| Language: |
END-USER LICENSE AGREEMENT
THE FOLLOWING AGREEMENT DESCRIBES THE TERMS THAT REGULATE YOUR USE OF THIS SOFTWARE. “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT AND RELATED DOCUMENTATION AND ANY OTHER ELECTRONIC MATERIALS, AND ANY COPIES OF THIS SOFTWARE AND ITS ACCOMPANYING DOCUMENTS AND MATERIALS. BY INSTALLING AND/OR USING THE SOFTWARE AND ANY INCLUDED MATERIALS, YOU ACCEPT THE TERMS OF THIS LICENSE WITH MEDIOCRITY INTERACTIVE, THE “LICENSOR”.
OWNERSHIP
Mediocrity Interactive retains all right and interest to this Software, including, but not limited to all copyrights, proprietary rights, computer codes and any other digital component of this Software, etc. The Software is protected by international copyright laws and treaties, and may not be reproduced, copied or distributed in any manner or form, entirely or partially, without the prior written consent from Mediocrity Interactive. Any attempt to copy, reproduce or distribute the entirety or any part of this Software shall be a willful violation of the copyright laws and may result in civil and criminal penalties. The Software contains licensed materials belonging to Epic Games, Inc. (Epic). Epic may protect their rights in the event of any violation of this Agreement.
LICENSE
Under the terms and conditions described in this Agreement, Licensor hereby grants you the non-exclusive, non-transferable, limited right and license to use ONE copy of the Software for your personal, non-commercial use with your Steam account. You hereby acknowledge that no title ownership in this Software is being transferred or given to you. This Agreement is not a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Mediocrity Interactive and its licensors, as applicable.
LICENSE CONDITIONS
You agree not to:
a) Exploit the Software commercially;
b) Sell, rent, license, lease or distribute or transfer in any way this Software, any copies of the Software and its included Documentation and materials, without the prior written consent of Mediocrity Interactive;
c) Make copies of this Software or any of its parts or included materials, except for back up or archival purposes;
d) Copy this Software and/or any included materials onto any internal or external storage device in addition to the copy downloaded automatically from Steam as part of the installation process of this Software;
e) Use or copy the Software at a computer gaming center or any other location-based site;
f) Reverse engineer, disassemble, or otherwise modify the Software or any of its part, excluding approved modifications from the Steam Workshop, if applicable;
g) Remove or modify any proprietary notices or labels contained on or within the Software.
DISCLAIMERS AND LIMITATION OF LIABILITY
Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Mediocrity Interactive, 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, Mediocrity Interactive, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (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 Software, or will not revoke approval of this Software 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 Mediocrity Interactive and Epic. Mediocrity Interactive, 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 Mediocrity Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mediocrity Interactive’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 Software or any of its parts, 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 Mediocrity Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mediocrity Interactive’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 Mediocrity Interactive’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 Mediocrity Interactive, 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 Mediocrity Interactive, Epic, Epic’s licensors, its and their affiliates, and any of Mediocrity Interactive’s or Epic’s service providers shall be limited to the full extent permitted by law.
INDEMNITY
You agree to defend, indemnify and hold Mediocrity Interactive and its licensors, employees, contractors, affiliates and partners harmless from all losses, damages and expenses caused directly or indirectly from your actions and/or omissions to use this Software in accordance with the terms and conditions of this Agreement.
TERMINATION:
This Agreement and any and all licenses granted by it are effective until terminated. Termination shall occur automatically without notice should you fail to comply with any provision of this Agreement. In case of termination you shall immediately cease using this Software and any of its materials, and destroy the Software, the Documentation, and any materials of this software, and all copies of the Software and/or its components.
THE FOLLOWING AGREEMENT DESCRIBES THE TERMS THAT REGULATE YOUR USE OF THIS SOFTWARE. “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT AND RELATED DOCUMENTATION AND ANY OTHER ELECTRONIC MATERIALS, AND ANY COPIES OF THIS SOFTWARE AND ITS ACCOMPANYING DOCUMENTS AND MATERIALS. BY INSTALLING AND/OR USING THE SOFTWARE AND ANY INCLUDED MATERIALS, YOU ACCEPT THE TERMS OF THIS LICENSE WITH MEDIOCRITY INTERACTIVE, THE “LICENSOR”.
OWNERSHIP
Mediocrity Interactive retains all right and interest to this Software, including, but not limited to all copyrights, proprietary rights, computer codes and any other digital component of this Software, etc. The Software is protected by international copyright laws and treaties, and may not be reproduced, copied or distributed in any manner or form, entirely or partially, without the prior written consent from Mediocrity Interactive. Any attempt to copy, reproduce or distribute the entirety or any part of this Software shall be a willful violation of the copyright laws and may result in civil and criminal penalties. The Software contains licensed materials belonging to Epic Games, Inc. (Epic). Epic may protect their rights in the event of any violation of this Agreement.
LICENSE
Under the terms and conditions described in this Agreement, Licensor hereby grants you the non-exclusive, non-transferable, limited right and license to use ONE copy of the Software for your personal, non-commercial use with your Steam account. You hereby acknowledge that no title ownership in this Software is being transferred or given to you. This Agreement is not a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Mediocrity Interactive and its licensors, as applicable.
LICENSE CONDITIONS
You agree not to:
a) Exploit the Software commercially;
b) Sell, rent, license, lease or distribute or transfer in any way this Software, any copies of the Software and its included Documentation and materials, without the prior written consent of Mediocrity Interactive;
c) Make copies of this Software or any of its parts or included materials, except for back up or archival purposes;
d) Copy this Software and/or any included materials onto any internal or external storage device in addition to the copy downloaded automatically from Steam as part of the installation process of this Software;
e) Use or copy the Software at a computer gaming center or any other location-based site;
f) Reverse engineer, disassemble, or otherwise modify the Software or any of its part, excluding approved modifications from the Steam Workshop, if applicable;
g) Remove or modify any proprietary notices or labels contained on or within the Software.
DISCLAIMERS AND LIMITATION OF LIABILITY
Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Mediocrity Interactive, 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, Mediocrity Interactive, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (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 Software, or will not revoke approval of this Software 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 Mediocrity Interactive and Epic. Mediocrity Interactive, 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 Mediocrity Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mediocrity Interactive’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 Software or any of its parts, 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 Mediocrity Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mediocrity Interactive’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 Mediocrity Interactive’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 Mediocrity Interactive, 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 Mediocrity Interactive, Epic, Epic’s licensors, its and their affiliates, and any of Mediocrity Interactive’s or Epic’s service providers shall be limited to the full extent permitted by law.
INDEMNITY
You agree to defend, indemnify and hold Mediocrity Interactive and its licensors, employees, contractors, affiliates and partners harmless from all losses, damages and expenses caused directly or indirectly from your actions and/or omissions to use this Software in accordance with the terms and conditions of this Agreement.
TERMINATION:
This Agreement and any and all licenses granted by it are effective until terminated. Termination shall occur automatically without notice should you fail to comply with any provision of this Agreement. In case of termination you shall immediately cease using this Software and any of its materials, and destroy the Software, the Documentation, and any materials of this software, and all copies of the Software and/or its components.