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End-User License Agreement (EULA) of Cerberus: Orbital watch
This End-User License Agreement ("EULA") is a legal agreement between you and Evil Castle Entertainment
This EULA agreement governs your acquisition and use of our Cerberus: Orbital watch software ("Software") directly from Evil Castle Entertainment or indirectly through a Evil Castle Entertainment authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Cerberus: Orbital watch software. It provides a license to use the Cerberus: Orbital watch software and contains warranty information and liability disclaimers.
If you register for a free trial of the Cerberus: Orbital watch software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Cerberus: Orbital watch software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Evil Castle Entertainment herewith regardless of whether other software is referred to or described herein. The terms also apply to any Evil Castle Entertainment updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for Cerberus: Orbital watch.
License Grant
Evil Castle Entertainment hereby grants you a personal, non-transferable, non-exclusive licence to use the Cerberus: Orbital watch software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Cerberus: Orbital watch software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Cerberus: Orbital watch software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that Evil Castle Entertainment considers is a breach of this EULA agreement
Intellectual Property and Ownership
Evil Castle Entertainment shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Evil Castle Entertainment.
Evil Castle Entertainment reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Evil Castle Entertainment.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Disclaimers and Limitation of Liability
Cerberus: Orbital watch 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. Evil Castle Entertainment, 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, Evil Castle Entertainment, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Cerberus: Orbital watch, (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 Cerberus: Orbital watch, or will not revoke approval of Cerberus: Orbital watch 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 Evil Castle Entertainment and Epic. Evil Castle Entertainment, 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 Evil Castle Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Evil Castle Entertainment 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 Evil Castle Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Evil Castle Entertainment 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 Evil Castle Entertainment, 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 Evil Castle Entertainment, Epic, Epic’s licensors, its and their affiliates, and any of Evil Castle Entertainment or Epic’s service providers shall be limited to the full extent permitted by law.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of az.
This End-User License Agreement ("EULA") is a legal agreement between you and Evil Castle Entertainment
This EULA agreement governs your acquisition and use of our Cerberus: Orbital watch software ("Software") directly from Evil Castle Entertainment or indirectly through a Evil Castle Entertainment authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Cerberus: Orbital watch software. It provides a license to use the Cerberus: Orbital watch software and contains warranty information and liability disclaimers.
If you register for a free trial of the Cerberus: Orbital watch software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Cerberus: Orbital watch software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Evil Castle Entertainment herewith regardless of whether other software is referred to or described herein. The terms also apply to any Evil Castle Entertainment updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for Cerberus: Orbital watch.
License Grant
Evil Castle Entertainment hereby grants you a personal, non-transferable, non-exclusive licence to use the Cerberus: Orbital watch software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Cerberus: Orbital watch software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Cerberus: Orbital watch software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that Evil Castle Entertainment considers is a breach of this EULA agreement
Intellectual Property and Ownership
Evil Castle Entertainment shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Evil Castle Entertainment.
Evil Castle Entertainment reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Evil Castle Entertainment.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Disclaimers and Limitation of Liability
Cerberus: Orbital watch 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. Evil Castle Entertainment, 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, Evil Castle Entertainment, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Cerberus: Orbital watch, (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 Cerberus: Orbital watch, or will not revoke approval of Cerberus: Orbital watch 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 Evil Castle Entertainment and Epic. Evil Castle Entertainment, 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 Evil Castle Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Evil Castle Entertainment 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 Evil Castle Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Evil Castle Entertainment 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 Evil Castle Entertainment, 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 Evil Castle Entertainment, Epic, Epic’s licensors, its and their affiliates, and any of Evil Castle Entertainment or Epic’s service providers shall be limited to the full extent permitted by law.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of az.