1. Agreement between User and SwissSys Software.
SwissSys chess tournament software is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of SwissSys constitutes your agreement to all such Terms. Please read these terms carefully.
2. Software License
The purchase of a SwissSys license entitles the User to install the program on one (1) laptop only, with an additional installation permitted on one (1) desktop as a courtesy if the User desires. A second laptop installation is not permitted in the place of this courtesy desktop installation. The software license granted to the User for the purchased version of SwissSys and all minor upgrade replacements (those bearing the same integer release number) are good for the life of the computer to which that version was first installed. In the event the User upgrades hardware, transfers of the software to a replacement computer will usually be granted at no extra charge, but this is at the sole discretion of SwissSys Software.
4. Electronic Communications
The User agrees to accept electronic communications in the form of email from SwissSys Software for the purpose of completing orders, replying to User questions, and, should the User request them, receiving notice of upgrade offers and bug reports.
The software furnished by SwissSys Software and accepted by you are provided “as is” and without any warranty whatsoever. All warranties, express or implied, including any warranties of merchantability or fitness for any particular purpose, are specifically excluded and disclaimed by SwissSys Software. SwissSys Software does not warrant that the software or associated documentation will meet your requirements, or that the operation of the software will be uninterrupted or error free. Except as expressly provided herein, the entire risk as to the quality and performance of the software is with you. SwissSys Software expressly disclaims any warranty with respect to any third party software products or devices that may communicate with the software. Some jurisdictions do not allow the disclaimer of implied warranties so this exclusion may not apply to you.
6. Limitation of Liability.
IN NO EVENT WILL SwissSys Software BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE FURNISHED OR TO BE FURNISHED BY SwissSys Software UNDER THESE TERMS OR THE USE THEREOF, EVEN IF SwissSys Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE AGGREGATE LIABILITY OF SwissSys Software UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE FURNISHED OR TO BE FURNISHED BY SwissSys Software UNDER THESE TERMS WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE purchase price ACTUALLY PAID BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU. No claim, regardless of form, which in any way arises out of these Terms, may be made or brought by User or User’s representatives more than two (2) years after the basis for the claim becomes known to the User.