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Disclaimers and Limitation of Liability
Tross includes the Unreal® Engine code and other code, materials, and information (the “Epic
Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and
“as available” basis, “with all faults” and without warranty of any kind. ShadowPrerequisite,
Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and
representations (express, implied, oral, and written) with respect to the Epic Materials, including
without limitation all express, implied, and statutory warranties and conditions of any kind, such
as title, non-interference with your enjoyment, authority, non-infringement, merchantability,
fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any
such purpose), system integration, accuracy or completeness, results, reasonable care,
workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law,
by reason of custom or usage in the trade, or by course of dealing. Without limiting the
generality of the foregoing, ShadowPrerequisite, Epic, and Epic’s affiliates make no warranty
that (1) any of the Epic Materials will operate properly, including as integrated in the Tross, (2)
that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials
will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in
the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in
compliance with a platform manufacturer’s rules or requirements, or (6) that a platform
manufacturer has approved or will approve this Tross, or will not revoke approval of this Tross
for any or no reason. Any warranty against infringement that may be provided in Section 2-312
of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by
ShadowPrerequisite and Epic. ShadowPrerequisite, Epic, and Epic’s affiliates do not guarantee
continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This
paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither ShadowPrerequisite, Epic, Epic’s
licensors, nor its or their affiliates, nor any of ShadowPrerequisite’s or Epic’s service providers,
shall be liable in any way for loss or damage of any kind resulting from the use or inability to use
the Epic Materials or otherwise in connection with this Agreement, including but not limited to
loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other
commercial damages or losses. In no event will ShadowPrerequisite, Epic, Epic’s licensors, nor
its or their affiliates, nor any of ShadowPrerequisite’s or Epic’s service providers be liable for
any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary
damages, or any other damages arising out of or in connection with this [Agreement] or the Epic
Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in
the event of ShadowPrerequisite’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence),
strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise
and even if ShadowPrerequisite, Epic or Epic’s affiliates have been advised of the possibility of
such damages. These limitations and exclusions regarding damages apply even if any remedy
fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, the liability of
ShadowPrerequisite, Epic, Epic’s licensors, its and their affiliates, and any of
ShadowPrerequisite’s or Epic’s service providers shall be limited to the full extent permitted by
law.
Tross includes the Unreal® Engine code and other code, materials, and information (the “Epic
Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and
“as available” basis, “with all faults” and without warranty of any kind. ShadowPrerequisite,
Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and
representations (express, implied, oral, and written) with respect to the Epic Materials, including
without limitation all express, implied, and statutory warranties and conditions of any kind, such
as title, non-interference with your enjoyment, authority, non-infringement, merchantability,
fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any
such purpose), system integration, accuracy or completeness, results, reasonable care,
workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law,
by reason of custom or usage in the trade, or by course of dealing. Without limiting the
generality of the foregoing, ShadowPrerequisite, Epic, and Epic’s affiliates make no warranty
that (1) any of the Epic Materials will operate properly, including as integrated in the Tross, (2)
that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials
will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in
the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in
compliance with a platform manufacturer’s rules or requirements, or (6) that a platform
manufacturer has approved or will approve this Tross, or will not revoke approval of this Tross
for any or no reason. Any warranty against infringement that may be provided in Section 2-312
of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by
ShadowPrerequisite and Epic. ShadowPrerequisite, Epic, and Epic’s affiliates do not guarantee
continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This
paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither ShadowPrerequisite, Epic, Epic’s
licensors, nor its or their affiliates, nor any of ShadowPrerequisite’s or Epic’s service providers,
shall be liable in any way for loss or damage of any kind resulting from the use or inability to use
the Epic Materials or otherwise in connection with this Agreement, including but not limited to
loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other
commercial damages or losses. In no event will ShadowPrerequisite, Epic, Epic’s licensors, nor
its or their affiliates, nor any of ShadowPrerequisite’s or Epic’s service providers be liable for
any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary
damages, or any other damages arising out of or in connection with this [Agreement] or the Epic
Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in
the event of ShadowPrerequisite’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence),
strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise
and even if ShadowPrerequisite, Epic or Epic’s affiliates have been advised of the possibility of
such damages. These limitations and exclusions regarding damages apply even if any remedy
fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, the liability of
ShadowPrerequisite, Epic, Epic’s licensors, its and their affiliates, and any of
ShadowPrerequisite’s or Epic’s service providers shall be limited to the full extent permitted by
law.