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END USERS LICENCE AGREEMENT
Please read the following terms and conditions carefully before using this video game product. Your use, distribution or installation of this copy of “ESKO” indicates your acceptance of this License.
Video game product here means Software, image files, all accompanying files, data and materials received with your order of “ESKO”.
If you do not agree to any of the terms of this License, then do not install, distribute or use the video game product. If you have purchased a single copy from Kajaani University of Applied Sciences Oy (“KAMK”) or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warrantee is applicable only to products bought within Finland. Products downloaded to or shipped out of Finland are strictly non-refundable.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This video game product is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. video game product may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by KAMK and may not be taken apart, modified, used or published with other software or means except with the video game product software and may not be distributed or copied in any manner.
This video game product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of KAMK will be limited exclusively to refund of purchase price. In addition, in no event shall KAMK, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of video game product.
In addition, in no event does KAMK authorize you to use this video game product in applications or systems where video game products failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold KAMK harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of Finland.
KAMK, the owner of the copyright of this video game product, all of its derivatives, title and accompanying materials are the exclusive property of KAMK. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by KAMK. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this video game product. You may not make access to video game product available to others in connection with a service bureau, application service provider, or similar business, or use this video game product in a business to provide file compression, decompression, or conversion services to others. There are no third-party beneficiaries of any promises, obligations or representations made by KAMK herein.
You may not disclose to other persons the data or techniques relating to this video game product that you know or should know that it is a trade secret of the KAMK in any manner that will cause damage to KAMK.
This video game product and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any Finland, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold KAMK harmless from any claims resulting from the use of this video game product, which may damage any other party.
DISCLAIMERS AND LIMITATION OF LIABILITY
“ESKO” 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. Kajaani University of Applied Sciences Oy (“KAMK”), 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, KAMK, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the “ESKO”, (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 “ESKO”, or will not revoke approval of this “ESKO” 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 KAMK and Epic. KAMK, 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 KAMK, Epic, Epic’s licensors, nor its or their affiliates, nor any of KAMK’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 KAMK, Epic, Epic’s licensors, nor its or their affiliates, nor any of KAMK’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 Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of KAMK‘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 KAMK, 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 KAMK, Epic, Epic’s licensors, its and their affiliates, and any of KAMK’s or Epic’s service providers shall be limited to the full extent permitted by law.
Please read the following terms and conditions carefully before using this video game product. Your use, distribution or installation of this copy of “ESKO” indicates your acceptance of this License.
Video game product here means Software, image files, all accompanying files, data and materials received with your order of “ESKO”.
If you do not agree to any of the terms of this License, then do not install, distribute or use the video game product. If you have purchased a single copy from Kajaani University of Applied Sciences Oy (“KAMK”) or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warrantee is applicable only to products bought within Finland. Products downloaded to or shipped out of Finland are strictly non-refundable.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This video game product is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. video game product may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by KAMK and may not be taken apart, modified, used or published with other software or means except with the video game product software and may not be distributed or copied in any manner.
This video game product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of KAMK will be limited exclusively to refund of purchase price. In addition, in no event shall KAMK, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of video game product.
In addition, in no event does KAMK authorize you to use this video game product in applications or systems where video game products failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold KAMK harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of Finland.
KAMK, the owner of the copyright of this video game product, all of its derivatives, title and accompanying materials are the exclusive property of KAMK. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by KAMK. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this video game product. You may not make access to video game product available to others in connection with a service bureau, application service provider, or similar business, or use this video game product in a business to provide file compression, decompression, or conversion services to others. There are no third-party beneficiaries of any promises, obligations or representations made by KAMK herein.
You may not disclose to other persons the data or techniques relating to this video game product that you know or should know that it is a trade secret of the KAMK in any manner that will cause damage to KAMK.
This video game product and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any Finland, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold KAMK harmless from any claims resulting from the use of this video game product, which may damage any other party.
DISCLAIMERS AND LIMITATION OF LIABILITY
“ESKO” 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. Kajaani University of Applied Sciences Oy (“KAMK”), 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, KAMK, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the “ESKO”, (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 “ESKO”, or will not revoke approval of this “ESKO” 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 KAMK and Epic. KAMK, 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 KAMK, Epic, Epic’s licensors, nor its or their affiliates, nor any of KAMK’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 KAMK, Epic, Epic’s licensors, nor its or their affiliates, nor any of KAMK’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 Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of KAMK‘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 KAMK, 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 KAMK, Epic, Epic’s licensors, its and their affiliates, and any of KAMK’s or Epic’s service providers shall be limited to the full extent permitted by law.