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Please read carefully.
This end-user license agreement governs the relationship between you, the end-user, and Ramjet Studios Ltd. in the end-user's use of VEIN ("the software").
This end-user license agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ramjet Studios Ltd, concerning your access to and use of the software. You agree that by accessing the software, you have read, understood, and agreed to be bound by all of this end-user license agreement. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SOFTWARE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
LICENSE
The end-user is being granted a limited, non-exclusive, non-transferable, and revocable license to use the software for personal non-commercial purposes.
Distributing, selling, or otherwise transferring ownership of the software is not permitted.
Using the software to violate local applicable laws is not permitted.
USER REPRESENTATIONS
By using the software, you represent and warrant that: (1) you have the legal capacity and you agree to comply with this end-user license agreement; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the software; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the software for any illegal or unauthorized purpose; and (6) your use of the software will not violate any applicable law or regulation.
OWNERSHIP
Ramjet Studios Ltd. retains all ownership and intellectual property rights in the software, such as copyrights, trademarks, and trade secrets. Ramjet Studios Ltd. owns all rights, title, and interest in the software.
This end-user license agreement does not transfer any intellectual property rights to the end-user.
USER GENERATED CONTENT
The end-user has the right to modify the game and create user-generated content. The end-user is prohibited from creating content that is illegal, offensive, infringing on intellectual property rights, or otherwise violating this end-user license agreement. Ramjet Studios Ltd. reserves the right to remove prohibited user-generated content at discretion, particularly if it violates this end-user license agreement or violates applicable laws.
PRIVACY AND DATA COLLECTION
Ramjet Studios Ltd. has the right to collect data upon receiving permission from the end-user. The end-user is not required to opt into data collection. If the end-user does not opt into data collection, Ramjet Studios Ltd. will not transmit user data. The privacy policy can be found at https://ramjetstudios.com/privacy.
We care about data privacy and security. By using the software, you agree to be bound by our Privacy Policy, which is linked above. Please be advised the software is hosted in Canada. If you access the software from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the software, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from our records as quickly as is reasonably practical.
THIRD PARTIES
The software may contain (or you may be sent via the software) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the software or any Third-Party Content posted on, available through, or installed from the software, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the software and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the software or relating to any applications you use or install from the software. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
CORRECTIONS
There may be information on the software that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the software at any time, without prior notice.
GOVERNING LAW
This end-user license agreement shall be governed by and defined following the laws of Canada. Ramjet Studios Ltd. and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with this end-user license agreement.
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Canada courts. Ramjet Studios Ltd. shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SOFTWARE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE'S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SOFTWARE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VEIN 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. Ramjet Studios 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, Ramjet Studios Ltd., Epic, and Epic's affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the VEIN, (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 VEIN, or will not revoke approval of this VEIN 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 Ramjet Studios Ltd. and Epic. Ramjet Studios 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 Ramjet Studios Ltd., Epic, Epic's licensors, nor its or their affiliates, nor any of Ramjet Studios Ltd.'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 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 Ramjet Studios Ltd., Epic, Epic's licensors, nor its or their affiliates, nor any of Ramjet Studios Ltd.'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 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 Ramjet Studios Ltd.'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 Ramjet Studios 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 Ramjet Studios Ltd., Epic, Epic's licensors, its and their affiliates, and any of Ramjet Studios Ltd.'s or Epic's service providers shall be limited to the full extent permitted by law.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the software; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the software with whom you connected via the software. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
TERM & TERMINATION
Ramjet Studios Ltd. reserves the right to revoke the end-user's license if they breach the end-user license agreement or engage in otherwise prohibited or illegal activities.
Upon termination of this license, the end-user must immediately cease using the software, uninstall it, and destroy any copies in their possession.
This end-user license agreement shall remain in full force and effect while you use the software. WITHOUT LIMITING ANY OTHER PROVISION OF THIS END-USER LICENSE AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SOFTWARE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SOFTWARE WITHOUT WARNING, IN THE EVENT THAT YOU VIOLATE THE END-USER LICENSE AGREEMENT OR USE IT FOR ILLEGAL PURPOSES.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the software, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the software, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SOFTWARE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
USER DATA
We will maintain certain data that you transmit from the software for the purpose of managing the performance of the software, as well as data relating to your use of the software. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the software. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
MISCELLANEOUS
This end-user license agreement and any policies or operating rules posted by us on the software or in respect to the software constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this end-user license agreement shall not operate as a waiver of such right or provision. This end-user license agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this end-user license agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this end-user license agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this end-user license agreement or use of the software. You agree that this end-user license agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this end-user license agreement and the lack of signing by the parties hereto to execute this end-user license agreement.
CONTACT US
In order to resolve a complaint regarding the software or to receive further information regarding use of the software, please contact us at:
legal@ramjetstudios.com
This end-user license agreement governs the relationship between you, the end-user, and Ramjet Studios Ltd. in the end-user's use of VEIN ("the software").
This end-user license agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ramjet Studios Ltd, concerning your access to and use of the software. You agree that by accessing the software, you have read, understood, and agreed to be bound by all of this end-user license agreement. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SOFTWARE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
LICENSE
The end-user is being granted a limited, non-exclusive, non-transferable, and revocable license to use the software for personal non-commercial purposes.
Distributing, selling, or otherwise transferring ownership of the software is not permitted.
Using the software to violate local applicable laws is not permitted.
USER REPRESENTATIONS
By using the software, you represent and warrant that: (1) you have the legal capacity and you agree to comply with this end-user license agreement; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the software; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the software for any illegal or unauthorized purpose; and (6) your use of the software will not violate any applicable law or regulation.
OWNERSHIP
Ramjet Studios Ltd. retains all ownership and intellectual property rights in the software, such as copyrights, trademarks, and trade secrets. Ramjet Studios Ltd. owns all rights, title, and interest in the software.
This end-user license agreement does not transfer any intellectual property rights to the end-user.
USER GENERATED CONTENT
The end-user has the right to modify the game and create user-generated content. The end-user is prohibited from creating content that is illegal, offensive, infringing on intellectual property rights, or otherwise violating this end-user license agreement. Ramjet Studios Ltd. reserves the right to remove prohibited user-generated content at discretion, particularly if it violates this end-user license agreement or violates applicable laws.
PRIVACY AND DATA COLLECTION
Ramjet Studios Ltd. has the right to collect data upon receiving permission from the end-user. The end-user is not required to opt into data collection. If the end-user does not opt into data collection, Ramjet Studios Ltd. will not transmit user data. The privacy policy can be found at https://ramjetstudios.com/privacy.
We care about data privacy and security. By using the software, you agree to be bound by our Privacy Policy, which is linked above. Please be advised the software is hosted in Canada. If you access the software from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the software, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from our records as quickly as is reasonably practical.
THIRD PARTIES
The software may contain (or you may be sent via the software) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the software or any Third-Party Content posted on, available through, or installed from the software, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the software and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the software or relating to any applications you use or install from the software. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
CORRECTIONS
There may be information on the software that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the software at any time, without prior notice.
GOVERNING LAW
This end-user license agreement shall be governed by and defined following the laws of Canada. Ramjet Studios Ltd. and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with this end-user license agreement.
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Canada courts. Ramjet Studios Ltd. shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SOFTWARE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE'S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SOFTWARE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VEIN 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. Ramjet Studios 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, Ramjet Studios Ltd., Epic, and Epic's affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the VEIN, (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 VEIN, or will not revoke approval of this VEIN 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 Ramjet Studios Ltd. and Epic. Ramjet Studios 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 Ramjet Studios Ltd., Epic, Epic's licensors, nor its or their affiliates, nor any of Ramjet Studios Ltd.'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 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 Ramjet Studios Ltd., Epic, Epic's licensors, nor its or their affiliates, nor any of Ramjet Studios Ltd.'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 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 Ramjet Studios Ltd.'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 Ramjet Studios 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 Ramjet Studios Ltd., Epic, Epic's licensors, its and their affiliates, and any of Ramjet Studios Ltd.'s or Epic's service providers shall be limited to the full extent permitted by law.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the software; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the software with whom you connected via the software. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
TERM & TERMINATION
Ramjet Studios Ltd. reserves the right to revoke the end-user's license if they breach the end-user license agreement or engage in otherwise prohibited or illegal activities.
Upon termination of this license, the end-user must immediately cease using the software, uninstall it, and destroy any copies in their possession.
This end-user license agreement shall remain in full force and effect while you use the software. WITHOUT LIMITING ANY OTHER PROVISION OF THIS END-USER LICENSE AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SOFTWARE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SOFTWARE WITHOUT WARNING, IN THE EVENT THAT YOU VIOLATE THE END-USER LICENSE AGREEMENT OR USE IT FOR ILLEGAL PURPOSES.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the software, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the software, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SOFTWARE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
USER DATA
We will maintain certain data that you transmit from the software for the purpose of managing the performance of the software, as well as data relating to your use of the software. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the software. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
MISCELLANEOUS
This end-user license agreement and any policies or operating rules posted by us on the software or in respect to the software constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this end-user license agreement shall not operate as a waiver of such right or provision. This end-user license agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this end-user license agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this end-user license agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this end-user license agreement or use of the software. You agree that this end-user license agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this end-user license agreement and the lack of signing by the parties hereto to execute this end-user license agreement.
CONTACT US
In order to resolve a complaint regarding the software or to receive further information regarding use of the software, please contact us at:
legal@ramjetstudios.com