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Terms of Use
This End-User License Agreement (the "EULA") is a legal agreement between you ("Licensee") and Makketron LLC ("Licensor"), a company based in Michigan and the author of the video game "Siege And Destroy", (the "Game"), the deliverable provided pursuant to this EULA, which may include software, materials, information, associated media, printed materials, and "online" or electronic documentation.
If you are a minor or below the age of majority in your jurisdiction, please make sure that either of your parents or guardian reads and accepts these documents on your behalf prior to installing or using the Game. Parents or guardians must watch their children while using the Game and playing the Game.
By installing or otherwise using the Game, the Licensee agrees to be bound by the terms and conditions set forth in this EULA, and to be solely responsible for any/all damages occurring during game play . If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Game.
You agree that Licensor may amend this Agreement at any time by posting the amended terms on the website or game forums. You agree that Licensor may or may not post notices about the change.
Disclaimers and Limitation of Liability
The Game is a virtual reality game, and hence provides an immersive virtual reality experience. You must always be aware of your surroundings at all times when you are playing the Game or preparing to play the Game, or finished playing the Game.
Please consult with your doctor before playing the Game. Users with history of epileptic symptoms must consult a physician before playing the Game. Users may experience motion sickness, injuries resulting from repetitive motion, and eyestrain as the result of their use of the Game.
If you experience loss of consciousness or awareness, eye or muscle twitching, altered vision, any convulsions, involuntary movements, or disorientation, or any other symptom which you think is related to the Game, or symptoms you don't understand, please stop playing the Game immediately and consult a physician immediately. Users are highly recommended to take 15 minutes breaks at least every 30 minutes to limit the risk of injury or other adverse impacts on health.
Your senses with your surroundings may be inhibited when you are using the Virtual Reality equipment. You may not be able to see or hear everything or anything around you. You agree that you take necessary precautions to ensure the safety of yourself and those around you, including but not limited to, humans, pets, plants, and objects of any value or no value.
Although the Game is designed to be played while standing, you still require a safe area and free of any potential hazard. You must ensure that you have a minimum of 6ft by 6ft unobstructed play area. Also ensure that sound volumes are kept at enough low levels at all times in order to keep awareness of your surroundings while playing the Game. Be aware that playing sounds at high level can cause damage to your hearing. By accepting this agreement, you agree that you are responsible to make your play are safe and that you, and only you, are responsible for any damage to property, any injury (serious or not), or any death.
The 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. 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, Licensor, 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 Game, 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 Licensor and Epic. Licensor, 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 Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’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 Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’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 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 Licensor’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 Licensor, 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.
Additionally, Licensor disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Game, 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 Licensor 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, Licensor makes no warranty that (1) the Game will operate as Licensee expectations, (2) that the Game will meet Licensee’s requirements, (3) that the operation of the Game will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Game can or will be corrected, (5) that the Game is 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 Game, 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 Licensor. Moreover, Licensor does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Game. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, Licensor, shall not be liable in any way for loss or damage of any kind resulting from the use or inability to use the Game 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 Licensor nor any of Licensor’s or 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 Game, or the delay or inability to use or lack of functionality of the Game, even in the event of Licensor’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Licensor has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. These Limitations shall apply regardless of the essential purpose of any limited remedy. UNDER NO CIRCUMSTANCES SHALL MAKKETRON LLC’s OR ITS MEMBERS AGGREGATE LIABILITY TO THE LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY THE LICENSEE TO PURCHASE THE GAME.
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 Licensor, Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers shall be limited to the full extent permitted by law.
Notice of Game and materials change
THE MATERIALS WHICH APPEAR IN THE GAME IS NOT GUARANTEED OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE GAME MAY CHANGE WITH TIME WITHOUT ANY PREVIOUS NOTICE OR CONSENT.
Grant of License
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a non-exclusive license to possess and to use a copy of the Game, as long as the Licensee abides by the terms and conditions of the Game distributor through which the Licensee purchased the copy of the Game.
Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Game, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
Intellectual Property
All now known or hereafter, known tangible and intangible rights, title, copyrights and other rights in and to the Game, including but not limited to all images, photographs, videos, animations, audio, music, text, data, computer code, algorithms and information are either owned by Licensor, or, if indicated, licensed by Licensor. The Game is protected by all applicable copyright laws and international treaties.
No Support
Licensor has no obligation to provide support services for the Game.
Duration. This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA, or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you agree that you must cease use of the Game and destroy all copies of the Game.
Jurisdiction
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Michigan, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Oakland County in Michigan, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys' fees. This EULA is made with the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party's election.
Notices
You agree that for any notice, report, or legal document, a copy shall be made in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered or verified mail, postage prepaid to the address of Licensor as set forth in Michigan's official records, which can be found at:
http://www.michigan.gov/lara/
Severability
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any course of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
This End-User License Agreement (the "EULA") is a legal agreement between you ("Licensee") and Makketron LLC ("Licensor"), a company based in Michigan and the author of the video game "Siege And Destroy", (the "Game"), the deliverable provided pursuant to this EULA, which may include software, materials, information, associated media, printed materials, and "online" or electronic documentation.
If you are a minor or below the age of majority in your jurisdiction, please make sure that either of your parents or guardian reads and accepts these documents on your behalf prior to installing or using the Game. Parents or guardians must watch their children while using the Game and playing the Game.
By installing or otherwise using the Game, the Licensee agrees to be bound by the terms and conditions set forth in this EULA, and to be solely responsible for any/all damages occurring during game play . If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Game.
You agree that Licensor may amend this Agreement at any time by posting the amended terms on the website or game forums. You agree that Licensor may or may not post notices about the change.
Disclaimers and Limitation of Liability
The Game is a virtual reality game, and hence provides an immersive virtual reality experience. You must always be aware of your surroundings at all times when you are playing the Game or preparing to play the Game, or finished playing the Game.
Please consult with your doctor before playing the Game. Users with history of epileptic symptoms must consult a physician before playing the Game. Users may experience motion sickness, injuries resulting from repetitive motion, and eyestrain as the result of their use of the Game.
If you experience loss of consciousness or awareness, eye or muscle twitching, altered vision, any convulsions, involuntary movements, or disorientation, or any other symptom which you think is related to the Game, or symptoms you don't understand, please stop playing the Game immediately and consult a physician immediately. Users are highly recommended to take 15 minutes breaks at least every 30 minutes to limit the risk of injury or other adverse impacts on health.
Your senses with your surroundings may be inhibited when you are using the Virtual Reality equipment. You may not be able to see or hear everything or anything around you. You agree that you take necessary precautions to ensure the safety of yourself and those around you, including but not limited to, humans, pets, plants, and objects of any value or no value.
Although the Game is designed to be played while standing, you still require a safe area and free of any potential hazard. You must ensure that you have a minimum of 6ft by 6ft unobstructed play area. Also ensure that sound volumes are kept at enough low levels at all times in order to keep awareness of your surroundings while playing the Game. Be aware that playing sounds at high level can cause damage to your hearing. By accepting this agreement, you agree that you are responsible to make your play are safe and that you, and only you, are responsible for any damage to property, any injury (serious or not), or any death.
The 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. 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, Licensor, 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 Game, 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 Licensor and Epic. Licensor, 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 Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’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 Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’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 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 Licensor’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 Licensor, 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.
Additionally, Licensor disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Game, 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 Licensor 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, Licensor makes no warranty that (1) the Game will operate as Licensee expectations, (2) that the Game will meet Licensee’s requirements, (3) that the operation of the Game will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Game can or will be corrected, (5) that the Game is 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 Game, 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 Licensor. Moreover, Licensor does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Game. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, Licensor, shall not be liable in any way for loss or damage of any kind resulting from the use or inability to use the Game 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 Licensor nor any of Licensor’s or 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 Game, or the delay or inability to use or lack of functionality of the Game, even in the event of Licensor’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Licensor has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. These Limitations shall apply regardless of the essential purpose of any limited remedy. UNDER NO CIRCUMSTANCES SHALL MAKKETRON LLC’s OR ITS MEMBERS AGGREGATE LIABILITY TO THE LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY THE LICENSEE TO PURCHASE THE GAME.
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 Licensor, Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers shall be limited to the full extent permitted by law.
Notice of Game and materials change
THE MATERIALS WHICH APPEAR IN THE GAME IS NOT GUARANTEED OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE GAME MAY CHANGE WITH TIME WITHOUT ANY PREVIOUS NOTICE OR CONSENT.
Grant of License
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a non-exclusive license to possess and to use a copy of the Game, as long as the Licensee abides by the terms and conditions of the Game distributor through which the Licensee purchased the copy of the Game.
Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Game, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
Intellectual Property
All now known or hereafter, known tangible and intangible rights, title, copyrights and other rights in and to the Game, including but not limited to all images, photographs, videos, animations, audio, music, text, data, computer code, algorithms and information are either owned by Licensor, or, if indicated, licensed by Licensor. The Game is protected by all applicable copyright laws and international treaties.
No Support
Licensor has no obligation to provide support services for the Game.
Duration. This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA, or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you agree that you must cease use of the Game and destroy all copies of the Game.
Jurisdiction
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Michigan, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Oakland County in Michigan, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys' fees. This EULA is made with the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party's election.
Notices
You agree that for any notice, report, or legal document, a copy shall be made in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered or verified mail, postage prepaid to the address of Licensor as set forth in Michigan's official records, which can be found at:
http://www.michigan.gov/lara/
Severability
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any course of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.