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Please read the following terms and conditions carefully before installing/playing/activating or otherwise accessing TrenchesWIP.
TrenchesWIP here means Software, image files, all accompanying files, data and materials received with your order of TrenchesWIP.
Big OOF Games PTY LTD here means developers, businesses, responsible for the development of TrenchesWIP.
TrenchesWIP IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Your use, distribution or installation of this copy of "TrenchesWIP" indicates your acceptance of this License.
If you do not agree to any of the terms of this License, then do not install, distribute or use TrenchesWIP.
TrenchesWIP is for personal use only.
Its component parts may not be separated for use of any kind. All components accompanying the software are copyrighted by Big OOF Games PTY LTD, unless otherwise noted or authorized by the relevant third-party, and may not be taken apart, modified, used or published and may not be distributed or copied in any manner.
The user must assume all risks of using TrenchesWIP. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of Big OOF Games PTY LTD will be limited exclusively to refund of the purchase price. In addition, in no event shall Big OOF Games PTY LTD, 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 TrenchesWIP.
In addition, in no event does Big OOF Games PTY LTD authorize you to use TrenchesWIP in applications or systems where TrenchesWIP's 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 Big OOF Games harmless from any claims or losses relating to such unauthorized use.
This Agreement/EULA 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 QUEENSLAND AUSTRALIA.
Big OOF Games PTY LTD the owner of the copyright of this TrenchesWIP, all of its derivatives, title and accompanying materials are the exclusive property of Big OOF Games PTY LTD (unless otherwise noted or authorized by the relevant third-party). All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Big OOF Games PTY LTD. You may not rent, lease, transfer, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on this TrenchesWIP or Big OOF Games PTY LTD. You may not make access to TrenchesWIP available to others in connection with a service bureau, application service provider, or similar business, or use TrenchesWIP 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 Big OOF Games PTY LTD herein.
You may not disclose to other persons the data or techniques relating to this TrenchesWIP that you know or should know that it is a trade secret of Big OOF Games PTY LTD in any manner that will cause damage to Big OOF Games.
TrenchesWIP 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 Big OOF Games PTY LTD, 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 Big OOF Games PTY harmless from any claims resulting from the use of TrenchesWIP, which may damage any other party.
Disclaimers and Limitation of Liability
TrenchesWIP 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. Big OOF Games PTY LTD, 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, Big OOF Games PTY LTD, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the TrenchesWIP, (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 TrenchesWIP, or will not revoke approval of this TrenchesWIP 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 Big OOF Games PTY LTD and Epic. Big OOF Games PTY LTD, 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 Big OOF Games PTY LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of Big OOF Games PTY LTD 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 Big OOF Games PTY LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of Big OOF Games PTY LTD 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 Big OOF Games PTY LTD, 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 Big OOF Games PTY LTD, 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 Big OOF Games PTY LTD, Epic, Epic’s licensors, its and their affiliates, and any of Big OOF Games PTY LTD or Epic’s service providers shall be limited to the full extent permitted by law.
TrenchesWIP here means Software, image files, all accompanying files, data and materials received with your order of TrenchesWIP.
Big OOF Games PTY LTD here means developers, businesses, responsible for the development of TrenchesWIP.
TrenchesWIP IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Your use, distribution or installation of this copy of "TrenchesWIP" indicates your acceptance of this License.
If you do not agree to any of the terms of this License, then do not install, distribute or use TrenchesWIP.
TrenchesWIP is for personal use only.
Its component parts may not be separated for use of any kind. All components accompanying the software are copyrighted by Big OOF Games PTY LTD, unless otherwise noted or authorized by the relevant third-party, and may not be taken apart, modified, used or published and may not be distributed or copied in any manner.
The user must assume all risks of using TrenchesWIP. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of Big OOF Games PTY LTD will be limited exclusively to refund of the purchase price. In addition, in no event shall Big OOF Games PTY LTD, 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 TrenchesWIP.
In addition, in no event does Big OOF Games PTY LTD authorize you to use TrenchesWIP in applications or systems where TrenchesWIP's 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 Big OOF Games harmless from any claims or losses relating to such unauthorized use.
This Agreement/EULA 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 QUEENSLAND AUSTRALIA.
Big OOF Games PTY LTD the owner of the copyright of this TrenchesWIP, all of its derivatives, title and accompanying materials are the exclusive property of Big OOF Games PTY LTD (unless otherwise noted or authorized by the relevant third-party). All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Big OOF Games PTY LTD. You may not rent, lease, transfer, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on this TrenchesWIP or Big OOF Games PTY LTD. You may not make access to TrenchesWIP available to others in connection with a service bureau, application service provider, or similar business, or use TrenchesWIP 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 Big OOF Games PTY LTD herein.
You may not disclose to other persons the data or techniques relating to this TrenchesWIP that you know or should know that it is a trade secret of Big OOF Games PTY LTD in any manner that will cause damage to Big OOF Games.
TrenchesWIP 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 Big OOF Games PTY LTD, 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 Big OOF Games PTY harmless from any claims resulting from the use of TrenchesWIP, which may damage any other party.
Disclaimers and Limitation of Liability
TrenchesWIP 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. Big OOF Games PTY LTD, 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, Big OOF Games PTY LTD, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the TrenchesWIP, (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 TrenchesWIP, or will not revoke approval of this TrenchesWIP 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 Big OOF Games PTY LTD and Epic. Big OOF Games PTY LTD, 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 Big OOF Games PTY LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of Big OOF Games PTY LTD 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 Big OOF Games PTY LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of Big OOF Games PTY LTD 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 Big OOF Games PTY LTD, 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 Big OOF Games PTY LTD, 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 Big OOF Games PTY LTD, Epic, Epic’s licensors, its and their affiliates, and any of Big OOF Games PTY LTD or Epic’s service providers shall be limited to the full extent permitted by law.