This End-User License Agreement ("EULA") is a legal agreement between you and Intersky Studios

This EULA agreement governs your acquisition and use of our INFINITE VERSUS: 3D MUGEN software ("Software") directly from Intersky Studios or indirectly through a Intersky Studios authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the INFINITE VERSUS: 3D MUGEN software. It provides a license to use the INFINITE VERSUS: 3D MUGEN software and contains warranty information and liability disclaimers.

By clicking "accept" or installing and/or using the INFINITE VERSUS: 3D MUGEN 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 Intersky Studios herewith regardless of whether other software is referred to or described herein. The terms also apply to any Intersky Studios 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 INFINITE VERSUS: 3D MUGEN.

Disclaimers and Limitation of Liability

The Licensed Materials and Mods are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind. Intersky Studios LLC, Intersky Studios LLC , its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Licensed Materials or Mods, 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 Intersky Studios LLC 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, Intersky Studios LLC, its licensors, and its and their affiliates make no warranty that (1) the Licensed Materials or Mods will operate properly, (2) that the Licensed Materials, or Mods will meet your requirements, (3) that the operation of the Licensed Materials, or Mods will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Licensed Materials, or Mods can or will be corrected. 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. Intersky Studios LLC, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Licensed Materials or Mods. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Intersky Studios LLC, nor its licensors, nor its or their affiliates, nor any of Intersky Studios LLC's service providers (collectively, the "Intersky Studios LLC Parties"), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the Licensed Materials or Mods, even in the event of an Intersky Studios LLC Party's fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Intersky Studios LLC Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Intersky Studios LLC Parties arising out of or in connection with this Agreement or the Licensed Materials or Mods will not exceed the total amounts you have paid (if any) to Intersky Studios LLC under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Since 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 foregoing limitations of liability shall apply only to the full extent permitted by law.

Indemnity

You agree to indemnify, pay the defense costs of, and hold Intersky Studios LLC, Intersky Studios LLC, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Licensed Materials or Mods, or (c) any Mods or other materials you make available (including without limitation allegations that your Mods infringe third party intellectual property rights). You agree to reimburse Intersky Studios LLC on demand for any defense costs incurred by Intersky Studios LLC and any payments made or loss suffered by Intersky Studios LLC, whether in a court judgment or settlement, based on any matter covered by this Section 10.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are the stated subject matter of the indemnification obligation above.

License Grant

Intersky Studios hereby grants you a personal, non-transferable, non-exclusive licence to use the INFINITE VERSUS: 3D MUGEN software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the INFINITE VERSUS: 3D MUGEN 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 INFINITE VERSUS: 3D MUGEN 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 Intersky Studios considers is a breach of this EULA agreement

Intellectual Property and Ownership

Intersky Studios 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 Intersky Studios.

Intersky Studios 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 Intersky Studios.

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.

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 us.