFINITELY, UNTIL SUCH A TIME (IF ANY) THAT INGENUWARE RELEASES LICENSEE FROM THIS AGREEMENT IN WRITING, WITH OR WITHOUT NOTICE. THIS AGREEMENT REPLACES AND OVERRIDES ANY PREVIOUS AGREEMENTS, AND COVERS THE CURRENT VERSION OF PRODUCT AND SERVICE, AS WELL AS ALL PREVIOUS VERSIONS OF PRODUCT AND SERVICE INSTALLED AND/OR USED BY LICENSEE AT ANY TIME, PAST, PRESENT, OR FUTURE. C. REDISTRIBUTION: PRODUCT MAY BE REDISTRIBUTED FREELY ONLY IN ITS ORIGINAL FORM, AS RELEASED FOR TRIAL USE BY INGENUWARE TO THE GENERAL PUBLIC, AND/OR OTHERWISE DETERMINED EXCLUSIVELY BY INGENUWARE. D. RESALE AND TRANSFERABILITY: LICENSEE MAY NOT SELL, RENT, OR OTHERWISE DERIVE ANY FORM OF INCOME AND/OR CONSIDERATION FROM PRODUCT AND/OR SERVICE WITHOUT THE EXPRESS WRITTEN AGREEMENT OF INGENUWARE. LICENSE KEY(S) AND/OR LICENSE TO USE PRODUCT MAY NOT BE TRANSFERRED TO ANY OTHER PARTY IN ANY WAY, AT ANY TIME, WITHOUT THE PRIOR AND EXPRESS WRITTEN CONSENT OF INGENUWARE. ANY LICENSE KEY(S) ASSIGNED TO LICENSEE MAY NOT BE TRANSFERRED TO ANY OTHER PARTY IN ANY WAY, AT ANY TIME, WITHOUT THE EXPRESS WRITTEN CONSENT OF INGENUWARE, AND SUCH CONSENT FOR LICENSE KEY TRANSFER SHALL NOT BE GRANTED BY INGENUWARE UNLESS LICENSEE SUBMITS THE FULL NAME, EMAIL ADDRESS, POSTAL MAILING ADDRESS, AND TELEPHONE NUMBER OF THE OTHER PARTY THAT THE LICENSEE WISHES TO TRANSFER ANY LICENSE KEY(S) TO, PRIOR TO THE TRANSFER OF SUCH LICENSE KEY(S). INGENUWARE RESERVES THE RIGHT TO REFUSE SUCH A TRANSFER FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO: THIRD PARTY HAS BEEN KNOWN TO OR HAS BEEN SUSPECTED OF DISTRIBUTING LICENSE KEY(S) TO OTHER PARTIES IN VIOLATION OF THIS AGREEMENT, THIRD PARTY HAS HAD THEIR LICENSE PREVIOUSLY REVOKED/TERMINATED, AND/OR THIRD PARTY HAS BEEN KNOWN TO OR HAS BEEN SUSPECTED OF PARTICIPATING IN ILLEGAL ACTIVITIES WHILE USING SERVICE. E. MODIFICATION AND TAMPERING: LICENSEE MAY NOT UNDER ANY CIRCUMSTANCES, EITHER DIRECTLY OR INDIRECTLY (INCLUDING THROUGH ANY THIRD PARTY): DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, AND/OR MODIFY IN ANY WAY, THE FOLLOWING: PRODUCT, SERVICE, AND/OR LICENSE KEY(S). LICENSEE ALSO MAY NOT ALTER THE FUNCTIONALITY AND/OR AVAILABILITY OF PRODUCT AND/OR SERVICE IN A WAY NOT INTENDED BY INGENUWARE (AS DETERMINED EXCLUSIVELY BY INGENUWARE), INCLUDING, BUT NOT LIMITED TO: a. USING AND/OR CAUSING TO BE MADE AVAILABLE FEATURES OF PRODUCT AND/OR SERVICE THAT ARE NOT NORMALLY AVAILABLE WITHOUT THE USE OF A LICENSE KEY THAT WAS LEGALLY OBTAINED FROM INGENUWARE OR AN AUTHORIZED INGENUWARE RESELLER. b. USING AND/OR CAUSING TO BE MADE AVAILABLE, LICENSE KEY(S) AND/OR FEATURES OF PRODUCT AND/OR SERVICE THAT LICENSEE IS NO LONGER PERMITTED TO USE AS A RESULT OF LICENSE REVOCATION/TERMINATION. c. USING AND/OR ATTEMPTING TO ASCERTAIN LICENSE KEY(S) THROUGH MEANS OTHER THAN LEGALLY OBTAINING SUCH LICENSE KEY(S) DIRECTLY FROM INGENUWARE OR AN AUTHORIZED INGENUWARE RESELLER. d. DISTRIBUTING LICENSE KEY(S) TO ANY OTHER PARTY REGARDLESS OF HOW SUCH LICENSE KEY(S) WAS/WERE OBTAINED. e. MANIPULATING, SUBVERTING, CIRCUMVENTING, EVADING, AND/OR OTHERWISE AVOIDING SECURITY PROTOCOLS. f. DELETING AND/OR ALTERING UNIQUELY IDENTIFYING INFORMATION, SKILL ASSESSMENT DATA ("RATING" AND GAME STATISTICS INFORMATION), AND/OR OTHER SECURITY RELATED DATA GENERATED BY PRODUCT. g. USING SO CALLED "CHEAT PROGRAMS" AND/OR MANIPULATING PRODUCT AND/OR SERVICE IN ANY WAY (BY ANY MEANS) NOT CONSIDERED TO BE "NORMAL USE" (AS DETERMINED EXCLUSIVELY BY INGENUWARE), INCLUDING, BUT NOT LIMITED TO: MANIPULATING GAME CLOCK(S); MANIPULATING GAME PIECE PROPERTIES, ABILITIES, AND/OR POSITION; AND/OR MANIPULATING RESULTS OF GAME MATCHES THROUGH A MEANS OTHER THAN NORMAL GAME OPERATION AND TERMINATION, AS DETERMINED EXCLUSIVELY BY INGENUWARE. IN KEEPING WITH THIS SECTION OF THE AGREEMENT, LICENSEE ALSO AGREES TO ALLOW PRODUCT TO AUTOMATICALLY CLOSE/SHUT DOWN ANY SOFTWARE PROGRAMS THAT ARE BELIEVED BY INGENUWARE TO BE INTENDED TO, OR OTHERWISE ABLE TO, ASSIST IN THE TAMPERING WITH AND/OR EVADING OF, SECURITY PROTOCOLS AND/OR LICENSING RELATED DATA, WITH SUCH SOFTWARE PROGRAMS DETERMINED EXCLUSIVELY BY INGEUWARE. F. DERIVATIVE WORKS: IN NO EVENT SHALL LICENSEE CREATE ANY DERIVATIVE WORK BASED ON PRODUCT, IN PART OR IN WHOLE, EXCEPT FOR WORKS DERIVED EXCLUSIVELY FROM INFORMATION AND IDEAS ALREADY IN THE PUBLIC DOMAIN PRIOR TO THE CONCEPTION OF THE FIRST VERSION OF PRODUCT AND/OR SERVICE, OR OTHERWISE GENUINELY, UNIQUELY, AND UNDENIABLY APART FROM PRODUCT AND/OR SERVICE. LICENSEE MAY, HOWEVER, CREATE NEW WORKS TO BE USED EXCLUSIVELY WITH PRODUCT IN THE FORM OF IMAGE, TEXT, AND AUDIO DATA ONLY, REFERRED TO BY PRODUCT AS "THEMES". G. ILLEGAL ACTIVITY: LICENSEE SHALL NOT USE PRODUCT AND/OR SERVICE TO ENGAGE IN ANY ACTIVITIES WHICH MAY BE DEEMED AS ILLEGAL, INCLUDING BUT NOT LIMITED TO, SOLICITATION AND/OR CORRUPTION OF MINORS, DISTRIBUTION AND/OR ACCEPTANCE OF "PIRATED" SOFTWARE AND/OR "PIRATED" SERIAL NUMBER(S)/LICENSE KEY(S), AND/OR OTHERWISE CONTRIBUTING TO THE INFRINGEMENT OF INGENUWARE'S AND/OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. H. LIMITED WARRANTY: IF LICENSEE PURCHASES LICENSING/LICENSE KEY(S) DIRECTLY FROM INGENUWARE, AND IF FOR ANY REASON, WITHIN 90 DAYS OF LICENSEE'S PURCHASE, LICENSEE IS NOT SATISFIED WITH PRODUCT, LICENSEE MAY REQUEST THAT INGENUWARE CORRECT THE PROBLEM THAT RESULTED IN SUCH DISSATISFACTION, AFTER WHICH, IF INGENUWARE IS UNABLE OR UNWILLING TO COMPLY WITH SUCH REQUEST TO THE SATISFACTION OF LICENSEE, LICENSEE IS ENTITLED TO OBTAIN A FULL REFUND FROM INGENUWARE OF THE PURCHASE PRICE ONLY IF LICENSEE RETURNS PRODUCT TO INGENUWARE (IF PRODUCT WAS GIVEN TO LICENSEE IN PHYSICAL FORM), DESTROYS ALL OTHER COPIES OF PRODUCT WHICH ARE UNDER THE CONTROL AND/OR POSSESSION OF LICENSEE, DESTROYS ALL COPIES OF LICENSE KEY(S) AND/OR OTHER DATA RELATED TO PRODUCT, AND SUBMITS AN AFFIDAVIT OF SUCH DESTRUCTION TO INGENUWARE. INGENUWARE RESERVES THE RIGHT TO REFUSE A REFUND FOR ANY REASON WHATSOEVER (AT THE SOLE DISCRETION OF INGENUWARE), INCLUDING, BUT NOT LIMITED TO: IF LICENSEE COMMITS CONSUMER CREDIT CARD FRAUD DURING THE LICENSING/PURCHASING PROCESS, IF LICENSEE IS IN VIOLATION OF SECTION 3.E. OF THIS AGREEMENT, AND/OR IF LICENSEE VIOLATES THE TERMS OF SERVICE/CODE OF CONDUCT AS OUTLINED IN SECTION 3.J. OF THIS AGREEMENT. I. OTHER WARRANTY AND MERCHANTABILITY: NOTWITHSTANDING THE FOREGOING LIMITED WARRANTY, PRODUCT AND SERVICE ARE OFFERED "AS IS", WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED. INGENUWARE DOES NOT OFFER ANY WARRANTY, GUARANTEE, AND/OR REPRESENTATION OF THE MERCHANTABILITY, QUALITY AND/OR ACCURACY OF PRODUCT OR SERVICE, AND/OR THE USEFULNESS AND/OR FITNESS OF PRODUCT AND/OR SERVICE FOR ANY PARTICULAR PURPOSE WHATSOEVER. THE SOLE RISK OF USE OF PRODUCT AND/OR SERVICE REMAINS EXCLUSIVELY WITH LICENSEE. INGENUWARE DOES NOT OFFER ANY WARRANTY, GUARANTEE, AND/OR REPRESENTATION THAT OPERATION OF PRODUCT AND/OR SERVICE WILL BE ERROR-FREE OR OTHERWISE FREE FROM INTERRUPTION, EVEN IF INGENUWARE HAS BEEN ADVISED OF SUCH ERRORS AND/OR INTERRUPTIONS, AND/OR OF THE POSSIBILITY OF SUCH ERRORS AND/OR INTERRUPTIONS. J. TERMS OF SERVICE & CODE OF CONDUCT: THE SERVICE OFFERED AS DESCRIBED IN SECTION 1.D. OF THIS AGREEMENT IS NOT GUARANTEED TO BE OFFERED TO LICENSEE AT ANY TIME. IF/WHEN SERVICE IS PROVIDED, IT IS PROVIDED AS A CONVENIENCE ONLY. SERVICE MAY BE GOVERNED AND/OR MONITORED BY INGENUWARE AND/OR PERSON(S) APPOINTED EXCLUSIVELY BY INGENUWARE, COMMONLY REFERRED TO (AND HENCEFORTH REFERRED TO) AS "ROOM OPERATOR(S)". THE EXISTENCE OF SERVICE, AND/OR POSSESSION OF LICENSE KEY(S) BY LICENSEE, SHALL NOT CONSITIUTE (COLLECTIVELY OR SEPARATELY) A GUARANTEE THAT SERVICE SHALL OR MUST BE PROVIDED TO LICENSEE. INGENUWARE RESERVES THE RIGHT TO REFUSE SERVICE TO LICENSEE (AND/OR HAVE SERVICE REFUSED TO LICENSEE BY ROOM OPERATOR(S)), TEMPORARILY OR PERMANENTLY, AS MANY TIMES AS DEEMED NECESSARY BY INGENUWARE AND/OR ROOM OPERATOR(S), FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, VIOLATIONS (SUSPECTED OR CONFIRMED) OF THE FOLLOWING "CODE OF CONDUCT": CODE OF CONDUCT a. NO REQUESTING OR GIVING LICENSE KEY(S). ALL LICENSE KEY(S) ARE TO REMAIN IN THE SOLE POSSESSION OF THEIR RESPECTIVE LICENSEES. b. NO USING SERVICE FOR SOLICITATION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: i. PRIVATE RALLY ROOM SERVERS NOT CONTROLLED OR OPERATED BY INGENUWARE. ii. OTHER PRODUCTS AND/OR SERVICES NOT RELATED TO INGENUWARE PRODUCTS OR OTHERWISE OWNED AND/OR OPERATED BY INGENUWARE. c. NO CHEATING OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING (LICENSEE IS ADVISED THAT CHEATING MAY RESULT IN LICENSEE BEING "BRANDED" A CHEATER FOR OTHER USERS/LICENSEES TO SEE): i. USING COMPUTER PROGRAM ASSISTANCE (OTHER THAN THE ASSISTANCE WITHIN PRODUCT FOR SPECIFIC GAME MATCHES CONFIGURED TO ALLOW IT.) ii. LEAVING GAME MATCH OR MANIPULATING GAME MATCH IN ORDER TO AVOID LOSING GAME MATCH. iii.MANIPULATING PRODUCT IN VIOLATION OF SECTION 3.E. OF THIS AGREEMENT TO ALTER GAME MATCH RESULTS. iv. DURING A RATED GAME ONLY, COACHING ANOTHER PLAYER ON WHAT MOVES TO MAKE, OR WILLINGLY BEING COACHED ON WHAT MOVES TO MAKE, AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). d. NO CIRCUMVENTION OF (WORKING AROUND) LANGUAGE FILTERS BY ANY MEANS TO ALLOW THE COMMUNICATION OF PROFANITY AND/OR OTHER WORDS/PHRASES THAT IS/ARE DEEMED INAPPROPRIATE BY INGENUWARE AND/OR ROOM OPERATORS. WORDS THAT, WHEN ENTERED PLAINLY INTO CHAT WITHOUT DISGUISE OF ANY KIND, BECOME FILTERED (THE WORD IS REPLACED BY ASTERISKS ("*" CHARACTERS)), ARE AUTOMATICALLY CONSIDERED TO BE DEEMED INAPPROPRIATE, WITH OR WITHOUT HAVING BEEN PREVIOUSLY STATED AS SUCH BY INGENUWARE AND/OR ROOM OPERATOR(S). e. NO INAPPROPRIATE PLAYER NAMES (A.K.A. "NICKS", "NAMES", "USER NAMES", "SCREEN NAMES", ETC.) OR PLAYER QUOTES (WHICH ARE ABLE TO BE SET AT THE RALLY ROOMS SELECTION SCREEN), AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). f. NO FILLING THE CHAT AREA WITH EXCESSIVE AND/OR REPEATED TEXT (A.K.A. "FLOODING", "SCROLLING", ETC.), THAT MAKES IT DIFFICULT FOR OTHERS TO COMMUNICATE EFFECTIVELY, AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). g. NO ABUSIVE BEHAVIOR, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: i. INAPPROPRIATE AND/OR UNSPORTSMANLIKE NAME-CALLING AND/OR OTHER BEHAVIOR, AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). ii. EXCESSIVE USE OF GAME MATCH INVITATIONS, REQUESTS TO JOIN A GAME MATCH, AND/OR PRIVATE MESSAGES IN ORDER TO ANNOY OTHER USER(S), AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). iii.EXCESSIVE USE OF PROFANITY IN ROOMS WHERE LANGUAGE FILTERS ARE NOT ENFORCED (WHEN SAID FILTERS ARE "USER-DEFINED"), AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). iv. INAPPROPRIATE INSULTS, JOKES, "SLURS", AND/OR COMMENTS REGARDING RACE/ETHNICITY, RELIGIOUS BELIEFS, POLITICAL AFFILIATIONS, GENDER, AND/OR SEXUAL ORIENTATION, AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). v. THREATENING OTHERS IN ANY WAY, FOR ANY REASON. vi. HARASSMENT OF ANY KIND. h. NO PORNOGRAPHY, AND/OR PUBLIC CONVERSATIONS THAT ARE SEXUAL IN NATURE, AND/OR OTHERWISE INAPPROPRIATE, AS DETERMINED BY INGENUWARE AND/OR ROOM OPERATOR(S). i. NO ILLEGAL ACTIVITY, INCLUDING, BUT NOT LIMITED TO: i. DISTRIBUTION OF, AND/OR GIVING INSTRUCTIONS ON HOW TO OBTAIN, ANY COPYRIGHTED INFORMATION, COMPUTER SOFTWARE, ENTERTAINMENT MEDIA, SERIAL NUMBER(S), LICENSE KEY(S), AND/OR OTHER INTELLECTUAL PROPERTY WHICH LICENSEE IS NOT AUTHORIZED TO DISTRIBUTE. ii. SOLICITATION AND/OR CORRUPTION OF MINORS, OR COMMUNICATING IN A WAY THAT LEADS TO THE SAME. iii.ORGANIZING AND/OR COMMUNICATING CRIMINAL ACTIONS AND/OR PLANS. j. NO PRETENDING TO BE OTHER KNOWN USERS, ESPECIALLY ROOM OPERATORS OR INGENUWARE PERSONNEL, OR PEOPLE RELATED TO THE SAME. k. COMPLIANCE WITH INSTRUCTIONS GIVEN BY INGENUWARE AND/OR ROOM OPERATOR(S) IS MANDATORY. l. NO ENCOURAGING, INCITING, OR COERCING OTHERS TO VIOLATE THIS CODE OF CONDUCT, OR ANY OTHER PART OF THE LICENSE AGREEMENT. IF LICENSEE IS REFUSED SERVICE BY INGENUWARE AND/OR ROOM OPERATOR(S), LICENSEE MAY CONTINUE TO HAVE FULL USE OF PRODUCT, INCLUDING THE "RALLY ROOM" FEATURE, PROVIDED THAT: THEY ONLY USE SAID FEATURE ON A PRIVATE SERVICE OPERATED AND CONTROLLED BY LICENSEE OR OTHER NON-INGENUWARE ENTITY, LICENSEE'S LICENSE TO USE PRODUCT HAS NOT EXPIRED OR OTHERWISE BEEN REVOKED, AND THAT A COMPATIBLE VERSION OF THE COMPUTER SOFTWARE TO CREATE SUCH A SERVICE IS AVAILABLE FROM INGENUWARE. IF SUCH A REFUSAL OF SERVICE SHOULD OCCUR, AND LICENSEE DOES CHOOSE TO OPERATE SAID PRIVATE SERVICE, LICENSEE MAY NOT ACQUIRE USERS FOR THEIR PRIVATE SERVICE FROM THE INGENUWARE PROVIDED SERVICE, AND LICENSEE IS NOT PERMITTED IN ANY WAY TO INVITE ANY EXISTING USERS OF THE SERVICE PROVIDED BY INGENUWARE TO LICENSEE'S PRIVATE SERVICE, AS SUCH INVITATION MAY RESULT IN IMMEDIATE TERMINATION OF LICENSEE'S LICENSE, AT THE SOLE DISCRETION OF INGENUWARE. LICENSEE ALSO ACKNOWLEDGES THAT OTHER LICENSEE(S) MAY, WITH PRIOR AUTHORIZATION OBTAINED EXCLUSIVELY FROM INGENUWARE, OFFER OTHER SERVICE(S) RELATED TO PRODUCT AND/OR SERVICE, AND THAT SUCH LICENSEE(S) MAY, WITH PRIOR AUTHORIZATION OBTAINED EXCLUSIVELY FROM INGENUWARE, REQUIRE PAYMENT FROM LICENSEE, IN THE EVENT THAT LICENSEE SHOULD CHOOSE TO OBTAIN SUCH OTHER SERVICE(S) FROM OTHER LICENSEE(S). LICENSEE AGREES THAT PAYMENT, COLLECTION AND/OR REIMBURSEMENT OF SUCH PAYMENT(S) FOR OTHER SERVICE(S) RENDERED BY OTHER LICENSEE(S) SHALL NOT IN ANY WAY BE THE RESPONSIBILITY OF INGENUWARE, BUT SHALL REMAIN THE EXCLUSIVE RESPONSIBILITY OF LICENSEE AND OTHER LICENSEE(S) WITH WHOM THE OTHER SERVICES WERE OBTAINED. LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND COMPLETELY RELEASE FROM LIABILITY, ANY CLAIMS ASSOCIATED WITH OTHER SERVICE(S) OBTAINED FROM OTHER LICENSEE(S), REGARDLESS IF SUCH CLAIM IS FINANCIAL OR NOT. LICENSEE ALSO AGREES NOT OFFER OR ATTEMPT TO OFFER, ANY OTHER SERVICE(S) WITHOUT A PRIOR AND SEPARATE WRITTEN AGREEMENT WITH INGENUWARE THAT AUTHORIZES LICENSEE TO OFFER SUCH OTHER SERVICE(S). K. PERSONAL SAFETY: INGENUWARE DOES NOT WARRANT, GUARANTEE, AND/OR MAKE ANY REPRESENTATION REGARDING THE SAFETY OF LICENSEE, WHETHER TO PERSON, PROPERTY, INFORMATION, AND/OR HEALTH (MENTAL, EMOTIONAL, AND/OR PHYSICAL), WHILE USING PRODUCT AND/OR SERVICE. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO TAKE ANY AND ALL PRECAUTIONS, NECESSARY OR OTHERWISE, TO ENSURE THE SAFETY OF LICENSEE WHILE USING PRODUCT AND/OR SERVICE. ANY ADDITIONAL EFFORT TO PROTECT THE SAFETY OF LICENSEE BY INGENUWARE IS AT THE SOLE DISCRETION OF INGENUWARE, AND SHALL NOT BE CONSIDERED A SUBSTITUTE FOR LICENSEE'S OWN MEASURES OF PROTECTION, AND SHALL NOT BE CONSIDERED TO CONSTITUTE ANY PARTICULAR LEVEL OF PROTECTION WHATSOEVER. INGENUWARE ENCOURAGES LICENSEE TO PREVENT THE DISCLOSURE OF LICENSEE'S PERSONALLY IDENTIFYING INFORMATION TO THIRD PARTIES, INCLUDING NAME, ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, PLACE OF EMPLOYMENT, IP ADDRESS, INTERNET ACCOUNT INFORMATION, ETC., AND TO REPORT ALL ABUSIVE BEHAVIOR OBSERVED TO INGENUWARE AND/OR ROOM OPERATOR(S) AS DEFINED IN SECTION 3.J. OF THIS AGREEMENT. L. SITE LICENSES: IF LICENSEE PURCHASES A SITE LICENSE DIRECTLY FROM INGENUWARE OR AN AUTHORIZED RESELLER, SAID SITE LICENSE SHALL ENTITLE LICENSEE TO INSTALL PRODUCT AND SITE LICENSE KEY ON ANY NUMBER OF COMPUTERS, PROVIDED THAT SAID COMPUTERS RESIDE AND SHALL REMAIN AT ONE PHYSICAL SITE/LOCATION. SITE LICENSES ARE NOT ORGANIZATION-WIDE LICENSES, AND AS SUCH MAY NOT BE USED AT MORE THAN ONE PHYSICAL SITE/LOCATION. PORTABLE COMPUTERS THAT ARE AT THE PHYSICAL SITE/LOCATION DO QUALIFY FOR SITE LICENSE USE, PROVIDED THAT THEY ARE NOT TAKEN OFF LOCATION. REMOVING PORTABLE COMPUTERS FROM THE SITE LOCATION WITH A SITE LICENSE KEY INSTALLED SHALL RESULT IN LICENSE REVOCATION/TERMINATION. M. LIABILITY: IN NO EVENT SHALL INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS, AND/OR ASSOCIATES BE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, AND/OR ANY OTHER TYPE OF DAMAGES ARISING OUT OF THE USE, MISUSE, PERFORMANCE, DELIVERY, ACCURACY, AND/OR QUALITY OF PRODUCT AND/OR SERVICE, AND/OR OUT OF THE INABILITY TO INSTALL PRODUCT AND/OR OTHERWISE USE PRODUCT AND/OR SERVICE, EVEN IF INGENUWARE HAS BEEN ADVISED OF SUCH DAMAGES, AND/OR OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE SHALL INDEMNIFY, HOLD HARMLESS, AND OTHERWISE COMPLETELY RELEASE FROM ALL LIABILITY, INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS AND ASSOCIATES. LICENSEE SHALL NOT HAVE NOR MAKE ANY CLAIM OR DEMAND AGAINST INGENUWARE, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, SUB- CONTRACTORS, SUPPLIERS, RESELLERS, AGENTS AND/OR ASSOCIATES, WHETHER FINANCIAL OR OTHERWISE. IN NO EVENT SHALL INGENUWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, AND/OR OTHER, EXCEED THE PURCHASE PRICE OF PRODUCT AS PAID DIRECTLY TO INGENUWARE OR AN AUTHORIZED INGENUWARE RESELLER. N. INTELLECTUAL PROPERTY: PRODUCT CONTAINS, REFERENCES, AND DISPLAYS COPYRIGHTED MATERIALS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTIES OF INGENUWARE. IN NO EVENT SHALL LICENSEE USE COPYRIGHTED MATERIAL AND/OR OTHER INTELLECTUAL PROPERTIES, INCLUDING TRADEMARKS (REGISTERED OR NOT), FOR ANY PURPOSE OTHER THAN WHAT IS SPECIFIED IN THIS AGREEMENT. LICENSEE SHALL NOT CREATE SIMILAR TRADEMARKS AND/OR WORKS THAT MIGHT CAUSE CONFUSION WITH AND/OR OTHERWISE IMPAIR THE MERCHANTABILITY AND/OR USEFULNESS OF THE TRADEMARKS, COPYRIGHTS, WORKS, AND/OR OTHER INTELLECTUAL PROPERTIES CONTAINED IN, INCLUDED WITH, DISPLAYED BY, AND/OR OTHERWISE REVEALED BY PRODUCT. O. OWNERSHIP: THIS AGREEMENT IS NOT A SALE OR TRANSFER OF OWNERSHIP OF PRODUCT OR SERVICE. INGENUWARE RETAINS FULL RIGHTS AND OWNERSHIP TO PRODUCT, SERVICE, AND ALL RELATED INTELLECTUAL PROPERTIES, AS DESCRIBED IN SECTION 3.N. OF THIS AGREEMENT. ANY MONIES PAID BY LICENSEE FOR THE USE OF PRODUCT ENTITLES LICENSEE TO USE PRODUCT IN ACCORDANCE WITH THIS AGREEMENT ONLY, AND DOES NOT ENTITLE LICENSEE TO ANY CLAIMS OF OWNERSHIP OF PRODUCT AND/OR SERVICE, AND/OR TO OWNERSHIP OF OTHER INTELLECTUAL PROPERTIES AS DESCRIBED IN SECTION 3.N. OF THIS AGREEMENT. P. PRIVACY AND LICENSEE IDENTIFICATION: INGENUWARE AGREES NOT TO RELEASE, REVEAL, OR OTHERWISE MAKE KNOWN, ANY PERSONALLY IDENTIFYING INFORMATION KNOWN TO INGENUWARE AND BELONGING TO LICENSEE TO THIRD PARTIES WHATSOEVER, WITH THE EXCEPTION OF RELEASING SUCH INFORMATION TO A COURT(S) OF COMPETENT JURISDICTION AND/OR TO LAW ENFORCEMENT OFFICIAL(S) AS MAY BE REQUIRED OF INGENUWARE AND/OR OTHERWISE DEEMED NECESSARY BY INGENUWARE, SAID COURT(S), AND/OR SAID LAW ENFORCEMENT OFFICIAL(S). LICENSEE GRANTS INGENUWARE THE RIGHT TO COLLECT PERSONALLY IDENTIFYING INFORMATION AND/OR COMPUTER SYSTEM DETAILS AND/OR COMPUTER SYSTEM RELATED INFORMATION FROM LICENSEE'S COMPUTER FOR THE PURPOSE OF ENFORCING THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO THE "TERMS OF SERVICE" IN SECTION 3.J OF THIS AGREEMENT), REPORTING CRIMINAL ACTIVITY, INVESTIGATING SUSPECTED VIOLATIONS OF THIS AGREEMENT AND/OR THE LAW, PROVIDING TECHNICAL SUPPORT TO LICENSEE, GENERATING STATISTICS FOR RESEARCH AND DEVELOPMENT, AND/OR FOR ANY OTHER REASON AS DEEMED NECESSARY BY INGENUWARE. LICENSEE GRANTS INGENUWARE THE RIGHT TO OBSERVE AND/OR MAKE A RECORD OF THE PERSONAL COMMUNICATIONS TO AND FROM LICENSEE WHICH TRANSPIRE DURING THE USE OF SERVICE FOR THE PURPOSE OF ENFORCING THIS AGREEMENT, REPORTING CRIMINAL ACTIVITY, SETTLING DISPUTES, INVESTIGATING SUSPECTED VIOLATIONS OF THIS AGREEMENT AND/OR THE LAW, AND/OR FOR ANY OTHER REASON AS DEEMED NECESSARY BY INGENUWARE. LICENSEE CONSENTS TO PERSON(S) APPOINTED BY INGENUWARE ("ROOM OPERATORS") TO ACT ON BEHALF OF INGENUWARE IN THE CAPACITY OF: GOVERNING USE OF SERVICE, CAUSING AFOREMENTIONED PERSONALLY IDENTIFYING INFORMATION TO BE COLLECTED BY SERVICE (WITH THE STIPULATION THAT ROOM OPERATOR(S) ARE GENERALLY NOT PERMITTED TO VIEW SUCH PERONALLY IDENTIFYING INFORMATION), COLLECTING AND/OR VIEWING COMPUTER SYSTEM DETAILS AND/OR COMPUTER SYSTEM RELATED INFORMATION, OBSERVING AFOREMENTIONED PERSONAL COMMUNICATIONS, MAKING A RECORD OF AFOREMENTIONED PERSONAL COMMUNICATIONS, AND/OR ANY OTHER USE OR PURPOSE AS DEEMED USEFUL OR NECESSARY BY INGENUWARE. Q. TERMINATION: INGENUWARE RESERVES THE RIGHT TO TERMINATE THIS LICENSE, RENDER LICENSE KEY(S) NON-FUNCTIONAL, AND/OR TO REFUSE SERVICE TO LICENSEE FOR ANY REASON WHATSOEVER, WITH OR WITHOUT NOTICE. UPON TERMINATION, THE LICENSEE IS NO LONGER ENTITLED TO USE PRODUCT OR SERVICE IN ANY WAY, WHETHER OR NOT A LICENSE KEY HAS BEEN INSTALLED ON LICENSEE'S COMPUTER. INGENUWARE ALSO RESERVES THE RIGHT TO REVERSE SUCH TERMINATION AT ITS SOLE DISCRETION. UPON SUCH TERMINATION, LICENSEE IS REQUIRED TO (AND AGREES TO): DESTROY LICENSE KEY(S) AND/OR OTHER DATA RELATED TO PRODUCT, DESTROY ALL COPIES OF PRODUCT WHICH ARE UNDER THE CONTROL AND/OR POSSESSION OF LICENSEE, AND SUBMIT AN AFFIDAVIT OF SUCH DESTRUCTION TO INGENUWARE. R. REMEDIES FOR VIOLATIONS OF THIS AGREEMENT: INGENUWARE RESERVES THE RIGHT TO INITIATE CRIMINAL AND/OR CIVIL PROCEEDINGS IN THE EVENT THAT LICENSEE IS IN VIOLATION OF THIS AGREEMENT, IN PART OR IN WHOLE. IN THE EVENT OF SAID VIOLATION, INGENUWARE MAY, AT ITS OWN DISCRETION, INVOKE REMEDIES INCLUDING BUT NOT LIMITED TO: INJUNCTION AND/OR OTHER SETTLEMENT, MONETARY OR OTHERWISE, INSOFAR AS ALLOWABLE BY LAW. IN THE EVENT THAT LICENSEE VIOLATES THIS AGREEMENT IN SUCH A MANNER THAT: VIOLATES SECTION 3.E. OF THIS AGREEMENT, RESULTS IN ANY HARM TO THE OPERATION AND/OR INTEGRITY OF PRODUCT AND/OR SERVICE IN ANY WAY, AND/OR RESULTS IN THE DISTRIBUTION OF INFORMATION TO OTHER(S) CONCERNING METHODS OF VIOLATING SECTION 3.E. OF THIS AGREEMENT, THEN LICENSEE AGREES TO PAY INGENUWARE A SUM NOT LESS THAN ONE HUDRED AND FIFTY THOUSAND UNITED STATES DOLLARS IN PUNITIVE AND/OR STATUATORY DAMAGES, ADDITIONAL REASONABLE ATTORNEY'S FEES FOR THE COLLECTION OF SUCH DAMAGES, AND SHALL REMAIN LIABLE FOR OTHER CRIMINAL AND/OR CIVIL PENALTIES INSOFAR AS ALLOWABLE BY LAW. S. GOVERNANCE: ANY AND ALL DISPUTES AND/OR PROCEEDINGS RELATED TO PRODUCT AND/OR SERVICE, BETWEEN LICENSEE AND INGENUWARE, SHALL BE GOVERNED BY AND SUBJECT TO THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA, AND ALL JUDGMENTS SHALL BE GIVEN BY A COURT OF COMPETENT JURISDICTION WITHIN THE COMMONWEALTH OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA, UNLESS OTHERWISE AGREED TO IN A SEPARATE AGREEMENT BETWEEN LICENSEE AND INGENUWARE. (LICENSEE CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL AND/OR STATE COURT SYSTEM WITHIN THE COMMONWEALTH OF PENNSYLVANIA, UNITED STATES OF AMERICA.) T. RESTRICTIONS ON LOCALE: IF LICENSEE RESIDES, WORKS, HOLDS CITIZENSHIP OR ALLEGIANCE IN AND/OR TO A COUNTRY THAT IS BANNED FROM TRADE WITH THE UNITED STATES OF AMERICA, OR IS OTHERWISE BEING PREVENTED FROM EXECUTING NORMAL COMMERCIAL ACTIVITY WITH THE UNITED STATES OF AMERICA, THEN LICENSEE MAY NOT UNDER ANY CIRCUMSTANCES INSTALL, PURCHASE LICENSING TO, OR OTHERWISE USE PRODUCT OR SERVICE. IF LICENSEE CHANGES RESIDENCE, WORK LOCATION, CITIZENSHIP, OR ALLEGIANCE IN AND/OR TO A COUNTRY AS DESCRIBED ABOVE, THIS AGREEMENT IS AUTOMATICALLY TERMINATED, AND LICENSEE IS INSTRUCTED TO RETURN PRODUCT TO INGENUWARE, DESTROY ALL COPIES OF PRODUCT WHICH ARE NOT RETURNED, DESTROY ALL LICENSE KEY(S), DATA AND INFORMATION RELATED TO PRODUCT AND/OR SERVICE, AND NOT TO INSTALL, PURCHASE LICENSING TO, OR OTHERWISE USE PRODUCT OR SERVICE IN ANY WAY. LICENSEE IS SOLELY RESPONSIBLE FOR ADHERING TO THE AFOREMENTIONED RESTRICTIONS. U. SEVERABILITY: SHOULD ANY PART(S) OF THIS AGREEMENT BE FOUND TO BE UNENFORCEABLE, ALL REMAINING PART(S) OF THIS AGREEMENT SHALL SURVIVE AND REMAIN IN FULL EFFECT. V. SECTION HEADINGS: SECTION HEADINGS IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY AND ARE NOT A PART OF THIS AGREEMENT, AND SHALL NOT BE USED TO INTERPRET THIS AGREEMENT, NOR ANY PART(S) THEREOF. 4. COPYRIGHT NOTICE: PRODUCT is Copyright (C) 1997-2010 by Ingenuware, Ltd. All Rights Reserved. All duplication that does not comply with this license agreement is strictly prohibited. 5. TRADEMARK NOTICE: Ingenuware(tm) and ChessRally(tm) are Trademarks of Ingenuware, Ltd. Y 1.4 http://www.asp-shareware.org/pad/extensions/Affiliates.htm Y N info@ingenuware.com Y Select - MS-DOS Platform (blank) Select - Win3 Platform unique (blank) winxp - Windows XP Personal Interest - hobby Hobbies 1.1 12/07/2001