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End User License Agreement
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ('EULA') is a legal agreement between you and bitComposer Entertainment AG ('bitComposer Games' or 'we') for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you ('Software Product').
This Software Product is protected by copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS. IF YOU AGREE TO BE BOUND BY THEM PLEASE CLICK AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK [NOT ACCEPTED] AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR COMPUTER.
1. Technical Support
If you require technical assistance, please refer to the manual accompanying the Software Product or our web site at
http://www.bitComposer.com
2. Licence
You are permitted to:
(a) load the Software Product into and use it on a single computer which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to BitComposer Games and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
3. Restrictions
You are not permitted:
(a) to load the Software Product on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-licence, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce or deal in the Software Product or any part thereof in any way.
4. Termination
Without prejudice to any other rights, BitComposer Games may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or damages, and BitComposer Games proprietary rights shall survive termination.
5. Ownership and Intellectual Property Rights
All Intellectual Property Rights in the Software Product and associated documentation, such as copyright, database rights, trademarks, 3D-models, artwork, music and sound effects, and all rights to related content is the exclusive property of BitComposer Games or its licensors. This licence does not transfer any ownership rights to such materials to you. BitComposer Games and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form. You only own the media on which the Software Product is recorded.
6. Limited Warranty and Exclusions
6.1 THE SOFTWARE PRODUCT IS PROVIDED 'AS IS' AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITCOMPOSER GAMES AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, BITCOMPOSER GAMES & KOCH MEDIA DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT.
6.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL BITCOMPOSER GAMES OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF BITCOMPOSER GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF BITCOMPOSER GAMES & KOCH MEDIA AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
6.3 Nothing in this EULA shall limit or exclude BitComposer Games liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
6.4 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
7. Governing Law
7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of Germany, unless and to the extent that the laws relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction in order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required.
7.2 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. User created and customizable content, online cheating
8.2 The use of the user created content and customization features in this Software Product is intended solely for your personal use and may not, without BitComposer Games prior written consent, be used for marketing purposes or otherwise for any commercial purposes what so ever.
8.3 BitComposer Games reserves the right to at any time remove any and all user created content or customizations that BitComposer Games & Koch Media, in its sole and absolute discretion, deems to be inappropriate in any way. Furthermore, if such content may be deemed illegal, BitComposer Games may retain copies of the material as evidence and submit such material together with your identity to the relevant police authorities for criminal investigations. Furthermore, if you are in breach of 8.1 or 8.2 in any way, BitComposer Games may temporarily or permanently suspend or remove your account.
8.4 BitComposer Games maintains a 'zero tolerance' policy against any and all forms of online cheating, such as the use of cheat codes, hacks, AI bots, macros, doctoring or any other current or future forms of online cheating. If BitComposer Games has reason to believe that you are in any way cheating in online ranked games, BitComposer Games may enforce any and all remedies that BitComposer Games deems appropriate, including without limitation rank demotion, disqualification in past or current games or tournaments and temporary or permanent suspension or removal of your account.
9. Miscellaneous
9.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
9.2 This EULA constitutes the entire agreement between BitComposer Games and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of BitComposer Games.
9.3 Your installation and use of this Software Product is subject to BitComposer Games terms of service and BitComposer Media’s privacy policy as well as those of its partners, and by installing and using this Software you hereby accept the terms of such privacy policy and consent to BitComposer use of your personal data as set forth in the privacy policy. If you install and use the Software Product you will receive advertising messages that appear within and in context with the Software Product environments to enhance the realism of the Software Product. To provide this functionality, technology developed by IGA Worldwide, INC. has been integrated into the Software Product. This technology will automatically deliver location-based advertising and log and transmit certain information about your interaction with the advertising. If you do not wish to receive contextual advertising messages, do not use the Software Product while connected to the Internet.
DISCLAIMER GAMEBASE CO., LTD
Certain software (the 'Software') is being provided to you through a sublicense agreement with Gamebase Co., Ltd. ('Gamebase'). Gamebase grants you a limited, non-exclusive license to use the Software solely in the form provided to you for your personal use in accordance with the accompanying documentation. You may not modify, copy, or distribute the Software or attempt to reverse engineer, decompile or disassemble the Software.You understand and acknowledge that the Software is protected by national and international intellectual property laws and treaties, including, but not limited to, United States copyright laws. The Software is licensed, not sold. Title to the Software, as well as all associated intellectual property rights in the Software, is retained solely and exclusively by Gamebase. You may not remove any copyright, patent, trade secret, proprietary and/or other legal notices contained on or in the Software or associated documentation.
THE SOFTWARE IS PROVIDED 'AS IS', WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. GAMEBASE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. GAMEBASE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GAMEBASE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTIES.IN NO EVENT WILL GAMEBASE, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, VENDORS, PREDECESSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE OR YOUR USE OF THE SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY OF THE FOREGOING PARTIES FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF THE INFORMATION WILL IN NO EVENT EXCEED FIVE DOLLARS ($5). You hereby waive any and all claims, now known or later discovered, that you may have against Gamebase and the parties referenced above arising out of your use of the Software. Some states do not allow the exclusion of incidental and consequential damages, or a limitation of how long an implied warranty lasts, so some of the above may not apply to you.
This Disclaimer represents the entire agreement between you and Gamebase with regard to the Software and supersedes all prior and contemporaneous representations, letters, proposals, discussions and understandings by or between the parties.
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ('EULA') is a legal agreement between you and bitComposer Entertainment AG ('bitComposer Games' or 'we') for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you ('Software Product').
This Software Product is protected by copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS. IF YOU AGREE TO BE BOUND BY THEM PLEASE CLICK AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK [NOT ACCEPTED] AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR COMPUTER.
1. Technical Support
If you require technical assistance, please refer to the manual accompanying the Software Product or our web site at
http://www.bitComposer.com
2. Licence
You are permitted to:
(a) load the Software Product into and use it on a single computer which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to BitComposer Games and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
3. Restrictions
You are not permitted:
(a) to load the Software Product on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-licence, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce or deal in the Software Product or any part thereof in any way.
4. Termination
Without prejudice to any other rights, BitComposer Games may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or damages, and BitComposer Games proprietary rights shall survive termination.
5. Ownership and Intellectual Property Rights
All Intellectual Property Rights in the Software Product and associated documentation, such as copyright, database rights, trademarks, 3D-models, artwork, music and sound effects, and all rights to related content is the exclusive property of BitComposer Games or its licensors. This licence does not transfer any ownership rights to such materials to you. BitComposer Games and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form. You only own the media on which the Software Product is recorded.
6. Limited Warranty and Exclusions
6.1 THE SOFTWARE PRODUCT IS PROVIDED 'AS IS' AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITCOMPOSER GAMES AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, BITCOMPOSER GAMES & KOCH MEDIA DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT.
6.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL BITCOMPOSER GAMES OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF BITCOMPOSER GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF BITCOMPOSER GAMES & KOCH MEDIA AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
6.3 Nothing in this EULA shall limit or exclude BitComposer Games liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
6.4 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
7. Governing Law
7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of Germany, unless and to the extent that the laws relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction in order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required.
7.2 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. User created and customizable content, online cheating
8.2 The use of the user created content and customization features in this Software Product is intended solely for your personal use and may not, without BitComposer Games prior written consent, be used for marketing purposes or otherwise for any commercial purposes what so ever.
8.3 BitComposer Games reserves the right to at any time remove any and all user created content or customizations that BitComposer Games & Koch Media, in its sole and absolute discretion, deems to be inappropriate in any way. Furthermore, if such content may be deemed illegal, BitComposer Games may retain copies of the material as evidence and submit such material together with your identity to the relevant police authorities for criminal investigations. Furthermore, if you are in breach of 8.1 or 8.2 in any way, BitComposer Games may temporarily or permanently suspend or remove your account.
8.4 BitComposer Games maintains a 'zero tolerance' policy against any and all forms of online cheating, such as the use of cheat codes, hacks, AI bots, macros, doctoring or any other current or future forms of online cheating. If BitComposer Games has reason to believe that you are in any way cheating in online ranked games, BitComposer Games may enforce any and all remedies that BitComposer Games deems appropriate, including without limitation rank demotion, disqualification in past or current games or tournaments and temporary or permanent suspension or removal of your account.
9. Miscellaneous
9.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
9.2 This EULA constitutes the entire agreement between BitComposer Games and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of BitComposer Games.
9.3 Your installation and use of this Software Product is subject to BitComposer Games terms of service and BitComposer Media’s privacy policy as well as those of its partners, and by installing and using this Software you hereby accept the terms of such privacy policy and consent to BitComposer use of your personal data as set forth in the privacy policy. If you install and use the Software Product you will receive advertising messages that appear within and in context with the Software Product environments to enhance the realism of the Software Product. To provide this functionality, technology developed by IGA Worldwide, INC. has been integrated into the Software Product. This technology will automatically deliver location-based advertising and log and transmit certain information about your interaction with the advertising. If you do not wish to receive contextual advertising messages, do not use the Software Product while connected to the Internet.
DISCLAIMER GAMEBASE CO., LTD
Certain software (the 'Software') is being provided to you through a sublicense agreement with Gamebase Co., Ltd. ('Gamebase'). Gamebase grants you a limited, non-exclusive license to use the Software solely in the form provided to you for your personal use in accordance with the accompanying documentation. You may not modify, copy, or distribute the Software or attempt to reverse engineer, decompile or disassemble the Software.You understand and acknowledge that the Software is protected by national and international intellectual property laws and treaties, including, but not limited to, United States copyright laws. The Software is licensed, not sold. Title to the Software, as well as all associated intellectual property rights in the Software, is retained solely and exclusively by Gamebase. You may not remove any copyright, patent, trade secret, proprietary and/or other legal notices contained on or in the Software or associated documentation.
THE SOFTWARE IS PROVIDED 'AS IS', WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. GAMEBASE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. GAMEBASE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GAMEBASE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTIES.IN NO EVENT WILL GAMEBASE, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, VENDORS, PREDECESSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE OR YOUR USE OF THE SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY OF THE FOREGOING PARTIES FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF THE INFORMATION WILL IN NO EVENT EXCEED FIVE DOLLARS ($5). You hereby waive any and all claims, now known or later discovered, that you may have against Gamebase and the parties referenced above arising out of your use of the Software. Some states do not allow the exclusion of incidental and consequential damages, or a limitation of how long an implied warranty lasts, so some of the above may not apply to you.
This Disclaimer represents the entire agreement between you and Gamebase with regard to the Software and supersedes all prior and contemporaneous representations, letters, proposals, discussions and understandings by or between the parties.