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This End User License Agreement ("Agreement") is a legal agreement between you and Wintertent studios for the use of the game software "The hermit chronicles" ("Software").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL, COPY OR USE THE SOFTWARE.
GRANT OF LICENSE.
Wintertent studio hereby grants to you, and you accept, a non-exclusive license to use the Software and its accompanying documentation, only as authorized in this Agreement. The Software is licensed, not sold.
LIMITATIONS ON USE.
You may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software. You may not rent, lease, lend, distribute, sell, sublicense or transfer the Software or the license granted by this Agreement. You may not remove or alter any copyright, trademark, or other proprietary notices on the Software or its accompanying documentation.
TERMINATION.
This Agreement will terminate automatically if you fail to comply with any of its provisions. Upon termination, you must immediately destroy all copies of the Software and its accompanying documentation.
DISCLAIMERS AND LIMITATION OF LIABILITY
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. Wintertent Studio, 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, Wintertent Studio, 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 Wintertent Studio and Epic. Wintertent Studio, 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 Wintertent Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Wintertent Studio'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 Wintertent Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Wintertent Studio'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 Wintertent Studio'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 Wintertent Studio, 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 Wintertent Studio, Epic, Epic’s licensors, its and their affiliates, and any of Wintertent Studio's or Epic’s service providers shall be limited to the full extent permitted by law.
GENERAL.
This Agreement constitutes the entire agreement between you and Wintertent studios regarding the use of the Software and supersedes all prior agreements between the parties regarding its subject matter. This Agreement may not be modified except in writing signed by both you and Wintertent studios. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of Russian federation, without regard to its conflicts of law principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively by courts located in Russian Federation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL, COPY OR USE THE SOFTWARE.
GRANT OF LICENSE.
Wintertent studio hereby grants to you, and you accept, a non-exclusive license to use the Software and its accompanying documentation, only as authorized in this Agreement. The Software is licensed, not sold.
LIMITATIONS ON USE.
You may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software. You may not rent, lease, lend, distribute, sell, sublicense or transfer the Software or the license granted by this Agreement. You may not remove or alter any copyright, trademark, or other proprietary notices on the Software or its accompanying documentation.
TERMINATION.
This Agreement will terminate automatically if you fail to comply with any of its provisions. Upon termination, you must immediately destroy all copies of the Software and its accompanying documentation.
DISCLAIMERS AND LIMITATION OF LIABILITY
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. Wintertent Studio, 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, Wintertent Studio, 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 Wintertent Studio and Epic. Wintertent Studio, 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 Wintertent Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Wintertent Studio'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 Wintertent Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Wintertent Studio'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 Wintertent Studio'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 Wintertent Studio, 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 Wintertent Studio, Epic, Epic’s licensors, its and their affiliates, and any of Wintertent Studio's or Epic’s service providers shall be limited to the full extent permitted by law.
GENERAL.
This Agreement constitutes the entire agreement between you and Wintertent studios regarding the use of the Software and supersedes all prior agreements between the parties regarding its subject matter. This Agreement may not be modified except in writing signed by both you and Wintertent studios. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of Russian federation, without regard to its conflicts of law principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively by courts located in Russian Federation.