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Exit From 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. WhiteBox, 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, WhiteBox, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic
Materials will operate properly, including as integrated in the product, (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 product, or will not revoke approval of this Product 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 WhiteBox and
Epic. WhiteBox, 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 WhiteBox, Epic, Epic’s licensors,
nor its or their affiliates, nor any of Licensor’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 WhiteBox, Epic, Epic’s licensors, nor its or their affiliates, nor any of
Licensor’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 Licensor’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 WhiteBox, 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 White Box,
Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers
shall be limited to the full extent permitted by law.
“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. WhiteBox, 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, WhiteBox, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic
Materials will operate properly, including as integrated in the product, (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 product, or will not revoke approval of this Product 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 WhiteBox and
Epic. WhiteBox, 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 WhiteBox, Epic, Epic’s licensors,
nor its or their affiliates, nor any of Licensor’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 WhiteBox, Epic, Epic’s licensors, nor its or their affiliates, nor any of
Licensor’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 Licensor’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 WhiteBox, 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 White Box,
Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers
shall be limited to the full extent permitted by law.