This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Alexander Klaas ("Licensor") for the ChessFury software application, including any associated media and documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Software.
Subject to your compliance with this EULA and the Apple Media Services Terms and Conditions, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use ChessFury on Apple devices that you own or control, for personal, non-commercial entertainment purposes.
Except as expressly permitted by applicable law or the license of a bundled open-source component (see Section 4), you may not:
The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights. Third-party components are owned by their respective copyright holders and licensed as described below.
ChessFury includes the Stockfish chess engine, which is licensed under the GNU General Public License, version 3 (GPLv3). Stockfish is Copyright © the Stockfish developers.
Written offer for source code. In accordance with Section 6 of the GPLv3, Licensor offers to provide, upon request, a complete machine-readable copy of the corresponding source code for the version of Stockfish distributed with ChessFury. To request the source code, email admin@chessfury.app. Alternatively, the upstream Stockfish source is publicly available at github.com/official-stockfish/Stockfish and stockfishchess.org. This offer is valid for as long as ChessFury is distributed, and at minimum for three years from the date of your download.
The full text of the GPLv3 is available at gnu.org/licenses/gpl-3.0.en.html.
Stockfish is distributed WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GPLv3 for details.
GPLv3 and the App Store. The Stockfish component is dynamically integrated into ChessFury and is governed solely by the GPLv3. The remainder of ChessFury is proprietary and governed by this EULA. Your rights to the Stockfish component under GPLv3 (including the right to receive source code) are not limited by the Apple Usage Rules or by any other term of this EULA.
You acknowledge that this EULA is between you and Licensor only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Software or its content. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software. Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of the terms of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE. LICENSOR'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED $50 USD.
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the Software and delete all copies.
This EULA is governed by the laws of the Republic of Serbia, except to the extent that mandatory consumer protection law of your country of residence provides otherwise. This choice of law does not affect your rights under applicable consumer law.