Language:
Disclaimers and Limitation of Liability
[SHOOTERSPHERES videogame] 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. [Razzer Games LLC], 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, noninfringement,
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, [Razzer Games LLC], Epic, and Epic’s
affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as
integrated in the [SHOOTERSPHERES videogame], (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
[SHOOTERSPHERES videogame], or will not revoke approval of this [SHOOTERSPHERES
videogame] 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 [Razzer Games LLC] and Epic. [Razzer Games LLC], 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 [Razzer Games LLC], Epic, Epic’s
licensors, nor its or their affiliates, nor any of [Razzer Games LLC] 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 [Razzer Games LLC], Epic, Epic’s licensors, nor its or their
affiliates, nor any of [Razzer Games LLC] 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
[Razzer Games LLC], 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 [Razzer Games LLC], 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 [Razzer
Games LLC], Epic, Epic’s licensors, its and their affiliates, and any of [Razzer Games LLC] or
Epic’s service providers shall be limited to the full extent permitted by law.