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Despoiler
Copyright (c) 2018 Elliot Gray
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Despoiler("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Elliot Gray your use of Despoiler indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Elliot Gray grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Despoiler in accordance with this Agreement and any other written agreement with Elliot Gray. Elliot Gray does not transfer the title of Despoiler to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Elliot Gray and the purchasers or users of Despoiler.
If you do not agree to be bound by this agreement, remove Despoiler from your computer now and, if applicable, promptly return to Elliot Gray by mail any copies of Despoiler and related documentation and packaging in your possession.
2. DISTRIBUTION
Despoiler and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Despoiler contact Elliot Gray.
3. USER AGREEMENT
3.1 Use
Your license to use Despoiler is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Despoiler.
3.2 Use Restrictions
You shall use Despoiler in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Despoiler together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Despoiler may be used on one single computer location by one user. Use of Despoiler means that you have loaded, installed, or run Despoiler on a computer or similar device. If you install Despoiler onto a multi-user platform, server or network, each and every individual user of Despoiler must be licensed separately.
You may make one copy of Despoiler for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Despoiler . The assignment, sublicense, networking, sale, or distribution of copies of Despoiler are strictly forbidden without the prior written consent of Elliot Gray. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Despoiler. If any person other than yourself uses Despoiler registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Despoiler. Nor can you create any derivative works or other works that are based upon or derived from Despoiler in whole or in part.
Elliot Gray's name, logo and graphics file that represents Despoiler shall not be used in any way to promote products developed with Despoiler . Elliot Gray retains sole and exclusive ownership of all right, title and interest in and to Despoiler and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Despoiler, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Elliot Gray.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Elliot Gray, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Elliot Gray's Software.
In no event (including, without limitation, in the event of negligence) will Elliot Gray , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Despoiler or the use or inability to use Despoiler or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Elliot Gray's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Elliot Gray ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Elliot Gray.
3.5 Warranties
Except as expressly stated in writing, Elliot Gray makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Australia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Despoiler and destroy all copies of Despoiler supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Despoiler AS WELL.
5. CONSENT OF USE OF DATA
You agree that Elliot Gray may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Despoiler.Elliot Gray may also use this information to provide notices to you which may be of use or interest to you.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
Despoiler 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. Elliot Gray, 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, Elliot Gray, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Despoiler, (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 Despoiler, or will not revoke approval of this Despoiler 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 Elliot Gray and Epic. Elliot Gray, 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 Elliot Gray, Epic, Epic’s licensors, nor its or their affiliates, nor any of Elliot Gray 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 Elliot Gray, Epic, Epic’s licensors, nor its or their affiliates, nor any of Elliot Gray 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 Elliot Gray, 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 Elliot Gray, 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 Elliot Gray, Epic, Epic’s licensors, its and their affiliates, and any of Elliot Gray or Epic’s service providers shall be limited to the full extent permitted by law.
Copyright (c) 2018 Elliot Gray
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Despoiler("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Elliot Gray your use of Despoiler indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Elliot Gray grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Despoiler in accordance with this Agreement and any other written agreement with Elliot Gray. Elliot Gray does not transfer the title of Despoiler to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Elliot Gray and the purchasers or users of Despoiler.
If you do not agree to be bound by this agreement, remove Despoiler from your computer now and, if applicable, promptly return to Elliot Gray by mail any copies of Despoiler and related documentation and packaging in your possession.
2. DISTRIBUTION
Despoiler and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Despoiler contact Elliot Gray.
3. USER AGREEMENT
3.1 Use
Your license to use Despoiler is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Despoiler.
3.2 Use Restrictions
You shall use Despoiler in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Despoiler together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Despoiler may be used on one single computer location by one user. Use of Despoiler means that you have loaded, installed, or run Despoiler on a computer or similar device. If you install Despoiler onto a multi-user platform, server or network, each and every individual user of Despoiler must be licensed separately.
You may make one copy of Despoiler for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Despoiler . The assignment, sublicense, networking, sale, or distribution of copies of Despoiler are strictly forbidden without the prior written consent of Elliot Gray. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Despoiler. If any person other than yourself uses Despoiler registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Despoiler. Nor can you create any derivative works or other works that are based upon or derived from Despoiler in whole or in part.
Elliot Gray's name, logo and graphics file that represents Despoiler shall not be used in any way to promote products developed with Despoiler . Elliot Gray retains sole and exclusive ownership of all right, title and interest in and to Despoiler and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Despoiler, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Elliot Gray.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Elliot Gray, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Elliot Gray's Software.
In no event (including, without limitation, in the event of negligence) will Elliot Gray , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Despoiler or the use or inability to use Despoiler or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Elliot Gray's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Elliot Gray ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Elliot Gray.
3.5 Warranties
Except as expressly stated in writing, Elliot Gray makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Australia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Despoiler and destroy all copies of Despoiler supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Despoiler AS WELL.
5. CONSENT OF USE OF DATA
You agree that Elliot Gray may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Despoiler.Elliot Gray may also use this information to provide notices to you which may be of use or interest to you.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
Despoiler 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. Elliot Gray, 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, Elliot Gray, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Despoiler, (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 Despoiler, or will not revoke approval of this Despoiler 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 Elliot Gray and Epic. Elliot Gray, 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 Elliot Gray, Epic, Epic’s licensors, nor its or their affiliates, nor any of Elliot Gray 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 Elliot Gray, Epic, Epic’s licensors, nor its or their affiliates, nor any of Elliot Gray 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 Elliot Gray, 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 Elliot Gray, 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 Elliot Gray, Epic, Epic’s licensors, its and their affiliates, and any of Elliot Gray or Epic’s service providers shall be limited to the full extent permitted by law.