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Disclaimers and Limitation of Liability
Capria: Magic of the Elements includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All HORN & IVRY LLC and Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. HORN & IVRY LLC, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic and HORN & IVRY LLC 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 or HORN & IVRY LLC 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, HORN & IVRY LLC, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic or HORN & IVRY LLC Materials will operate properly, including as integrated in the Capria: Magic of the Elements, (2) that the Epic or HORN & IVRY LLC Materials will meet your requirements, (3) that the operation of the Epic or HORN & IVRY LLC Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic or HORN & IVRY LLC Materials can or will be corrected, (5) that the Epic or HORN & IVRY LLC 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 Capria: Magic of the Elements, or will not revoke approval of this Capria: Magic of the Elements 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 HORN & IVRY LLC and Epic. HORN & IVRY LLC, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic or HORN & IVRY LLC Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither HORN & IVRY LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of HORN & IVRY LLC’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 or HORN & IVRY LLC Materials or otherwise in connection with this Licensing 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 HORN & IVRY LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of HORN & IVRY LLC’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 Licensing Agreement or the Epic or HORN & IVRY LLC Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of HORN & IVRY LLC’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 HORN & IVRY LLC, 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 HORN & IVRY LLC, Epic, Epic’s licensors, its and their affiliates, and any of HORN & IVRY LLC’s or Epic’s service providers shall be limited to the full extent permitted by law.
Capria: Magic of the Elements includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All HORN & IVRY LLC and Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. HORN & IVRY LLC, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic and HORN & IVRY LLC 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 or HORN & IVRY LLC 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, HORN & IVRY LLC, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic or HORN & IVRY LLC Materials will operate properly, including as integrated in the Capria: Magic of the Elements, (2) that the Epic or HORN & IVRY LLC Materials will meet your requirements, (3) that the operation of the Epic or HORN & IVRY LLC Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic or HORN & IVRY LLC Materials can or will be corrected, (5) that the Epic or HORN & IVRY LLC 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 Capria: Magic of the Elements, or will not revoke approval of this Capria: Magic of the Elements 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 HORN & IVRY LLC and Epic. HORN & IVRY LLC, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic or HORN & IVRY LLC Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither HORN & IVRY LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of HORN & IVRY LLC’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 or HORN & IVRY LLC Materials or otherwise in connection with this Licensing 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 HORN & IVRY LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of HORN & IVRY LLC’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 Licensing Agreement or the Epic or HORN & IVRY LLC Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of HORN & IVRY LLC’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 HORN & IVRY LLC, 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 HORN & IVRY LLC, Epic, Epic’s licensors, its and their affiliates, and any of HORN & IVRY LLC’s or Epic’s service providers shall be limited to the full extent permitted by law.