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Please read the following terms and conditions carefully before using this Video Game. Your use, distribution or installation of this copy of POWER indicates your acceptance of this License.
Video Game here means Software, image files, all accompanying files, data and materials received with your order of POWER.
If you do not agree to any of the terms of this License, then do not install, distribute or use the Video Game. If you have purchased a single copy from an authorized distributor (e.g. Steam), you may return it per the distributor’s return policy. (e.g. https://store.steampowered.com/steam_refunds/).
This Video Game is for personal use only and may be installed and used on only one computer. Its component parts may not be separated for use on more than one computer. Video Game may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Atomic Lollypop and may not be taken apart, modified, used or published with other software or means except with the Video Game software and may not be distributed or copied in any manner.
This Video Game, 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 Atomic Lollypop will be limited exclusively to refund of purchase price. In addition, in no event shall Atomic Lollypop, 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.
In addition, in no event does Atomic Lollypop authorize you to use this Video Game in applications or systems where Video Game '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 Atomic Lollypop 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 the United States and California.
Atomic Lollypop the owner of the copyright of this Video Game, all of its derivatives, title and accompanying materials are the exclusive property of Atomic Lollypop. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Atomic Lollypop. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this Video Game. You may not make access to Video Game available to others in connection with a service bureau, application service provider, or similar business, or use this Video Game 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 Atomic Lollypop herein.
You may not disclose to other persons the data or techniques relating to this Video Game that you know or should know that it is a trade secret of Atomic Lollypop in any manner that will cause damage to Atomic Lollypop.
This Video Game 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 the United States, 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 Atomic Lollypop harmless from any claims resulting from the use of this Video Game, which may damage any other party.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Newport Beach, California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the creation of websites, web apps, mobile apps, or related software and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. We also agree that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
If arbitration arises in connection with the interpretation or enforcement of this Agreement, the prevailing party therein shall be entitled to receive from the other party the prevailing party’s costs and expenses, including reasonable attorneys fees incurred in connection therewith, in preparation therefore and on appeal therefrom, which amounts shall be included in any judgment therein.
POWER 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. Atomic Lollypop, 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, Atomic Lollypop, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the POWER, (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 POWER, or will not revoke approval of this POWER 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 Atomic Lollypop and Epic. Atomic Lollypop, 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 Atomic Lollypop, Epic, Epic’s licensors, nor its or their affiliates, nor any of Atomic Lollypop’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 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 Atomic Lollypop, Epic, Epic’s licensors, nor its or their affiliates, nor any of Atomic Lollypop’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 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 Atomic Lollypop’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 Atomic Lollypop’s, 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 Atomic Lollypop, Epic, Epic’s licensors, its and their affiliates, and any of Atomic Lollypop’s or Epic’s service providers shall be limited to the full extent permitted by law.
You aren't allowed to hack, decompile or change the Video Game at all and you mustn't do so. This includes the code or any content or data. Basically, you should just leave it as it is. You also aren't allowed to create any software or content that mimics the Video Game or branding. We really don't want any of our community to get confused about which is the official Video Game and which is a video game that someone other than us operates.
Please don't use the Video Game in a way which we might think is offensive, immoral or illegal, or makes other people feel uncomfortable. We don't want the Video Game to be used in a way which upsets people.
If we are running a community communication area (e.g. Discord), we are just allowing members of our community to put their thoughts on there. It doesn't mean we represent or agree with those thoughts, and we can't be held responsible for what people post on our community communication area.
If you put something you don't have the right to put on our community communication area, you could get into a lot of trouble so please don't do it. You agree that whatever you post does not infringe anyone else's intellectual property or other rights.
If you post any content on our community communication area, you must (and by doing so you actually do) give us permission to use, copy, modify, adapt, distribute and publicly display that content as part of our community communication area and games. This permission is perpetual, worldwide and irrevocable. You also agree to let us permit others to use, copy, modify, adapt, distribute and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our community communication area so others can read it. If you don't want to give us this permission, then please do not post any content on our community communication area. Please think carefully before you post any content, because it will be made public and might even be used by other people in a way you don't like.
We reserve the right to take down any content in our discretion.
These terms describe certain legal rights. The laws of your state or country may give you other rights, including consumer rights, which these Account Terms cannot change; if so, they apply as far as the law allows. Nothing excludes or limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
We may change these Account Terms from time to time, if we have reason to.
If you come to us with a suggestion for any one of our games, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion. This does not mean we would never pay for valuable contributions, but it does mean we have no obligation to pay.
This EULA restricts the commercial use of the POWER Name, Brand, and Assets, including software, graphics and audio. However, we do allow the name to be used in a secondary name or title (or secondary part of it) (e.g. Tutorial Series – how to dominate in POWER).
Our company information is as follows:
Atomic Lollypop
4590 MacArthur Blvd. #500
Newport Beach, CA 92660
Video Game here means Software, image files, all accompanying files, data and materials received with your order of POWER.
If you do not agree to any of the terms of this License, then do not install, distribute or use the Video Game. If you have purchased a single copy from an authorized distributor (e.g. Steam), you may return it per the distributor’s return policy. (e.g. https://store.steampowered.com/steam_refunds/).
This Video Game is for personal use only and may be installed and used on only one computer. Its component parts may not be separated for use on more than one computer. Video Game may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Atomic Lollypop and may not be taken apart, modified, used or published with other software or means except with the Video Game software and may not be distributed or copied in any manner.
This Video Game, 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 Atomic Lollypop will be limited exclusively to refund of purchase price. In addition, in no event shall Atomic Lollypop, 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.
In addition, in no event does Atomic Lollypop authorize you to use this Video Game in applications or systems where Video Game '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 Atomic Lollypop 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 the United States and California.
Atomic Lollypop the owner of the copyright of this Video Game, all of its derivatives, title and accompanying materials are the exclusive property of Atomic Lollypop. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Atomic Lollypop. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this Video Game. You may not make access to Video Game available to others in connection with a service bureau, application service provider, or similar business, or use this Video Game 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 Atomic Lollypop herein.
You may not disclose to other persons the data or techniques relating to this Video Game that you know or should know that it is a trade secret of Atomic Lollypop in any manner that will cause damage to Atomic Lollypop.
This Video Game 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 the United States, 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 Atomic Lollypop harmless from any claims resulting from the use of this Video Game, which may damage any other party.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Newport Beach, California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the creation of websites, web apps, mobile apps, or related software and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. We also agree that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
If arbitration arises in connection with the interpretation or enforcement of this Agreement, the prevailing party therein shall be entitled to receive from the other party the prevailing party’s costs and expenses, including reasonable attorneys fees incurred in connection therewith, in preparation therefore and on appeal therefrom, which amounts shall be included in any judgment therein.
POWER 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. Atomic Lollypop, 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, Atomic Lollypop, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the POWER, (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 POWER, or will not revoke approval of this POWER 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 Atomic Lollypop and Epic. Atomic Lollypop, 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 Atomic Lollypop, Epic, Epic’s licensors, nor its or their affiliates, nor any of Atomic Lollypop’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 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 Atomic Lollypop, Epic, Epic’s licensors, nor its or their affiliates, nor any of Atomic Lollypop’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 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 Atomic Lollypop’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 Atomic Lollypop’s, 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 Atomic Lollypop, Epic, Epic’s licensors, its and their affiliates, and any of Atomic Lollypop’s or Epic’s service providers shall be limited to the full extent permitted by law.
You aren't allowed to hack, decompile or change the Video Game at all and you mustn't do so. This includes the code or any content or data. Basically, you should just leave it as it is. You also aren't allowed to create any software or content that mimics the Video Game or branding. We really don't want any of our community to get confused about which is the official Video Game and which is a video game that someone other than us operates.
Please don't use the Video Game in a way which we might think is offensive, immoral or illegal, or makes other people feel uncomfortable. We don't want the Video Game to be used in a way which upsets people.
If we are running a community communication area (e.g. Discord), we are just allowing members of our community to put their thoughts on there. It doesn't mean we represent or agree with those thoughts, and we can't be held responsible for what people post on our community communication area.
If you put something you don't have the right to put on our community communication area, you could get into a lot of trouble so please don't do it. You agree that whatever you post does not infringe anyone else's intellectual property or other rights.
If you post any content on our community communication area, you must (and by doing so you actually do) give us permission to use, copy, modify, adapt, distribute and publicly display that content as part of our community communication area and games. This permission is perpetual, worldwide and irrevocable. You also agree to let us permit others to use, copy, modify, adapt, distribute and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our community communication area so others can read it. If you don't want to give us this permission, then please do not post any content on our community communication area. Please think carefully before you post any content, because it will be made public and might even be used by other people in a way you don't like.
We reserve the right to take down any content in our discretion.
These terms describe certain legal rights. The laws of your state or country may give you other rights, including consumer rights, which these Account Terms cannot change; if so, they apply as far as the law allows. Nothing excludes or limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
We may change these Account Terms from time to time, if we have reason to.
If you come to us with a suggestion for any one of our games, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion. This does not mean we would never pay for valuable contributions, but it does mean we have no obligation to pay.
This EULA restricts the commercial use of the POWER Name, Brand, and Assets, including software, graphics and audio. However, we do allow the name to be used in a secondary name or title (or secondary part of it) (e.g. Tutorial Series – how to dominate in POWER).
Our company information is as follows:
Atomic Lollypop
4590 MacArthur Blvd. #500
Newport Beach, CA 92660