LICENCE AGREEMENT

IMPORTANT: READ CAREFULLY: this agreement is a legal agreement between you (either an individual or a single entity) and Superscape Inc. for the software product identified below.

This Chesscapade game (“the Software”) together with the copyright and other intellectual property rights in the game are owned or licensed by Superscape Inc. (“Superscape”). Please read through the following licence conditions. If you agree to be bound by them please check the "I accept the terms of the licence agreement" checkbox and click Install at which point the Software will be loaded onto your Device. If you do not agree to be bound by these terms click Exit, the Software will not be loaded onto your Device and you will not be entitled to install or use it.

1. Licence

You are permitted to:

(1) load the Software onto and use it on one or more Devices, which are under your control;

You are not permitted to (nor may you permit anyone else to):

(a) transfer or make available the Software to another person or persons for them to load the Software onto and use it on any other Device.

(b) load the Software on to a computer or onto a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution; or

(c) rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse, engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or use, reproduce or deal in the Software or any part thereof in any way except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law, or

(d) modify or remove any copyright or other proprietary notices on the Software (and you must, in any event, ensure that all such notices are reproduced on any copies made of the Software).

2. Term

This Agreement is effective until you terminate it by destroying or removing the Software stored on any Device under your control. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy or delete all copies of the Software stored on any Device under your control.

3. Ownership

You acknowledge that all the copyright and other intellectual property rights in the Software are and shall remain the sole property of Superscape and/or its licensors. Save for the limited licence granted by Superscape in accordance with these terms no rights in the Software or the intellectual property rights therein shall pass to or vest in you.

You further acknowledge that the Software contains confidential information belonging to Superscape, which you agree to keep confidential.

4. Export Restrictions

You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments.

5. Disclaimer of Warranties and Limitation of Liability

SUPERSCAPE PROVIDES TO YOU THE SOFTWARE AS IS AND WITH ALL FAULTS AND SUPERSCAPE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS WITH RESPECT TO THE SOFTWARE ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS IMPLIED STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPERSCAPE OR ITS LICENSORS AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SUPERSCAPE OR ANY SUPPLIER, AND EVEN IF SUPERSCAPE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SUPERSCAPE AND ANY OF ITS LICENSORS AND SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

6. Miscellaneous Provisions

Failure by any party to enforce any of its rights hereunder shall not be taken as or deemed to be a waiver of such right unless formally confirmed in writing as a waiver and signed by an authorised representative of the relevant party.

If any part, term or provision of this Agreement not being of a fundamental nature is held illegal or unenforceable, such part, term or provision shall be treated as having been deleted and the validity or enforceability of the remainder of this Agreement shall not be affected.

You may not assign any of your rights or obligations under this Agreement to a third party.

This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California, USA. You irrevocably hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or in relation to your use of the Software.

If you agree to be bound by the above conditions please check the “I accept the terms of the licence agreement” checkbox and click Install at which point the Software will be loaded onto your Device. If you do not agree click Exit. The Software will then not be loaded onto your Device.