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TICKDOWN END USER LICENSE AGREEMENT
READ THE FOLLOWING BEFORE CLICKING “I AGREE” ON THE EULA NOTIFICATION. THIS EULA IS ONLY BETWEEN DYZANTINE, AND THE END USER (“YOU”) FOR THE DOWNLOAD AND USAGE OF THE GAME SOFTWARE TICKDOWN. IT IS A BINDING LEGAL AGREEMENT BETWEEN DYZANTINE AND YOU.
BY CLICKING “I AGREE” OR USING TICKDOWN IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS IN THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO SOMETHING IN THIS EULA, OR YOU ARE NOT OF THE LEGAL AGE IN YOUR JURISDICTION REQUIRED TO CONSENT TO THE LEGAL AGREEMENT, SELECT “CANCEL” OR “DISAGREE” IN THE EULA NOTIFICATION SCREEN, AND DO NOT USE TICKDOWN.
OWNERSHIP
By purchasing TICKDOWN, you are granted a license to use TICKDOWN. TICKDOWN is owned by DYZANTINE, and the purchase or any other kind of acquisition of TICKDOWN does not grant ownership to you.
CHANGES TO THE EULA
The content in the EULA is subject to change at any time. Changes will be communicated through Steam services. By using TICKDOWN after such an update, you agree to the terms of the new version of the EULA.
LIMITATION OF LIABILITY
TICKDOWN IS PROVIDED “AS IS”, AND THERE IS NO GUARANTEE THAT THERE WILL BE NO BUGS, ERRORS, VIRUSES OR OTHER DEFECTS PRESENT IN TICKDOWN. IF PRESENT, THERE IS NO GUARANTEE THAT THESE ISSUES WILL BE RESOLVED IN A TIMELY MANNER.
THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYZANTINE, SHALL NOT BE HELD LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE OF TICKDOWN, 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 DYZANTINE BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR TICKDOWN, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF TICKDOWN, EVEN IN THE EVENT OF DYZANTINE'S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF DYZANTINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION. IN NO EVENT SHALL DYZANTINE’S TOTAL LIABILITY EXCEED THE TOTAL PRICE PAID FOR TICKDOWN.
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 DYZANTINE AND ANY OF DYZANTINE'S OR SERVICE PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
SOFTWARE UPDATES
You agree that TICKDOWN may be automatically updated from time to time. Updates to TICKDOWN will be covered under the same terms as this EULA.
INDEMNIFICATION
You agree to indemnify and hold DYZANTINE, as well as ADIL MALIK, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of TICKDOWN.
Supplemental Disclaimers and Limitation of Liability for Unreal® Engine
TICKDOWN 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. DYZANTINE, 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, DYZANTINE, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the TICKDOWN, (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 TICKDOWN, or will not revoke approval of this TICKDOWN 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 DYZANTINE and Epic. DYZANTINE, 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 DYZANTINE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DYZANTINE'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 EULA, 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 DYZANTINE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DYZANTINE'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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of DYZANTINE'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 DYZANTINE, 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 DYZANTINE, Epic, Epic’s licensors, its and their affiliates, and any of DYZANTINE's or Epic’s service providers shall be limited to the full extent permitted by law.
TERMINATION
This agreement takes place as soon as you click “I AGREE” on the Steam EULA notification screen or use TICKDOWN. You may terminate this EULA by deleting TICKDOWN from your computer or console. Termination of this EULA will not result in the nullification of any of the other sections in this EULA.
VALIDITY
If any individual part of this EULA is declared invalid, the rest of the EULA will still apply. Provisions in the EULA that are declared partially invalid will be re-interpreted to match the original provision, to the maximum extent permissible under the law.
READ THE FOLLOWING BEFORE CLICKING “I AGREE” ON THE EULA NOTIFICATION. THIS EULA IS ONLY BETWEEN DYZANTINE, AND THE END USER (“YOU”) FOR THE DOWNLOAD AND USAGE OF THE GAME SOFTWARE TICKDOWN. IT IS A BINDING LEGAL AGREEMENT BETWEEN DYZANTINE AND YOU.
BY CLICKING “I AGREE” OR USING TICKDOWN IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS IN THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO SOMETHING IN THIS EULA, OR YOU ARE NOT OF THE LEGAL AGE IN YOUR JURISDICTION REQUIRED TO CONSENT TO THE LEGAL AGREEMENT, SELECT “CANCEL” OR “DISAGREE” IN THE EULA NOTIFICATION SCREEN, AND DO NOT USE TICKDOWN.
OWNERSHIP
By purchasing TICKDOWN, you are granted a license to use TICKDOWN. TICKDOWN is owned by DYZANTINE, and the purchase or any other kind of acquisition of TICKDOWN does not grant ownership to you.
CHANGES TO THE EULA
The content in the EULA is subject to change at any time. Changes will be communicated through Steam services. By using TICKDOWN after such an update, you agree to the terms of the new version of the EULA.
LIMITATION OF LIABILITY
TICKDOWN IS PROVIDED “AS IS”, AND THERE IS NO GUARANTEE THAT THERE WILL BE NO BUGS, ERRORS, VIRUSES OR OTHER DEFECTS PRESENT IN TICKDOWN. IF PRESENT, THERE IS NO GUARANTEE THAT THESE ISSUES WILL BE RESOLVED IN A TIMELY MANNER.
THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYZANTINE, SHALL NOT BE HELD LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE OF TICKDOWN, 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 DYZANTINE BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR TICKDOWN, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF TICKDOWN, EVEN IN THE EVENT OF DYZANTINE'S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF DYZANTINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION. IN NO EVENT SHALL DYZANTINE’S TOTAL LIABILITY EXCEED THE TOTAL PRICE PAID FOR TICKDOWN.
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 DYZANTINE AND ANY OF DYZANTINE'S OR SERVICE PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
SOFTWARE UPDATES
You agree that TICKDOWN may be automatically updated from time to time. Updates to TICKDOWN will be covered under the same terms as this EULA.
INDEMNIFICATION
You agree to indemnify and hold DYZANTINE, as well as ADIL MALIK, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of TICKDOWN.
Supplemental Disclaimers and Limitation of Liability for Unreal® Engine
TICKDOWN 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. DYZANTINE, 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, DYZANTINE, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the TICKDOWN, (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 TICKDOWN, or will not revoke approval of this TICKDOWN 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 DYZANTINE and Epic. DYZANTINE, 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 DYZANTINE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DYZANTINE'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 EULA, 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 DYZANTINE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DYZANTINE'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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of DYZANTINE'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 DYZANTINE, 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 DYZANTINE, Epic, Epic’s licensors, its and their affiliates, and any of DYZANTINE's or Epic’s service providers shall be limited to the full extent permitted by law.
TERMINATION
This agreement takes place as soon as you click “I AGREE” on the Steam EULA notification screen or use TICKDOWN. You may terminate this EULA by deleting TICKDOWN from your computer or console. Termination of this EULA will not result in the nullification of any of the other sections in this EULA.
VALIDITY
If any individual part of this EULA is declared invalid, the rest of the EULA will still apply. Provisions in the EULA that are declared partially invalid will be re-interpreted to match the original provision, to the maximum extent permissible under the law.