Secure Online Order Form

To order Chessimo just fill in the form below:

1. Fill in your personal information:

Full name:

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The license code will be sent to you by e-mail.

2. Select your payment option:

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GENERAL TERMS AND CONDITIONS
8x8 Media Ltd., Winterthur, Switzerland

1.	Scope and Validity
1.1	These General Terms and Conditions ("GTC") shall apply to the conclusion, content and performance of the agreement (“Agreement”) between 8x8 Media Ltd., Marktgasse 1, CH-8400 Winterthur, Switzerland ("8x8"), and customer ("Customer") with respect to the software "Chessimo", its upgrades and/or updates ("Software").
1.2	With the exceptions of Sec. 3-5 below, these GTC also apply to the download of the "Free Trial Version" (with limited functions) made available on 8x8's website which allows the testing for a period of 15 days.
1.3	Should parts of these GTC be null and void or unenforceable, the validity of any other terms and conditions shall not be affected thereby. Any provisions having become null and void or unenforceable shall be replaced by a provision which reflects the intended purpose as closely as possible.

2.	Offer and Acceptance
2.1	8x8’s quotations on the website are not binding offers but must be regarded as invitations to Customer to submit a binding offer.
2.2	By clicking on the button "Place Order" in the "Secure Online Order Form", and after having accepted these GTC, Customer submits a binding order. Subject to manifest errors, the price and the GTC contained in the order shall apply. Receipt of the order will be confirmed in an e-mail. This receipt confirmation does not, however, constitute an acceptance by 8x8 of the order.
2.3	Orders are only binding on 8x8 when explicitly accepted in an e-mail containing the password to download the ordered Software which will usually be sent to Customers as follows:
-	within a few minutes in the case of payment with credit cards or PayPal or,
-	in the case of payment by bank transfer, within three business days as from receipt of payment on 8x8's bank account.
Customer can only download the ordered Software [three] times within [14] days as from dispatch of the e-mail containing the password.
2.4	In the event of late delivery, the Customer has no right to be indemnified.
2.5	8x8 shall be entitled to refuse an order without indicating the reasons.

3.	Prices
3.1	The prices quoted by 8x8 in the "Secure Online Order Form" include VAT, if applicable, but are otherwise free of any deductions of any kind such as, for example, bank charges.
3.2	If Customer buys a CD-ROM, Customer bears the delivery costs and must pay a handling fee of USD 10.00, EUR 6.00 or CHF 10.00 respectively.
3.3	8x8 determines the means of delivery at its sole discretion (mail or private service provider).

4.	Payment
The "pay before download principle" applies, that is, the ordered Software will only be made available to or, in the case of a CD-ROM, be sent to Customer after successful (i) debiting on Customer's credit card or PayPal account or, in the case of payment by bank transfer, (ii) crediting on 8x8's bank account respectively.

5.	Withdrawal
5.1	Customer is entitled to terminate the Agreement within 90 days as from receipt of the e-mail containing the password or the CD-ROM respectively by giving notice in an e-mail to [e-mail address] without need to indicate a reason. This e-mail shall designate Customer's name and bank account, the IBAN [International Bank Account Number], the BIC [Banc Identifier Code], the bank's name and address as well as all other information required for refunding the price.
Customer shall immediately (i) delete the Software on his computer(s), (ii) destroy all back-up and archival copies and, if applicable, (iii) return the original CD-ROM to 8x8 Media Ltd., Marktgasse 1, P.O. Box 2211, CH-8401 Winterthur, Switzerland.
5.2	8x8 will refund the purchase price within 30 days as from receipt of the above e-mail or return of the original CD-ROM respectively to a bank account designated by Customer. Customer bears all charges in relation to the bank transfer.
5.3	Customer explicitly entitles 8x8's representatives to verify compliance with Sec. 5.1 Alinea 2 above and, for this purpose, grants them access to his/her computers and homes.

6.	License
6.1	8x8 grants Customer a non-exclusive, non-transferable license, without the right to grant sublicenses, to install the Software on two computers in his/her household and to use the Software only on one computer at a time and only for non-commercial purposes. Customer is not entitled to install the Software on a server and to make it available to multiple users. Customer is, however, allowed to make one (1) back-up/archival copy for his/her personal use only. A special written license agreement must be concluded with 8x8 if Customer wishes to use the Software for commercial purposes.
6.2	It is strictly prohibited to (i) copy the Software for other purposes than back-up and archival purposes (in line with Sec. 6.1 above), (ii) distribute the Software, (iii) modify the Software, (iv) disclose the password to third parties and/or (v) decompile the Software and reconstruct the original source code.
6.3	Should Customer dispose of a computer, he/she must uninstall the Software from that computer.
6.4	The license granted hereunder does not include licenses to upgrades of the Software. Customer must therefore purchase upgrades.

7.	Intellectual Property
All intellectual property rights to the Software belong to, and shall remain with, 8x8.

8.	Defects
8.1	If the Software is defective, Customer is only entitled to (i) request a new download or a CD-ROM respectively, or (ii) to rescind the Agreement and to request 8x8 to return the purchase price in accordance with Sec. 5.1-5.3. Customer must request a new download or CD-ROM, or rescind the Agreement within a period of six (6) months as from the date of acceptance of Customer's order (see Sec. 2.3 above; "Period"). If Customer does not observe the Period, Customer will be deemed to have accepted the Software.
8.2	If a new download or a CD-ROM supplied to Customer under Sec. 8.1 is defective, Customer shall again have the rights as described in Sec. 8.1 during the Period.
8.3	8x8 shall, to the maximum extent which is legally allowed, not be liable for any direct damages and/or indirect damages (incidental, consequential or other, including loss of profits, loss of use, loss of data) resulting from, arising out of or in connection with the Software. In any event, the compensation payable shall be limited to the purchase price.

9.	No Right of Support
9.1	8x8 and its affiliates and agents are not obliged not provide any support services to Customer regarding the installation and/or use of the Software etc. Customer may ask questions by using the online form on the website. 8x8 endeavours to resolve and answer such questions at its sole discretion.
9.2	Customer will not receive an instruction manual.

10.	Termination
10.1	This Agreement is entered into for an undefined period of time and shall remain in full force and effect for as long as the copyrights to the Software and/or its updates and/or upgrades remain valid.
10.2	8x8 can terminate the Agreement at any time if Customer violates the terms and conditions of the license as set forth in Sec. 6 above. The purchase price is not refundable in this case.

11.	Data Protection
Customer explicitly agrees that 8x8 can process his/her personal data submitted via the "Secure Online Order Form" for carrying out the transactions required under the Agreement and to store and process such data thereafter.

12.	Non-Assignment
Customer may not assign any or all rights and obligations hereunder to another party without the prior written consent of 8x8.

13.	Applicable Law and Jurisdiction
13.1	The contractual relationship shall be subject to Swiss law, excluding the United Nations’ Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
13.2	The competent courts of the city of Zurich, Switzerland, shall have exclusive jurisdiction without restricting any right of appeal.
Only the English version of these GTC shall be authentic and, in case of inconsistencies with any translation of these GTC in another language, shall prevail.

Version 1, March 2008.

I accept the General Terms and Conditions

Secure Online Order Form

1. Fill in your personal information:

The license code will be sent to you by e-mail.

2. Select your payment option:

Copyright © 2004 - 2008 8x8 Media AG - All rights reserved.