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END USER LICENSE AGREEMENT
This software programme and any files enabling you to play or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “materials”) and all works derived from this software programme and these materials (as a whole: the “game”) are both protected by copyright and trademark law. Each use of the game shall be subject to the terms of this End User License Agreement. The game shall be distributed and rented exclusively by authorized traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the game not expressly authorized by the terms of the License Agreement shall be expressly prohibited.
WARRANTY
Because of its complex nature, software can never be expected to be completely errorfree. Therefore, Polygon Art cannot guarantee that the contents of this product will meet your expectations, and that the software will run glitch-free under any possible conditions. Moreover, Polygon Art assumes no warranty for specific functions and results of this software in excess of the current minimum standard of software technology at the time this program was created. The same applies to the accuracy and/or completeness of the accompanying documentation. If the program should be defective upon delivery so that, despite appropriate handling, it cannot be used for the intended purpose, Polygon Art will either amend the product, deliver a new copy, or refund the purchase price within two years of the date of purchase. This applies exclusively to products purchased directly from Polygon Art. To claim this warranty, you must send the purchased product, along with your proof of purchase and a description of the error to the following address: contact@polygon-art.com assumes no further warranties for any direct or indirect damages resulting from the use of the product, unless these damages were caused through malicious intent or gross negligence, or such a warranty is compulsory by law. In any case, the amount of the warranty is restricted to the purchase price of the product. Under no circumstances will Polygon Art assume warranty for any unforeseeable or nontypical damages. Any claims you may have against the distributor where you purchased the product are not affected by this. Polygon Art assumes no warranty for damages incurred through inappropriate handling, in particular failure to comply with the instruction manual, incorrect initial operation, inappropriate treatment or unsuitable accessories, unless Polygon Art is responsible for such damages.
RIGHT OF USE
By purchasing this software, the user is guaranteed the non-exclusive personal right to install and use the software on a single computer. This right cannot be transferred, leased or loaned. Any other use without the copyright holder’s prior consent is prohibited. The creation of backup copies is only allowed within the scope of legal regulations. The program or parts thereof may not be passed on, licensed, leased, altered, translated, adapted or published, whether with or without cost. Decompiling, disassembling or otherwise converting the software back to a universally readable form, either wholly or in part, is expressly prohibited. Any person who duplicates, distributes or publicly reproduces the software without permission in any way, or assists another person in doing so, is liable 21st February 2017 to prosecution. Unauthorized duplication of the software can be punished with a prison term of up to five years or with a fine. Copied media duplicated without permission may be confiscated by the prosecutor’s office and destroyed. In the event of violation of the agreements made here, in order to protect its intellectual property, Polygon Art expressly reserves the right to take all legal measures that the licensor is legally entitled to for the protection of its intellectual property.
TERMINATION
This licensing agreement is valid until it is terminated. Termination implies the destruction of the software as well as all copies. Polygon Art can cancel this licensing agreement with immediate effect in the event that you commit a significant violation of the licensing agreement or the terms of use. In such case you must promptly destroy the game without substitution and remove the game client from your hard drive. With valid cancellation of this agreement for whatever reason, all licenses granted herein are considered to be immediately terminated, without substitution.
FINAL PROVISIONS
If a provision of this agreement is or becomes wholly or partially invalid, the validity of the remaining provisions will remain unaffected. Invalid provisions shall be replaced with regulations having as close as possible the original meaning. This licensing agreement establishes and encompasses all legal agreements between the parties in relation to the subject matter of their agreement and replaces all former verbal or written agreements, whereby it is assumed that this agreement exists parallel to the terms of use and does not replace them. Polygon Art reserves the right unilaterally to update, amend or alter the terms of use. Revised versions of this licensing agreement will be posted on the Polygon Art website ( www. polygon-art.com).
Disclaimers and Limitation of Liability
Beyond Enemy Lines (“Product”) 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. Polygon Art (“Licensor”), 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, Polygon Art, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Product, (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 Product, or will not revoke approval of this Product 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 Polygon Art and Epic. Polygon Art, 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 Polygon Art, Epic, Epic’s licensors, nor its or their affiliates, nor any of Polygon Art’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 Polygon Art, Epic, Epic’s licensors, nor its or their affiliates, nor any of Polygon Art’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 Polygon Art’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 Polygon Art, 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 Polygon Art, Epic, Epic’s licensors, its and their affiliates, and any of Polygon Art’s or Epic’s service providers shall be limited to the full extent permitted by law.
This software programme and any files enabling you to play or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “materials”) and all works derived from this software programme and these materials (as a whole: the “game”) are both protected by copyright and trademark law. Each use of the game shall be subject to the terms of this End User License Agreement. The game shall be distributed and rented exclusively by authorized traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the game not expressly authorized by the terms of the License Agreement shall be expressly prohibited.
WARRANTY
Because of its complex nature, software can never be expected to be completely errorfree. Therefore, Polygon Art cannot guarantee that the contents of this product will meet your expectations, and that the software will run glitch-free under any possible conditions. Moreover, Polygon Art assumes no warranty for specific functions and results of this software in excess of the current minimum standard of software technology at the time this program was created. The same applies to the accuracy and/or completeness of the accompanying documentation. If the program should be defective upon delivery so that, despite appropriate handling, it cannot be used for the intended purpose, Polygon Art will either amend the product, deliver a new copy, or refund the purchase price within two years of the date of purchase. This applies exclusively to products purchased directly from Polygon Art. To claim this warranty, you must send the purchased product, along with your proof of purchase and a description of the error to the following address: contact@polygon-art.com assumes no further warranties for any direct or indirect damages resulting from the use of the product, unless these damages were caused through malicious intent or gross negligence, or such a warranty is compulsory by law. In any case, the amount of the warranty is restricted to the purchase price of the product. Under no circumstances will Polygon Art assume warranty for any unforeseeable or nontypical damages. Any claims you may have against the distributor where you purchased the product are not affected by this. Polygon Art assumes no warranty for damages incurred through inappropriate handling, in particular failure to comply with the instruction manual, incorrect initial operation, inappropriate treatment or unsuitable accessories, unless Polygon Art is responsible for such damages.
RIGHT OF USE
By purchasing this software, the user is guaranteed the non-exclusive personal right to install and use the software on a single computer. This right cannot be transferred, leased or loaned. Any other use without the copyright holder’s prior consent is prohibited. The creation of backup copies is only allowed within the scope of legal regulations. The program or parts thereof may not be passed on, licensed, leased, altered, translated, adapted or published, whether with or without cost. Decompiling, disassembling or otherwise converting the software back to a universally readable form, either wholly or in part, is expressly prohibited. Any person who duplicates, distributes or publicly reproduces the software without permission in any way, or assists another person in doing so, is liable 21st February 2017 to prosecution. Unauthorized duplication of the software can be punished with a prison term of up to five years or with a fine. Copied media duplicated without permission may be confiscated by the prosecutor’s office and destroyed. In the event of violation of the agreements made here, in order to protect its intellectual property, Polygon Art expressly reserves the right to take all legal measures that the licensor is legally entitled to for the protection of its intellectual property.
TERMINATION
This licensing agreement is valid until it is terminated. Termination implies the destruction of the software as well as all copies. Polygon Art can cancel this licensing agreement with immediate effect in the event that you commit a significant violation of the licensing agreement or the terms of use. In such case you must promptly destroy the game without substitution and remove the game client from your hard drive. With valid cancellation of this agreement for whatever reason, all licenses granted herein are considered to be immediately terminated, without substitution.
FINAL PROVISIONS
If a provision of this agreement is or becomes wholly or partially invalid, the validity of the remaining provisions will remain unaffected. Invalid provisions shall be replaced with regulations having as close as possible the original meaning. This licensing agreement establishes and encompasses all legal agreements between the parties in relation to the subject matter of their agreement and replaces all former verbal or written agreements, whereby it is assumed that this agreement exists parallel to the terms of use and does not replace them. Polygon Art reserves the right unilaterally to update, amend or alter the terms of use. Revised versions of this licensing agreement will be posted on the Polygon Art website ( www. polygon-art.com).
Disclaimers and Limitation of Liability
Beyond Enemy Lines (“Product”) 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. Polygon Art (“Licensor”), 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, Polygon Art, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Product, (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 Product, or will not revoke approval of this Product 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 Polygon Art and Epic. Polygon Art, 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 Polygon Art, Epic, Epic’s licensors, nor its or their affiliates, nor any of Polygon Art’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 Polygon Art, Epic, Epic’s licensors, nor its or their affiliates, nor any of Polygon Art’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 Polygon Art’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 Polygon Art, 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 Polygon Art, Epic, Epic’s licensors, its and their affiliates, and any of Polygon Art’s or Epic’s service providers shall be limited to the full extent permitted by law.