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END USER LICENSE AGREEMENT (EULA)
The Search for Paradisus: Refined Edition
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
1. General Software Warranty Disclaimer
THE SOFTWARE ("THE SEARCH FOR PARADISUS: REFINED EDITION") IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. MECHANICAL SOULS - GAMES STUDIO, ITS AFFILIATES, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE SOFTWARE, 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 MECHANICAL SOULS - GAMES STUDIO KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), SYSTEMS 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 TRADE, OR BY COURSE OF DEALING.
2. Specific Disclaimer for Epic Games Materials
The 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 "as is" and "as available", "with all faults" and without warranty of any kind. Mechanical Souls - Games 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), systems 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 trade, or by course of dealing. Without limiting the generality of the foregoing, Mechanical Souls - Games Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in "The Search For Paradisus", (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 "The Search For Paradisus", or will not revoke approval of this "The Search For Paradisus" 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 Mechanical Souls - Games Studio and Epic. Mechanical Souls - Games Studio, Epic, and Epic’s affiliates do not warrant 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.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MECHANICAL SOULS - GAMES STUDIO, NOR EPIC, NOR EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF MECHANICAL SOULS - GAMES 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 SOFTWARE OR 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 Mechanical Souls - Games Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mechanical Souls - Games 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 fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise of Mechanical Souls - Games Studio, Epic or Epic’s affiliates, and even if Mechanical Souls - Games 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.
4. Jurisdiction
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 Mechanical Souls - Games Studio, Epic, Epic’s licensors, its and their affiliates, and any of Mechanical Souls - Games Studio’s or Epic’s service providers shall be limited to the full extent permitted by law.
The Search for Paradisus: Refined Edition
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
1. General Software Warranty Disclaimer
THE SOFTWARE ("THE SEARCH FOR PARADISUS: REFINED EDITION") IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. MECHANICAL SOULS - GAMES STUDIO, ITS AFFILIATES, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE SOFTWARE, 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 MECHANICAL SOULS - GAMES STUDIO KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), SYSTEMS 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 TRADE, OR BY COURSE OF DEALING.
2. Specific Disclaimer for Epic Games Materials
The 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 "as is" and "as available", "with all faults" and without warranty of any kind. Mechanical Souls - Games 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), systems 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 trade, or by course of dealing. Without limiting the generality of the foregoing, Mechanical Souls - Games Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in "The Search For Paradisus", (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 "The Search For Paradisus", or will not revoke approval of this "The Search For Paradisus" 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 Mechanical Souls - Games Studio and Epic. Mechanical Souls - Games Studio, Epic, and Epic’s affiliates do not warrant 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.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MECHANICAL SOULS - GAMES STUDIO, NOR EPIC, NOR EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF MECHANICAL SOULS - GAMES 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 SOFTWARE OR 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 Mechanical Souls - Games Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mechanical Souls - Games 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 fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise of Mechanical Souls - Games Studio, Epic or Epic’s affiliates, and even if Mechanical Souls - Games 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.
4. Jurisdiction
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 Mechanical Souls - Games Studio, Epic, Epic’s licensors, its and their affiliates, and any of Mechanical Souls - Games Studio’s or Epic’s service providers shall be limited to the full extent permitted by law.