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Bartigo END USER LICENSE AGREEMENT (EULA)
November 18, 2016
This is the End User License Agreement (EULA) for "Bartigo." Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. This EULA is the binding legal agreement between you, the individual end user ("you"), and ShmannGames ("ShmannGames", "we", "us"), a Limited Liability Company, for the download, purchase, and use of the game "Bartigo" ("B"). For purposes of this Agreement the "B" means collectively the interactive video game client "Bartigo" and all applicable client software (including, among other things, installer software, the game client, servers, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our websites, http://www.shmann.de and http://www.shmann.de, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
LIMITED USE LICENSE
ShmannGames retains all right, title, and interest to B, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, computer codes, settings, artwork, sound effects, musical works, and moral rights. B is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. We prohibit any copying, reproduction, and circumvention of technology of B beyond the terms of this license. B is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of B is contingent upon your compliance with this EULA.
If you violate any of the terms of this EULA, all of your right to use B will immediately end, without any further notification from ShmannGames or anyone else. Once your license is terminated, you will be obliged to immediately uninstall B and all of its components.
CONTENT AND VIRTUAL ITEMS
In no way can virtual currency ("Units"), or virtual items can be redeemed for real-world currency, goods, or other items of monetary value from any party. Transfers of Units are strictly prohibited. This means you may not buy, sell, transfer, or exchange Units for real-world currency or otherwise exchange virtual items for value outside of B.
You acknowledge and agree that all virtual items represent a limited license right for your personal, private, non-commercial, non-transferable, and limited use governed by this EULA and are not redeemable for any sum of money or monetary value from ShmannGames at any time. In the event that your account is terminated or suspended for any reason, in ShmannGame's sole and absolute discretion, you forfeit any and all Units and virtual items. ShmannGames has the absolute right to manage, regulate, control, modify, and/or eliminate Units and/or virtual items as it sees fit in its sole discretion, and ShmannGames shall have no liability to you or anyone for the exercise of such rights.
COMMERCIAL EXPLOITATION
You may not use B for any commercial purposes without the prior written consent of ShmannGames or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate B in a "pay for play" environment provided that all computers used have validly licensed B installed, such as B having been properly purchased through one of our licensees. 2. You may not, without prior written consent from ShmannGames, operate B in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$5,000.00.
RESTRICTIONS ON USE
We want you to enjoy our products for years to come, and we want to be able to continue to make awesome games, so you need to be aware that there are some things you cannot do with B.
Here is a list of restrictions to your use of B under this EULA:
You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on B, disassemble, or otherwise reproduce B.
Except as set forth herein, you may not rent, sell, lease, barter, sublicense, or distribute B.
You may not remove, disable or circumvent any security protections, copyright notices, or any other proprietary notices contained on or within the original copy of B.
You may not offer B on a pay per play basis or otherwise commercially exploit B or use B for any commercial purpose except as described in this agreement.
You may not electronically transmit B from one computer to another or over a network except as described in this agreement.
You may not restrict or inhibit any other player from using and enjoying any online features of B.
CHEATING POLICY
Nobody likes a cheater and we don't tolerate cheaters in B.
If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of B or any B servers to gain any advantage in multiplayer play of B, you are in breach of this EULA.
It is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, advertise, distribute, or use of any software program or any modification to B ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on the Internet, or any other network.
Hacking into the executable of B or any other use of B in connection with the creation, development, or use of any such unauthorized Cheats are prohibited under this EULA. Cheats include, but are not limited to:
programs that tamper with/modify Units, restrict other players from earning Units through gameplay, or enable the farming of Units;
programs that allow players to see through walls or other level geometry (software or hardware "wall hacks");
programs that let players change their rate of speed outside the allowable limits of B ("speed hacks");
programs that crash any other players, PC clients, or network servers;
automation software (bots and/or autoclickers);
programs that automatically target other players or that automatically simulate any other player input to gain an advantage over other players ("aimbots");
or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
We reserve the right to prohibit your access and/or ability to use Inventory services related to B, earn Units, host network/game servers, and/or communicate with other online players.
If you are caught cheating, we may irrevocably tag you as a cheater in-game whenever any other player participates in an online game with you.
It is your responsibility to keep your B account in good standing, including, but not limited to your:
Units;
choice of network/game servers;
virtual items;
or any Cheat that could affect your account.
TERMINATION
This license is effective until one of us terminates it. You may terminate this license at any time by destroying the Software and related documentation. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to ShmannGames prior to any termination. We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. If this Agreement terminates due to your violation of this EULA, then we may prohibit you from re-accessing B.
OFFICIAL SERVERS
ShmannGames provides, for no additional fee, online network/game servers managed by ShmannGames ("Official Servers"). Official Servers are tagged in the server browser with the words "SHMANN" on a solid red colored background.
Official Servers and economy servers are subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable. ShmannGames may on occasion need to interrupt the operation of Official Servers and economy servers (whether intentional or not), and you understand you will not be entitled to any refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom.
By accessing, participating on, or otherwise using Official Servers of B, you agree to the following:
I. You will not present any content through chat features or other features of B that:
A. Contains offensive, profane, harassing, defamatory, inappropriate, racist, sexist, homophobic, threatening, infringing, obscene, or unlawful material;
B. Contains slanderous or libelous comments about other users, ShmannGames employees or contractors, or other individuals;
C. Contains personal information about any individual;
D. Violates the privacy of any other individual or entity;
E. Contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;
F. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of ShmannGame's systems or a third party's computer;
G. Undermines the operation of a forum, chat room, or other feature; or
H. Infringes upon the rights of any third party.
II. ShmannGames reserves the right to moderate the Official Servers at our discretion and have final say on actions taken upon your account.
III. You understand and agree that ShmannGames may remove postings that contain objectionable material, spam, or otherwise violates the foregoing terms.
IV. You agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
V. You understand that we reserve the right to disable your access temporarily or permanently to Official Servers with or without notice.
VI. You understand that violation of the foregoing terms concerning Official Servers will not terminate your EULA with us.
ShmannGames may also, in its sole discretion and at any time, discontinue the online functionality of Official Servers and/or economy servers or any part thereof, with or without notice. You agree that you do not have any rights in any such services and that ShmannGames will have no liability to you if any Official Servers and/or economy servers are discontinued or your ability to access them is terminated.
ShmannGames is not responsible for any other servers that are not Official Servers.
ONLINE FEATURES
By participating in the online content of B, you acknowledge that you may come across material that you find offensive. ShmannGames disclaims any responsibility for any such offensive material, and all content presented by third parties. ShmannGames has no responsibility for such content and is merely providing access to such content as a service to you.
COPYRIGHT
B and all copyrights, trademarks and all other conceivable intellectual property rights related to B are owned by ShmannGames or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. B must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. B was created through the efforts of many people who earn their livelihood from its lawful use. Please don't make copies for others who have not paid for the right to use it. To report copyright violations to the Software & Information Industry Association, call 1-800-388-PIR8 or write: SIIA Main Office, 1090 Vermont Ave NW Sixth Floor, Washington, D.C. 20005.
DISCLAIMER OF WARRANTY
You expressly acknowledge and agree that use of B and the media on which it is recorded, if any, is at your sole risk. B is provided "AS IS." without any warranty of any kind. SHMANNGAMES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF B WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN B WILL BE CORRECTED. FURTHERMORE, SHMANNGAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF B OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL SHMANNGAMES OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, CONTRACTORS, LICENSEES, SUBLICENSEES, SUPPLIERS, OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA AND/OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING LOST DATA, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING B. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for B.
CONTROLLING LAW AND SEVERABILITY
This Agreement shall be construed under Washington state law as such law is applied to agreements between Washington residents entered into and to be performed within Washington, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts in Redmond, Washington. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
DISPUTE RESOLUTION
Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of B will attempt to informally negotiate a potential settlement or resolution to the dispute;
Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association's online arbitration procedures to resolve the dispute.
Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Redmond, Washington
Our failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by ShmannGames of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of ShmannGames shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.
EQUITABLE REMEDIES
You agree that ShmannGames would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that ShmannGames shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies to ShmannGames will not limit its ability to receive remedies that are otherwise available to ShmannGames under applicable laws.
LEGAL FEES
In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney's fees in connection with such action.
EXPORT CONTROLS
You may not ship or export B to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize B in violation of any applicable law. B may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
COMPLETE AGREEMENT
This EULA constitutes the entire agreement between the parties with respect to the use of B and the related materials and software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. ShmannGames reserves the right to modify the terms of this EULA from time to time and will post notice of materials changes somewhere within http://www.shmann.de.
ACCEPTANCE OF TERMS
By selection that "I Agree" choice during the install and installing of B, you agree to all the terms of this EULA.
We hope you enjoy playing B.
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Unreal Engine Disclaimers and Limitation of Liability
Bartigo 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. ShmannGames, 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, ShmannGames, Epic, and Epic's affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Bartigo, (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 Bartigo, or will not revoke approval of this Bartigo 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 ShmannGames and Epic. ShmannGames, 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 ShmannGames, Epic, Epic's licensors, nor its or their affiliates, nor any of ShmannGame'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 ShmannGames, Epic, Epic's licensors, nor its or their affiliates, nor any of ShmannGame'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 ShmannGame'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 ShmannGames, 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 ShmannGames, Epic, Epic's licensors, its and their affiliates, and any of ShmannGame's or Epic's service providers shall be limited to the full extent permitted by law.
November 18, 2016
This is the End User License Agreement (EULA) for "Bartigo." Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. This EULA is the binding legal agreement between you, the individual end user ("you"), and ShmannGames ("ShmannGames", "we", "us"), a Limited Liability Company, for the download, purchase, and use of the game "Bartigo" ("B"). For purposes of this Agreement the "B" means collectively the interactive video game client "Bartigo" and all applicable client software (including, among other things, installer software, the game client, servers, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our websites, http://www.shmann.de and http://www.shmann.de, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
LIMITED USE LICENSE
ShmannGames retains all right, title, and interest to B, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, computer codes, settings, artwork, sound effects, musical works, and moral rights. B is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. We prohibit any copying, reproduction, and circumvention of technology of B beyond the terms of this license. B is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of B is contingent upon your compliance with this EULA.
If you violate any of the terms of this EULA, all of your right to use B will immediately end, without any further notification from ShmannGames or anyone else. Once your license is terminated, you will be obliged to immediately uninstall B and all of its components.
CONTENT AND VIRTUAL ITEMS
In no way can virtual currency ("Units"), or virtual items can be redeemed for real-world currency, goods, or other items of monetary value from any party. Transfers of Units are strictly prohibited. This means you may not buy, sell, transfer, or exchange Units for real-world currency or otherwise exchange virtual items for value outside of B.
You acknowledge and agree that all virtual items represent a limited license right for your personal, private, non-commercial, non-transferable, and limited use governed by this EULA and are not redeemable for any sum of money or monetary value from ShmannGames at any time. In the event that your account is terminated or suspended for any reason, in ShmannGame's sole and absolute discretion, you forfeit any and all Units and virtual items. ShmannGames has the absolute right to manage, regulate, control, modify, and/or eliminate Units and/or virtual items as it sees fit in its sole discretion, and ShmannGames shall have no liability to you or anyone for the exercise of such rights.
COMMERCIAL EXPLOITATION
You may not use B for any commercial purposes without the prior written consent of ShmannGames or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate B in a "pay for play" environment provided that all computers used have validly licensed B installed, such as B having been properly purchased through one of our licensees. 2. You may not, without prior written consent from ShmannGames, operate B in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$5,000.00.
RESTRICTIONS ON USE
We want you to enjoy our products for years to come, and we want to be able to continue to make awesome games, so you need to be aware that there are some things you cannot do with B.
Here is a list of restrictions to your use of B under this EULA:
You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on B, disassemble, or otherwise reproduce B.
Except as set forth herein, you may not rent, sell, lease, barter, sublicense, or distribute B.
You may not remove, disable or circumvent any security protections, copyright notices, or any other proprietary notices contained on or within the original copy of B.
You may not offer B on a pay per play basis or otherwise commercially exploit B or use B for any commercial purpose except as described in this agreement.
You may not electronically transmit B from one computer to another or over a network except as described in this agreement.
You may not restrict or inhibit any other player from using and enjoying any online features of B.
CHEATING POLICY
Nobody likes a cheater and we don't tolerate cheaters in B.
If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of B or any B servers to gain any advantage in multiplayer play of B, you are in breach of this EULA.
It is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, advertise, distribute, or use of any software program or any modification to B ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on the Internet, or any other network.
Hacking into the executable of B or any other use of B in connection with the creation, development, or use of any such unauthorized Cheats are prohibited under this EULA. Cheats include, but are not limited to:
programs that tamper with/modify Units, restrict other players from earning Units through gameplay, or enable the farming of Units;
programs that allow players to see through walls or other level geometry (software or hardware "wall hacks");
programs that let players change their rate of speed outside the allowable limits of B ("speed hacks");
programs that crash any other players, PC clients, or network servers;
automation software (bots and/or autoclickers);
programs that automatically target other players or that automatically simulate any other player input to gain an advantage over other players ("aimbots");
or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
We reserve the right to prohibit your access and/or ability to use Inventory services related to B, earn Units, host network/game servers, and/or communicate with other online players.
If you are caught cheating, we may irrevocably tag you as a cheater in-game whenever any other player participates in an online game with you.
It is your responsibility to keep your B account in good standing, including, but not limited to your:
Units;
choice of network/game servers;
virtual items;
or any Cheat that could affect your account.
TERMINATION
This license is effective until one of us terminates it. You may terminate this license at any time by destroying the Software and related documentation. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to ShmannGames prior to any termination. We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. If this Agreement terminates due to your violation of this EULA, then we may prohibit you from re-accessing B.
OFFICIAL SERVERS
ShmannGames provides, for no additional fee, online network/game servers managed by ShmannGames ("Official Servers"). Official Servers are tagged in the server browser with the words "SHMANN" on a solid red colored background.
Official Servers and economy servers are subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable. ShmannGames may on occasion need to interrupt the operation of Official Servers and economy servers (whether intentional or not), and you understand you will not be entitled to any refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom.
By accessing, participating on, or otherwise using Official Servers of B, you agree to the following:
I. You will not present any content through chat features or other features of B that:
A. Contains offensive, profane, harassing, defamatory, inappropriate, racist, sexist, homophobic, threatening, infringing, obscene, or unlawful material;
B. Contains slanderous or libelous comments about other users, ShmannGames employees or contractors, or other individuals;
C. Contains personal information about any individual;
D. Violates the privacy of any other individual or entity;
E. Contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;
F. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of ShmannGame's systems or a third party's computer;
G. Undermines the operation of a forum, chat room, or other feature; or
H. Infringes upon the rights of any third party.
II. ShmannGames reserves the right to moderate the Official Servers at our discretion and have final say on actions taken upon your account.
III. You understand and agree that ShmannGames may remove postings that contain objectionable material, spam, or otherwise violates the foregoing terms.
IV. You agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
V. You understand that we reserve the right to disable your access temporarily or permanently to Official Servers with or without notice.
VI. You understand that violation of the foregoing terms concerning Official Servers will not terminate your EULA with us.
ShmannGames may also, in its sole discretion and at any time, discontinue the online functionality of Official Servers and/or economy servers or any part thereof, with or without notice. You agree that you do not have any rights in any such services and that ShmannGames will have no liability to you if any Official Servers and/or economy servers are discontinued or your ability to access them is terminated.
ShmannGames is not responsible for any other servers that are not Official Servers.
ONLINE FEATURES
By participating in the online content of B, you acknowledge that you may come across material that you find offensive. ShmannGames disclaims any responsibility for any such offensive material, and all content presented by third parties. ShmannGames has no responsibility for such content and is merely providing access to such content as a service to you.
COPYRIGHT
B and all copyrights, trademarks and all other conceivable intellectual property rights related to B are owned by ShmannGames or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. B must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. B was created through the efforts of many people who earn their livelihood from its lawful use. Please don't make copies for others who have not paid for the right to use it. To report copyright violations to the Software & Information Industry Association, call 1-800-388-PIR8 or write: SIIA Main Office, 1090 Vermont Ave NW Sixth Floor, Washington, D.C. 20005.
DISCLAIMER OF WARRANTY
You expressly acknowledge and agree that use of B and the media on which it is recorded, if any, is at your sole risk. B is provided "AS IS." without any warranty of any kind. SHMANNGAMES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF B WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN B WILL BE CORRECTED. FURTHERMORE, SHMANNGAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF B OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL SHMANNGAMES OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, CONTRACTORS, LICENSEES, SUBLICENSEES, SUPPLIERS, OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA AND/OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING LOST DATA, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING B. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for B.
CONTROLLING LAW AND SEVERABILITY
This Agreement shall be construed under Washington state law as such law is applied to agreements between Washington residents entered into and to be performed within Washington, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts in Redmond, Washington. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
DISPUTE RESOLUTION
Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of B will attempt to informally negotiate a potential settlement or resolution to the dispute;
Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association's online arbitration procedures to resolve the dispute.
Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Redmond, Washington
Our failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by ShmannGames of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of ShmannGames shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.
EQUITABLE REMEDIES
You agree that ShmannGames would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that ShmannGames shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies to ShmannGames will not limit its ability to receive remedies that are otherwise available to ShmannGames under applicable laws.
LEGAL FEES
In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney's fees in connection with such action.
EXPORT CONTROLS
You may not ship or export B to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize B in violation of any applicable law. B may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
COMPLETE AGREEMENT
This EULA constitutes the entire agreement between the parties with respect to the use of B and the related materials and software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. ShmannGames reserves the right to modify the terms of this EULA from time to time and will post notice of materials changes somewhere within http://www.shmann.de.
ACCEPTANCE OF TERMS
By selection that "I Agree" choice during the install and installing of B, you agree to all the terms of this EULA.
We hope you enjoy playing B.
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Unreal Engine Disclaimers and Limitation of Liability
Bartigo 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. ShmannGames, 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, ShmannGames, Epic, and Epic's affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Bartigo, (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 Bartigo, or will not revoke approval of this Bartigo 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 ShmannGames and Epic. ShmannGames, 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 ShmannGames, Epic, Epic's licensors, nor its or their affiliates, nor any of ShmannGame'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 ShmannGames, Epic, Epic's licensors, nor its or their affiliates, nor any of ShmannGame'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 ShmannGame'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 ShmannGames, 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 ShmannGames, Epic, Epic's licensors, its and their affiliates, and any of ShmannGame's or Epic's service providers shall be limited to the full extent permitted by law.