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MAD DOG GAMES, LLC
END USER LICENSE AGREEMENT
This End User License Agreement (“License”) is an agreement between you and Mad Dog Games, LLC. (“Mad Dog Games”). This License governs your use of the game and any and all related documentation, and updates and upgrades that replace or supplement the game in any respect and which are not distributed with a separate license (collectively, the "Game"). This Game is licensed to you, not sold.
BY INSTALLING OR USING THE GAME, YOU AGREE TO THE TERMS OF THIS LICENSE; AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this License, then do not install or use the Game.
We reserve the right to modify this License at any time. Your continued use of our online and offline products and services will signify your acceptance of the changes to this License.
SECTIONS 2 AND 3, BELOW, DISCUSS THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR ONLINE BEHAVIOR AS WELL AS HOW IT IS SHARED BY MAD DOG GAMES AND THIRD PARTIES.
IF YOU DO NOT AGREE TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE GAME.
1. Limited License Grant and Terms of Use.
A. Grant. Through this purchase, you are acquiring and Mad Dog Games grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on a single, authorized device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your License shall commence on the date that you install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game; or Mad Dog Games’ termination of this License.
B. Further Restrictions. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by Mad Dog Games. Unless expressly authorized by Mad Dog Games, you are prohibited from making a copy of the Game available on a network where it could be used by multiple users. You are prohibited from making the Game available over a network where it could be downloaded by multiple users. You may not remove or alter Mad Dog Games’ trademarks or logos, or legal notices included in the Game or related assets. Your right to use the Game is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Game
C. Reservation of Rights. You have obtained a license to the Game and your rights are subject to this License. Except as expressly licensed to you herein, Mad Dog Games reserves all right, title and interest in the Game (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of Mad Dog Games and its licensors in the Game and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game. All rights not expressly granted herein are reserved by Mad Dog Games.
D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. Mad Dog Games does not guarantee that this Game can be accessed on all devices or service plans. Mad Dog Games does not guarantee that this Game is available in all geographic locations. You acknowledge that when you use this Game, your provider may charge you fees for data and/or other Internet access. Check with your provider to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS GAME FROM YOUR DEVICE.
E. Application Updates. You agree that the Game may automatically download and install updates, upgrades and additional features that Mad Dog Games deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Mad Dog Games may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
F. Digital Services. Mad Dog Games may offer, for purchase, virtual coins, points or other virtual currencies (each individually or collectively referred to in this License as “Virtual Currency”). By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license to access and select from content that Mad Dog Games expressly makes available as part of this Game (the “Digital Content”).
Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for Digital Content only. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. Virtual Currency is non-refundable. You are not entitled to a refund for any unused Virtual Currency.
During the term of your Virtual Currency license, you have the right to redeem Virtual Currency for selected Digital Content. Mad Dog Games does not guarantee that any particular item offered as part of this Game will be available at all times or at any given time. Mad Dog Games does not guarantee that we will continue to offer particular items for any particular length of time. Mad Dog Games reserves the right to change and update our inventory of Digital Content without notice to you.
When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial use with any specified permitted services that Mad Dog Games identifies from time to time. Mad Dog Games reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. This Digital Content license is limited to the intellectual property rights of Mad Dog Games in the Digital Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
Once you have redeemed Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for Virtual Currency or for cash, or other goods or services.
The term of your Virtual Currency and Digital Content license starts when you acquire Virtual Currency and/or Digital Content, and subject to this License, ends the day that your access to this Game is cancelled, suspended or terminated as set forth in this License
2. Consent to Use of Data.
To facilitate product support, product development and improvement as well as provide other services to you, you agree that Mad Dog Games may use cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding your device, User ID, user name, IP address, geo-location, device make and model, operating system, software and applications, including application usage data. In addition, Mad Dog Games and/or third parties may collect, store, use and transmit game play data, third party account authorization data, session data, browser identifiers, connection type, as well as online and Game usage and other purchase metrics, statistics and/or analytics. Mad Dog Games may use this information alone and in combination with information you provide to Mad Dog Games directly (if any) to help Mad Dog Games develop and improve its products and services, tailor and customize your experience and otherwise understand which Mad Dog Games apps you are using. Data collected by third parties will be collected, used, stored, transferred and disclosed pursuant to the third party’s privacy policy. For data collected by or transferred to Mad Dog Games, Mad Dog Games may collect, use, store, share and transmit this information to third parties in a form that does not personally identify. Further, Mad Dog Games operates in several countries. Personal information collected from or submitted by you through a Game may be transferred to and stored on servers and equipment located in a destination outside your country of residence. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom Mad Dog Games has contracted to receive, store and process your personal information. In addition, Mad Dog Games and those third parties that it has designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through a Game, you agree to the transfer, storage and processing of your personal information as described in this section.
3. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploading of content, Mad Dog Games may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements).
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Mad Dog Games if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of Mad Dog Games’ other rights or remedies at law or in equity. Sections 1(E), 2 through 16, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
5. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. MAD DOG GAMES AND MAD DOG GAMES’ LICENSORS (COLLECTIVELY “MAD DOG GAMES” FOR PURPOSES OF THIS SECTION AND SECTION 9) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MAD DOG GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY MAD DOG GAMES OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MAD DOG GAMES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT MAD DOG GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Mad Dog Games’ total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application.
7. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
8. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
9. Governing Law. The laws of the State of Florida govern this License and/or your use of the Application.
10. Entire Agreement. This License constitutes the entire agreement between you and Mad Dog Games with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by Mad Dog Games.
Supplemental Terms For Epic Game / Unreal Engine 4
Game 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. Mad Dog Games, 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, Mad Dog Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the [NBA Playgrounds], (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 [NBA Playgrounds], or will not revoke approval of this Game 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 Mad Dog Games and Epic. Mad Dog Games, 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 Mad Dog Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mad Dog Games’ 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 EULA, 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 Mad Dog Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mad Dog Games’ 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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Mad Dog Games’, 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 Mad Dog Games’, 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 Mad Dog Games, Epic, Epic’s licensors, its and their affiliates, and any of Mad Dog Games’ or Epic’s service providers shall be limited to the full extent permitted by law.
END USER LICENSE AGREEMENT
This End User License Agreement (“License”) is an agreement between you and Mad Dog Games, LLC. (“Mad Dog Games”). This License governs your use of the game and any and all related documentation, and updates and upgrades that replace or supplement the game in any respect and which are not distributed with a separate license (collectively, the "Game"). This Game is licensed to you, not sold.
BY INSTALLING OR USING THE GAME, YOU AGREE TO THE TERMS OF THIS LICENSE; AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this License, then do not install or use the Game.
We reserve the right to modify this License at any time. Your continued use of our online and offline products and services will signify your acceptance of the changes to this License.
SECTIONS 2 AND 3, BELOW, DISCUSS THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR ONLINE BEHAVIOR AS WELL AS HOW IT IS SHARED BY MAD DOG GAMES AND THIRD PARTIES.
IF YOU DO NOT AGREE TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE GAME.
1. Limited License Grant and Terms of Use.
A. Grant. Through this purchase, you are acquiring and Mad Dog Games grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on a single, authorized device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your License shall commence on the date that you install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game; or Mad Dog Games’ termination of this License.
B. Further Restrictions. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by Mad Dog Games. Unless expressly authorized by Mad Dog Games, you are prohibited from making a copy of the Game available on a network where it could be used by multiple users. You are prohibited from making the Game available over a network where it could be downloaded by multiple users. You may not remove or alter Mad Dog Games’ trademarks or logos, or legal notices included in the Game or related assets. Your right to use the Game is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Game
C. Reservation of Rights. You have obtained a license to the Game and your rights are subject to this License. Except as expressly licensed to you herein, Mad Dog Games reserves all right, title and interest in the Game (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of Mad Dog Games and its licensors in the Game and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game. All rights not expressly granted herein are reserved by Mad Dog Games.
D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. Mad Dog Games does not guarantee that this Game can be accessed on all devices or service plans. Mad Dog Games does not guarantee that this Game is available in all geographic locations. You acknowledge that when you use this Game, your provider may charge you fees for data and/or other Internet access. Check with your provider to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS GAME FROM YOUR DEVICE.
E. Application Updates. You agree that the Game may automatically download and install updates, upgrades and additional features that Mad Dog Games deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Mad Dog Games may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
F. Digital Services. Mad Dog Games may offer, for purchase, virtual coins, points or other virtual currencies (each individually or collectively referred to in this License as “Virtual Currency”). By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license to access and select from content that Mad Dog Games expressly makes available as part of this Game (the “Digital Content”).
Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for Digital Content only. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. Virtual Currency is non-refundable. You are not entitled to a refund for any unused Virtual Currency.
During the term of your Virtual Currency license, you have the right to redeem Virtual Currency for selected Digital Content. Mad Dog Games does not guarantee that any particular item offered as part of this Game will be available at all times or at any given time. Mad Dog Games does not guarantee that we will continue to offer particular items for any particular length of time. Mad Dog Games reserves the right to change and update our inventory of Digital Content without notice to you.
When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial use with any specified permitted services that Mad Dog Games identifies from time to time. Mad Dog Games reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. This Digital Content license is limited to the intellectual property rights of Mad Dog Games in the Digital Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
Once you have redeemed Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for Virtual Currency or for cash, or other goods or services.
The term of your Virtual Currency and Digital Content license starts when you acquire Virtual Currency and/or Digital Content, and subject to this License, ends the day that your access to this Game is cancelled, suspended or terminated as set forth in this License
2. Consent to Use of Data.
To facilitate product support, product development and improvement as well as provide other services to you, you agree that Mad Dog Games may use cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding your device, User ID, user name, IP address, geo-location, device make and model, operating system, software and applications, including application usage data. In addition, Mad Dog Games and/or third parties may collect, store, use and transmit game play data, third party account authorization data, session data, browser identifiers, connection type, as well as online and Game usage and other purchase metrics, statistics and/or analytics. Mad Dog Games may use this information alone and in combination with information you provide to Mad Dog Games directly (if any) to help Mad Dog Games develop and improve its products and services, tailor and customize your experience and otherwise understand which Mad Dog Games apps you are using. Data collected by third parties will be collected, used, stored, transferred and disclosed pursuant to the third party’s privacy policy. For data collected by or transferred to Mad Dog Games, Mad Dog Games may collect, use, store, share and transmit this information to third parties in a form that does not personally identify. Further, Mad Dog Games operates in several countries. Personal information collected from or submitted by you through a Game may be transferred to and stored on servers and equipment located in a destination outside your country of residence. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom Mad Dog Games has contracted to receive, store and process your personal information. In addition, Mad Dog Games and those third parties that it has designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through a Game, you agree to the transfer, storage and processing of your personal information as described in this section.
3. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploading of content, Mad Dog Games may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements).
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Mad Dog Games if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of Mad Dog Games’ other rights or remedies at law or in equity. Sections 1(E), 2 through 16, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
5. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. MAD DOG GAMES AND MAD DOG GAMES’ LICENSORS (COLLECTIVELY “MAD DOG GAMES” FOR PURPOSES OF THIS SECTION AND SECTION 9) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MAD DOG GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY MAD DOG GAMES OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MAD DOG GAMES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT MAD DOG GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Mad Dog Games’ total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application.
7. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
8. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
9. Governing Law. The laws of the State of Florida govern this License and/or your use of the Application.
10. Entire Agreement. This License constitutes the entire agreement between you and Mad Dog Games with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by Mad Dog Games.
Supplemental Terms For Epic Game / Unreal Engine 4
Game 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. Mad Dog Games, 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, Mad Dog Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the [NBA Playgrounds], (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 [NBA Playgrounds], or will not revoke approval of this Game 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 Mad Dog Games and Epic. Mad Dog Games, 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 Mad Dog Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mad Dog Games’ 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 EULA, 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 Mad Dog Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mad Dog Games’ 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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Mad Dog Games’, 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 Mad Dog Games’, 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 Mad Dog Games, Epic, Epic’s licensors, its and their affiliates, and any of Mad Dog Games’ or Epic’s service providers shall be limited to the full extent permitted by law.