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PAYDAY™ 2 END USER LICENSE AGREEMENT (EULA), including
TERMS OF USE AND PRIVACY POLICY
1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE LINKED TERMS OF SERVICE (https://www.starbreeze.com/payday2/terms-of-service.pdf) AND PRIVACY POLICY (https://www.starbreeze.com/payday2/privacy-policy.pdf), BEFORE PRESSING "I ACCEPT" ON THE END-USER LICENCE AGREEMENT SCREEN. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND NEW STARBREEZE PUBLISHING AB AND ITS AFFILIATES ("STARBREEZE") FOR PAYDAY™ 2 , WHICH INCLUDES SOFTWARE PRODUCT AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU WILL NOT BE PERMITTED TO PROGRESS TO AN ON-LINE EXPERIENCE WITHIN THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, SELECT "DISAGREE/DECLINE." YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
2. OWNERSHIP
It is hereby understood and agreed that New Starbreeze Publishing AB, company registration number 559194-5471 having its registered address at Regeringsgatan 38, Stockholm, Sweden (Licensor) is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee (Licensee) through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by Starbreeze for use only under the terms of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Starbreeze' and its licensors' intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The terms of this EULA, together with the Terms of Use and Privacy Policy, will govern any software upgrades provided by Starbreeze that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The Software Product package (if any);
2. Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via the Web Site;
3. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the "Art Work");
4. Related explanatory written materials and instructions, and any other possible documentation related thereto ("Documentation"); and
5. Upgrades, modified versions, updates, additions and copies of the Software Product (the "Upgrades"), if any, licensed to by Starbreeze under this EULA.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Starbreeze grants you a non-exclusive, non-transferable End-User license right to access the Software Product via an on-demand online service and/or install the Software Product on the local hard disk(s) or other permanent storage media of one computer and use the Software Product on a single account at a time. To the extent applicable, Licensee may physically transfer the Program between computers provided that it is used on only one computer at any given time.
B. Unless provided otherwise in the Documentation or by prior express written consent of Starbreeze, you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Art Work give you any Intellectual Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to Starbreeze.
C. You shall not, without Starbreeze’ express written consent:
1. Copy or reproduce the Software Product;
2. Electronically transfer the Software Product through a LAN (local area network) or other network system or "bulletin board" systems; or
3. Modify, adapt, or create derivative works based on the Software Product or any accompanying materials.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Starbreeze’ sole discretion, Starbreeze may provide you with support services related to the Software Product ("Support Services"). Starbreeze reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. Starbreeze retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by Starbreeze. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Starbreeze and shall be deemed the confidential information of Starbreeze.
D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
E. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and all modifications and portions of the program contained or merged into other provisions). The other party must agree to accept the terms and conditions of the EULA.
F. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY STARBREEZE.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including but not limited to postings, screenshots, user generated artwork, or other content that can be viewed by others ("User-Generated Content"). You agree that neither Starbreeze, nor any first party platform provider, on which you access and/or use the Software Product, is liable for User-Generated Content that is provided by others. Starbreeze has no duty to pre-screen User-Generated Content, but Starbreeze has the right to refuse to post, edit, or deliver submitted User-Generated Content. Starbreeze reserves the right to remove User-Generated Content for any reason, but Starbreeze is not responsible for any failure or delay in removing such material. Starbreeze reserves the right to block any user's access to any content, website or webpage that Starbreeze provides at our sole discretion.
B. You represent that you have the right to post any User-Generated Content which you post to and/or in relation to the Software Product, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. In exchange for use of the Software Product, you hereby grant Starbreeze and/or the platform manufacturer upon which you access and/or use the Software Platform, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon "moral rights" (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
You acknowledge that Starbreeze and the other creators of User Generated Content have rights in their respective content under copyright and other applicable laws, and that except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for use of any User Generated Content in violation of any such rights.
C. You agree that you will not create, transfer, share, send, submit or upload any User generated content that:
a) Is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
b) Contains fraudulent statements or misrepresentations that could damage Starbreeze or any third party;
c) Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate:
d) Is an advertisement or solicitation of business;
e) Is an impersonation of another person; or
9. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parties.
B. Your rights under this EULA will terminate automatically without notice from Starbreeze if you fail to comply with any term(s) or condition(s) of this EULA. In such an event, no notice shall be required by Starbreeze to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product.
10. INTELLECTUAL PROPERTY RIGHTS
A. Starbreeze shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End-User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.
B. End-User acknowledges Starbreeze’ exclusive rights in the Software Product and that the Software Product is unique and original to Starbreeze and that Starbreeze is owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Starbreeze exclusive right and title to the Software Product or the validity thereof.
C. End-User shall not attempt to develop any Software Product that contains the "look and feel" of any of the Software Product.
11. APPLICABLE LAW AND DISPUTES
THIS EULA SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SWEDISH LAWS, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES.
ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS EULA, OR THE BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE FINALLY SETTLED BY SWEDISH COURTS, WITH THE STOCKHOLM DISTRICT COURT AS THE FIRST INSTANCE, UNLESS OTHERWISE PROVIDED BY MANDATORY LAW.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND STARBREEZE AND STARBREEZE’ AFFILIATES (COLLECTIVELY REFERRED TO AS "STARBREEZE" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. STARBREEZE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STARBREEZE OR A STARBREEZE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARBREEZE, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF STARBREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, STARBREEZE’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
TERMS OF USE AND PRIVACY POLICY
1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE LINKED TERMS OF SERVICE (https://www.starbreeze.com/payday2/terms-of-service.pdf) AND PRIVACY POLICY (https://www.starbreeze.com/payday2/privacy-policy.pdf), BEFORE PRESSING "I ACCEPT" ON THE END-USER LICENCE AGREEMENT SCREEN. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND NEW STARBREEZE PUBLISHING AB AND ITS AFFILIATES ("STARBREEZE") FOR PAYDAY™ 2 , WHICH INCLUDES SOFTWARE PRODUCT AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU WILL NOT BE PERMITTED TO PROGRESS TO AN ON-LINE EXPERIENCE WITHIN THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, SELECT "DISAGREE/DECLINE." YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
2. OWNERSHIP
It is hereby understood and agreed that New Starbreeze Publishing AB, company registration number 559194-5471 having its registered address at Regeringsgatan 38, Stockholm, Sweden (Licensor) is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee (Licensee) through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by Starbreeze for use only under the terms of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Starbreeze' and its licensors' intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The terms of this EULA, together with the Terms of Use and Privacy Policy, will govern any software upgrades provided by Starbreeze that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The Software Product package (if any);
2. Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via the Web Site;
3. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the "Art Work");
4. Related explanatory written materials and instructions, and any other possible documentation related thereto ("Documentation"); and
5. Upgrades, modified versions, updates, additions and copies of the Software Product (the "Upgrades"), if any, licensed to by Starbreeze under this EULA.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Starbreeze grants you a non-exclusive, non-transferable End-User license right to access the Software Product via an on-demand online service and/or install the Software Product on the local hard disk(s) or other permanent storage media of one computer and use the Software Product on a single account at a time. To the extent applicable, Licensee may physically transfer the Program between computers provided that it is used on only one computer at any given time.
B. Unless provided otherwise in the Documentation or by prior express written consent of Starbreeze, you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Art Work give you any Intellectual Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to Starbreeze.
C. You shall not, without Starbreeze’ express written consent:
1. Copy or reproduce the Software Product;
2. Electronically transfer the Software Product through a LAN (local area network) or other network system or "bulletin board" systems; or
3. Modify, adapt, or create derivative works based on the Software Product or any accompanying materials.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Starbreeze’ sole discretion, Starbreeze may provide you with support services related to the Software Product ("Support Services"). Starbreeze reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. Starbreeze retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by Starbreeze. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Starbreeze and shall be deemed the confidential information of Starbreeze.
D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
E. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and all modifications and portions of the program contained or merged into other provisions). The other party must agree to accept the terms and conditions of the EULA.
F. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY STARBREEZE.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including but not limited to postings, screenshots, user generated artwork, or other content that can be viewed by others ("User-Generated Content"). You agree that neither Starbreeze, nor any first party platform provider, on which you access and/or use the Software Product, is liable for User-Generated Content that is provided by others. Starbreeze has no duty to pre-screen User-Generated Content, but Starbreeze has the right to refuse to post, edit, or deliver submitted User-Generated Content. Starbreeze reserves the right to remove User-Generated Content for any reason, but Starbreeze is not responsible for any failure or delay in removing such material. Starbreeze reserves the right to block any user's access to any content, website or webpage that Starbreeze provides at our sole discretion.
B. You represent that you have the right to post any User-Generated Content which you post to and/or in relation to the Software Product, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. In exchange for use of the Software Product, you hereby grant Starbreeze and/or the platform manufacturer upon which you access and/or use the Software Platform, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon "moral rights" (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
You acknowledge that Starbreeze and the other creators of User Generated Content have rights in their respective content under copyright and other applicable laws, and that except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for use of any User Generated Content in violation of any such rights.
C. You agree that you will not create, transfer, share, send, submit or upload any User generated content that:
a) Is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
b) Contains fraudulent statements or misrepresentations that could damage Starbreeze or any third party;
c) Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate:
d) Is an advertisement or solicitation of business;
e) Is an impersonation of another person; or
9. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parties.
B. Your rights under this EULA will terminate automatically without notice from Starbreeze if you fail to comply with any term(s) or condition(s) of this EULA. In such an event, no notice shall be required by Starbreeze to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product.
10. INTELLECTUAL PROPERTY RIGHTS
A. Starbreeze shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End-User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.
B. End-User acknowledges Starbreeze’ exclusive rights in the Software Product and that the Software Product is unique and original to Starbreeze and that Starbreeze is owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Starbreeze exclusive right and title to the Software Product or the validity thereof.
C. End-User shall not attempt to develop any Software Product that contains the "look and feel" of any of the Software Product.
11. APPLICABLE LAW AND DISPUTES
THIS EULA SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SWEDISH LAWS, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES.
ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS EULA, OR THE BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE FINALLY SETTLED BY SWEDISH COURTS, WITH THE STOCKHOLM DISTRICT COURT AS THE FIRST INSTANCE, UNLESS OTHERWISE PROVIDED BY MANDATORY LAW.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND STARBREEZE AND STARBREEZE’ AFFILIATES (COLLECTIVELY REFERRED TO AS "STARBREEZE" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. STARBREEZE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STARBREEZE OR A STARBREEZE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARBREEZE, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF STARBREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, STARBREEZE’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.