| Language: |
End User License Agreement
This End User License Agreement (“EULA”) is an agreement between you and Mumyou Tsujigiri, the creator, seated in Japan, (“Mumyou Tsujigiri”) This License governs your use of this software product and all related documentation (manuals, packaging) either printed or files, downloaded or accessed on-line, as well as updates and upgrades that replace or supplement the software and are not distributed with a separate license (hereinafter collectively referred to as the ("Software").
The Software is licensed, not sold. By installing or using the Software, you confirm to have read the EULA and consent to be bound by the terms and conditions defined herein. If you do not agree to the terms of this EULA, you are not permitted to install or use the Software.
The Software is protected by national copyright laws as well as by international intellectual property treaties.
The License
Subject to this EULA Mumyou Tsujigiri grants you a non exclusive and limited license to install and use one copy of the Software on a single computer or other gaming unit (depending on the type of the operating system which the Software is designed for), only for personal, non – commercial purposes. The Software cannot be shared, installed simultaneously on more than one computer or gaming unit or installed in the network.
Mumyou Tsujigiri only licenses the Software and you hereby acknowledge that no intellectual property rights, title or ownership of the Software is being transferred or assigned to you. Mumyou Tsujigiri retains all rights ( including, but not limited to copyright, other intellectual property rights, as trademarks) to the Software, any part of it, in particular the parts of the Software that may be regarded as independent work (e.g. themes, sounds, soundtracks, graphics, artworks, characters, descriptions, dialogues, etc.) and all related materials. Any rights not expressly granted to you by this EULA are retained by Mumyou Tsujigiri.
This EULA terminates immediately if you attempt to circumvent technical protection measures used in connection with the Software.
Limitations
You are not entitled to (a) use the Software for any commercial purposes, that is the purposes intended for derivation of any direct or indirect economic benefits; (b) distribute, sublicense, rent, lease, transfer of assign the Software to any third parties, unless expressly stipulated herein; (c) install or use of the software on the network, grant an access to it on – line or install the Software on more than one computer or gaming unit at a time; (d) bypass any technical protective measures used to prevent unlawful use or copying of the Software or any of its features; (e) reverse engineer, decompile, disassemble, make derivative works or modify the Software, (f) remove or modify any of the trademarks, logos and other notices contained in the Software.
If you breach the provisions defined in “The License” or “Limitations” section, Mumyou Tsujigiri shall be entitled to terminate the EULA with 14 days termination notice, and/or pursue any rights granted to Mumyou Tsujigiri by acts of generally applicable law. This EULA terminates immediately if you attempt to circumvent technical protection measures used in connection with the Software. If the EULA terminates, you must permanently uninstall and delete the Software and any copies of it.
Limited Warranty
Mumyou Tsujigiri warrants to you that this Software is compatible with a personal computer or other gaming unit, meeting the minimum system requirements listed in the Software documentation. Although the Software has been tested, Mumyou Tsujigiri does not warrant that the Software will not interfere with third party software or drivers installed on your computer. Such interference may influence the performance of the Software or even prevent it from running. If your copy of the Software proves to be defective, Mumyou Tsujigiri shall replace such copy by allowing you to download it from the server. No support for the software is provided upon this license. The software is provided on an "as is" basis.
Disclaimers and Limitation of Liability
Subject to “Consumer Rights” section, Mumyou Tsujigiri shall in no event be liable for any damage, direct or indirect, special, incidental or consequential damages arising out of the use or inability to use the software. This includes but is not limited to lost profits, hardware or software damage, stoppage or malfunction and work stoppage. This in particular means that liability of Mumyou Tsujigiri based on the contract, tort or other legal theory, is excluded to the greatest extent permitted by law.
Software 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. Mumyou Tsujigiri, 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, Mumyou Tsujigiri, 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 Mumyou Tsujigiri and Epic. Mumyou Tsujigiri, 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 Mumyou Tsujigiri, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mumyou Tsujigiri 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 Software, 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 Mumyou Tsujigiri, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mumyou Tsujigiri 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 Software or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Mumyou Tsujigiri, 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 Mumyou Tsujigiri, 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 Mumyou Tsujigiri, Epic, Epic’s licensors, its and their affiliates, and any of Mumyou Tsujigiri or Epic’s service providers shall be limited to the full extent permitted by law.
Consumer Rights
Local legislations may grant you certain consumer rights that cannot be excluded by the provisions of this EULA. In the event of discrepancy between this EULA and statutory consumer rights, such rights shall prevail, subject to the following limitation: You accept and acknowledge that you are responsible for the safety of the data stored on your computer. You should regularly make backup copies of your essential data and do not simultaneously launch many programs because the potential interference between such programs may effect in data loss or loss of the effect of your work. Due to this fact Mumyou Tsujigiri shall not be liable for the data loss.
Final Provisions
This EULA shall be governed by the Japanese law.
This Agreement constitutes the entire understanding between the parties which supersedes any prior agreements, written or oral, within the scope of the object of this agreement.
This End User License Agreement (“EULA”) is an agreement between you and Mumyou Tsujigiri, the creator, seated in Japan, (“Mumyou Tsujigiri”) This License governs your use of this software product and all related documentation (manuals, packaging) either printed or files, downloaded or accessed on-line, as well as updates and upgrades that replace or supplement the software and are not distributed with a separate license (hereinafter collectively referred to as the ("Software").
The Software is licensed, not sold. By installing or using the Software, you confirm to have read the EULA and consent to be bound by the terms and conditions defined herein. If you do not agree to the terms of this EULA, you are not permitted to install or use the Software.
The Software is protected by national copyright laws as well as by international intellectual property treaties.
The License
Subject to this EULA Mumyou Tsujigiri grants you a non exclusive and limited license to install and use one copy of the Software on a single computer or other gaming unit (depending on the type of the operating system which the Software is designed for), only for personal, non – commercial purposes. The Software cannot be shared, installed simultaneously on more than one computer or gaming unit or installed in the network.
Mumyou Tsujigiri only licenses the Software and you hereby acknowledge that no intellectual property rights, title or ownership of the Software is being transferred or assigned to you. Mumyou Tsujigiri retains all rights ( including, but not limited to copyright, other intellectual property rights, as trademarks) to the Software, any part of it, in particular the parts of the Software that may be regarded as independent work (e.g. themes, sounds, soundtracks, graphics, artworks, characters, descriptions, dialogues, etc.) and all related materials. Any rights not expressly granted to you by this EULA are retained by Mumyou Tsujigiri.
This EULA terminates immediately if you attempt to circumvent technical protection measures used in connection with the Software.
Limitations
You are not entitled to (a) use the Software for any commercial purposes, that is the purposes intended for derivation of any direct or indirect economic benefits; (b) distribute, sublicense, rent, lease, transfer of assign the Software to any third parties, unless expressly stipulated herein; (c) install or use of the software on the network, grant an access to it on – line or install the Software on more than one computer or gaming unit at a time; (d) bypass any technical protective measures used to prevent unlawful use or copying of the Software or any of its features; (e) reverse engineer, decompile, disassemble, make derivative works or modify the Software, (f) remove or modify any of the trademarks, logos and other notices contained in the Software.
If you breach the provisions defined in “The License” or “Limitations” section, Mumyou Tsujigiri shall be entitled to terminate the EULA with 14 days termination notice, and/or pursue any rights granted to Mumyou Tsujigiri by acts of generally applicable law. This EULA terminates immediately if you attempt to circumvent technical protection measures used in connection with the Software. If the EULA terminates, you must permanently uninstall and delete the Software and any copies of it.
Limited Warranty
Mumyou Tsujigiri warrants to you that this Software is compatible with a personal computer or other gaming unit, meeting the minimum system requirements listed in the Software documentation. Although the Software has been tested, Mumyou Tsujigiri does not warrant that the Software will not interfere with third party software or drivers installed on your computer. Such interference may influence the performance of the Software or even prevent it from running. If your copy of the Software proves to be defective, Mumyou Tsujigiri shall replace such copy by allowing you to download it from the server. No support for the software is provided upon this license. The software is provided on an "as is" basis.
Disclaimers and Limitation of Liability
Subject to “Consumer Rights” section, Mumyou Tsujigiri shall in no event be liable for any damage, direct or indirect, special, incidental or consequential damages arising out of the use or inability to use the software. This includes but is not limited to lost profits, hardware or software damage, stoppage or malfunction and work stoppage. This in particular means that liability of Mumyou Tsujigiri based on the contract, tort or other legal theory, is excluded to the greatest extent permitted by law.
Software 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. Mumyou Tsujigiri, 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, Mumyou Tsujigiri, 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 Mumyou Tsujigiri and Epic. Mumyou Tsujigiri, 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 Mumyou Tsujigiri, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mumyou Tsujigiri 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 Software, 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 Mumyou Tsujigiri, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mumyou Tsujigiri 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 Software or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Mumyou Tsujigiri, 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 Mumyou Tsujigiri, 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 Mumyou Tsujigiri, Epic, Epic’s licensors, its and their affiliates, and any of Mumyou Tsujigiri or Epic’s service providers shall be limited to the full extent permitted by law.
Consumer Rights
Local legislations may grant you certain consumer rights that cannot be excluded by the provisions of this EULA. In the event of discrepancy between this EULA and statutory consumer rights, such rights shall prevail, subject to the following limitation: You accept and acknowledge that you are responsible for the safety of the data stored on your computer. You should regularly make backup copies of your essential data and do not simultaneously launch many programs because the potential interference between such programs may effect in data loss or loss of the effect of your work. Due to this fact Mumyou Tsujigiri shall not be liable for the data loss.
Final Provisions
This EULA shall be governed by the Japanese law.
This Agreement constitutes the entire understanding between the parties which supersedes any prior agreements, written or oral, within the scope of the object of this agreement.