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SQUADRON™ END USER LICENSE AGREEMENT (EULA), including
TERMS OF USE AND PRIVACY POLICY
1. IMPORTANT, PLEASE READ THE FOLLOWING CAREFULLY:
WE RECOMMEND THAT YOU READ THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE CLICKING ON THE "I AGREE" BUTTON ON THE END USER LICENSE AGREEMENT PAGE. THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AS AN INDIVIDUAL OR SOLE ENTITY), THE END USER AND NEW TEKA GAMES STUDIO PUBLISHING AB, AND ITS AFFILIATES ("TEKA GAMES STUDIO") FOR SQUADRON™, WHICH INCLUDES THE SOFTWARE PRODUCT AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ONLINE" OR ELECTRONIC DOCUMENTATION. (COLLECTIVELY, THE "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU WILL NOT BE ABLE TO ACCESS AN ONLINE EXPERIENCE WITH THE SOFTWARE PRODUCT. IF YOU DO NOT ACCEPT THEM, PLEASE SELECT "REJECT". YOU ACKNOWLEDGE THAT BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT AND AGREE TO BE BOUND BY ITS TERMS.
2. OWNERSHIP
It is hereby understood and agreed that Teka games studio owns all right, title and interest in and to the Software Product, regardless of the medium or form of the original download, whether from the Internet, disc or otherwise. You do not acquire any ownership rights in the Software Product as a licensee ("Licensee") by downloading, installing, copying or using the Software Product by you.
3. GENERAL
The Software Product is licensed to you, not sold, by Teka games studio for the sole purpose of its use in accordance with the terms of this EULA. The Software Product is protected by international copyright laws and treaties, as well as other laws and treaties on intellectual property rights. The rights granted herein are limited to the intellectual property rights in the Software Product of Teka games studio and its licensors and do not include any other patents or intellectual property rights. The terms of this EULA, as well as the Terms of Use and Privacy Policy, will govern any software upgrades provided by Teka games studio that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will apply.
4. SOFTWARE PRODUCT
Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The software package of the Software Product (if applicable);
2. All content, components, annexes, software, media and codes with which this Agreement is provided and communicated through the Website;
3. All pictures, photographs, drawings, illustrations, cliparts, fonts and other artistic productions (the "Illustrations");
4. Related explanatory material and written instructions, as well as any other related documentation (the "Documentation"); and
5. Upgrades, Modified Versions, Updates, Additions and Copies of the Software Product (the "Upgrades"), as applicable, licensed by Teka games studio pursuant to this EULA.
5. LICENSING AND RESTRICTIONS
A. Teka games studio grants you a non-exclusive, non-transferable, end-user license right to access the Software Product via an on-demand online service and/or to install the Software Product on the local hard drive(s) or other permanent storage medium of a computer, and to use the Software Product on one account at a time. If necessary, Licensee may physically transfer the Program from one computer to another, provided that it is used on only one computer at a time.
B. Unless otherwise stated in the Documentation or with the express prior written consent of Teka games studio, you may not display, modify, reproduce or distribute any Illustration or any portion thereof, including with or in connection with the Software Product, if any. All authorized presentation, modification, reproduction and distribution shall be in full compliance with this EULA. The use, presentation, modification, reproduction and dissemination of the Illustrations shall in no way confer on you any intellectual property or proprietary rights in the Illustrations. All rights, title and interest are the exclusive property of Teka games studio.
C. You may not, without the express written permission of Teka games studio:
1. Copy or reproduce the Software Product;
2. Transfer the Software Product electronically via a local area network (LAN) or other network system or bulletin board system; or
3. Modify, adapt or create derivative works based on the Software Product or any accompanying documentation.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. Teka games studio may, from time to time and at its sole discretion, provide you with support services in connection with the Software Product (the "Support Services"). Teka games studio reserves the right to modify, suspend or terminate the Support Services at any time, for any reason.
B. Any additional software, code, content or media provided to you as part of the Support Services shall be deemed part of the Software Product and subject to the terms and conditions of this EULA.
C. Teka games studio retains all right, title and interest in and to the Software Product, and any rights not granted to you hereunder are reserved to Teka games studio. You hereby expressly agree not to extract information from, reverse engineer, disassemble, decompile or translate the Software Product, or otherwise attempt to exploit the source code of the Software, except to the extent permitted by applicable law. If such activities are permitted by applicable law, any information discovered by you or your authorized representatives shall be promptly disclosed to Teka games studio and shall be deemed to be confidential information of Teka games studio.
D. You shall not modify, sublicense, assign or transfer the Software Product or any rights under this EULA except as expressly provided in this EULA. Any attempt to sublicense, assign or transfer any rights, duties or obligations shall be void.
E. You may permanently transfer all of your rights under this EULA, provided that you do not retain any copies, that you transfer the entire Software Product (including all its components, printed media and materials, any upgrades, this EULA and all modifications and program elements contained or merged in other provisions). The other party must accept the terms of the EULA.
F. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TEKA GAMES STUDIO.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including, without limitation, posts, screenshots, user-generated artwork or other content that may be viewed by others ("User-Generated Content"). You acknowledge that neither Teka games studio nor any original supplier of the platform you access and/or use the Software Product on is responsible for User Generated Content provided by others. Teka games studio assumes no obligation to pre-screen User Generated Content, but Teka games studio has the right to refuse to publish, edit or distribute any User Generated Content submitted. Teka games studio reserves the right to remove User-Generated Content for any reason, but Teka games studio will not be liable for any failure or delay in removing such content. Teka games studio reserves the right to block any user's access to any content, web site or web page provided by Teka games studio, in its sole discretion.
B. You represent that you have the right to publish any User Generated Content that you publish on and/or in connection with the Software Product, and that such content, or its use by us as contemplated by this Agreement does not violate this Agreement, applicable law or the intellectual property rights of any third party. In consideration of your use of the Software Product, you hereby grant Teka games studio and/or the manufacturer of the platform from which you access and/or use the Software Product, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable, worldwide right and license to use your contributions, including, without limitation, the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit or otherwise communicate to the public, in any media now known or hereafter devised, for any purpose, without notice or compensation to you. You hereby waive and relinquish any and all claims based on "moral rights" (as that term is generally understood) or any and all rights of attribution and integrity in connection with the content submitted to us hereunder. This grant of license and the foregoing waiver of any applicable moral rights shall survive any termination here of license.
You acknowledge that Teka games studio and the other creators of User-Generated Content own the rights to their respective content under applicable copyright and other laws and that, except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to you. You assume full responsibility for the use of any User-Generated Content in violation of such rights.
C. You agree that you will not create, transfer, share, send, submit or upload any User-Generated Content:
a) Protected by copyright, patent, trademark or trade secret or otherwise subject to the exclusive rights of third parties, including, without limitation, rights of privacy and publicity (unless you are the rightful owner or are authorized by the rightful owner) ;
b) Contain fraudulent or false statements likely to harm Teka games studio or a third party;
c) Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, encourages conduct that violates any law or is otherwise inappropriate:
d) Constituting commercial advertising or solicitation;
e) Constituting identity theft; or
9. DURATION
A. This license is effective until terminated. Licensee may terminate this License at any time by destroying the Software Product and all copies thereof, whether complete or partial, and by removing all components thereof.
B. Your rights under this EULA will terminate automatically, without notice from Teka games studio, if you fail to comply with any term or condition of this EULA. In such event, Teka games studio shall not be required to send any notice in order to give effect to the termination.
C. In the event of termination of this EULA, you shall cease all use of the Software Product and destroy all copies, complete or partial, as well as all backup copies, modifications, printed or written materials and any merged parts in any form whatsoever, and remove all components of the Software Product.
10. INTELLECTUAL PROPERTY RIGHTS
A. Teka games studio retains all right, title and interest in and to the Software Product and any modifications or enhancements thereto, and any upgrades, updates or Documentation provided to End User. End User shall not obtain any rights to the Software Product, its updates, upgrades and Documentation by virtue of its responsibilities hereunder.
B. End User acknowledges Teka games studio's exclusive rights to the Software Product and that the Software Product is unique and an original creation of Teka games studio, owned by Teka games studio. Except as otherwise provided by law, End User may not, at any time during or after the effective term of the Agreement, directly or indirectly contest Teka games studio's exclusive right and title to the Software Product or the validity thereof.
C. The End User shall not attempt to develop a software product based on the presentation of the Software Product.
11. APPLICABLE LAW AND DISPUTES
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SWEDISH LAW, WITHOUT REGARD TO CONFLICT OF LAW RULES.
UNLESS OTHERWISE PROVIDED BY MANDATORY LAW, ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS BREACH, TERMINATION OR INVALIDITY SHALL BE FINALLY SETTLED BY THE COURTS OF SWITZERLAND, INCLUDING THE CANTONAL COURT OF GENEVA IN THE FIRST INSTANCE.
12. EXCLUSION OF WARRANTIES
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TEKA GAMES STUDIO AND ITS AFFILIATES (COLLECTIVELY REFERRED TO AS "TEKA GAMES STUDIO" FOR PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TEKA GAMES STUDIO DOES NOT WARRANT THAT THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE PRODUCT WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TEKA GAMES STUDIO OR AN AUTHORIZED REPRESENTATIVE OF TEKA GAMES STUDIO SHALL CREATE ANY WARRANTY. IF THE SOFTWARE PRODUCT PROVES DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CONSUMER STATUTORY RIGHTS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEKA GAMES STUDIO, ITS AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TEKA GAMES STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TEKA GAMES STUDIO'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS CLAUSE SHALL BE LIMITED TO THE HIGHEST AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
TERMS OF USE AND PRIVACY POLICY
1. IMPORTANT, PLEASE READ THE FOLLOWING CAREFULLY:
WE RECOMMEND THAT YOU READ THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE CLICKING ON THE "I AGREE" BUTTON ON THE END USER LICENSE AGREEMENT PAGE. THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AS AN INDIVIDUAL OR SOLE ENTITY), THE END USER AND NEW TEKA GAMES STUDIO PUBLISHING AB, AND ITS AFFILIATES ("TEKA GAMES STUDIO") FOR SQUADRON™, WHICH INCLUDES THE SOFTWARE PRODUCT AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ONLINE" OR ELECTRONIC DOCUMENTATION. (COLLECTIVELY, THE "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU WILL NOT BE ABLE TO ACCESS AN ONLINE EXPERIENCE WITH THE SOFTWARE PRODUCT. IF YOU DO NOT ACCEPT THEM, PLEASE SELECT "REJECT". YOU ACKNOWLEDGE THAT BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT AND AGREE TO BE BOUND BY ITS TERMS.
2. OWNERSHIP
It is hereby understood and agreed that Teka games studio owns all right, title and interest in and to the Software Product, regardless of the medium or form of the original download, whether from the Internet, disc or otherwise. You do not acquire any ownership rights in the Software Product as a licensee ("Licensee") by downloading, installing, copying or using the Software Product by you.
3. GENERAL
The Software Product is licensed to you, not sold, by Teka games studio for the sole purpose of its use in accordance with the terms of this EULA. The Software Product is protected by international copyright laws and treaties, as well as other laws and treaties on intellectual property rights. The rights granted herein are limited to the intellectual property rights in the Software Product of Teka games studio and its licensors and do not include any other patents or intellectual property rights. The terms of this EULA, as well as the Terms of Use and Privacy Policy, will govern any software upgrades provided by Teka games studio that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will apply.
4. SOFTWARE PRODUCT
Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The software package of the Software Product (if applicable);
2. All content, components, annexes, software, media and codes with which this Agreement is provided and communicated through the Website;
3. All pictures, photographs, drawings, illustrations, cliparts, fonts and other artistic productions (the "Illustrations");
4. Related explanatory material and written instructions, as well as any other related documentation (the "Documentation"); and
5. Upgrades, Modified Versions, Updates, Additions and Copies of the Software Product (the "Upgrades"), as applicable, licensed by Teka games studio pursuant to this EULA.
5. LICENSING AND RESTRICTIONS
A. Teka games studio grants you a non-exclusive, non-transferable, end-user license right to access the Software Product via an on-demand online service and/or to install the Software Product on the local hard drive(s) or other permanent storage medium of a computer, and to use the Software Product on one account at a time. If necessary, Licensee may physically transfer the Program from one computer to another, provided that it is used on only one computer at a time.
B. Unless otherwise stated in the Documentation or with the express prior written consent of Teka games studio, you may not display, modify, reproduce or distribute any Illustration or any portion thereof, including with or in connection with the Software Product, if any. All authorized presentation, modification, reproduction and distribution shall be in full compliance with this EULA. The use, presentation, modification, reproduction and dissemination of the Illustrations shall in no way confer on you any intellectual property or proprietary rights in the Illustrations. All rights, title and interest are the exclusive property of Teka games studio.
C. You may not, without the express written permission of Teka games studio:
1. Copy or reproduce the Software Product;
2. Transfer the Software Product electronically via a local area network (LAN) or other network system or bulletin board system; or
3. Modify, adapt or create derivative works based on the Software Product or any accompanying documentation.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. Teka games studio may, from time to time and at its sole discretion, provide you with support services in connection with the Software Product (the "Support Services"). Teka games studio reserves the right to modify, suspend or terminate the Support Services at any time, for any reason.
B. Any additional software, code, content or media provided to you as part of the Support Services shall be deemed part of the Software Product and subject to the terms and conditions of this EULA.
C. Teka games studio retains all right, title and interest in and to the Software Product, and any rights not granted to you hereunder are reserved to Teka games studio. You hereby expressly agree not to extract information from, reverse engineer, disassemble, decompile or translate the Software Product, or otherwise attempt to exploit the source code of the Software, except to the extent permitted by applicable law. If such activities are permitted by applicable law, any information discovered by you or your authorized representatives shall be promptly disclosed to Teka games studio and shall be deemed to be confidential information of Teka games studio.
D. You shall not modify, sublicense, assign or transfer the Software Product or any rights under this EULA except as expressly provided in this EULA. Any attempt to sublicense, assign or transfer any rights, duties or obligations shall be void.
E. You may permanently transfer all of your rights under this EULA, provided that you do not retain any copies, that you transfer the entire Software Product (including all its components, printed media and materials, any upgrades, this EULA and all modifications and program elements contained or merged in other provisions). The other party must accept the terms of the EULA.
F. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TEKA GAMES STUDIO.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including, without limitation, posts, screenshots, user-generated artwork or other content that may be viewed by others ("User-Generated Content"). You acknowledge that neither Teka games studio nor any original supplier of the platform you access and/or use the Software Product on is responsible for User Generated Content provided by others. Teka games studio assumes no obligation to pre-screen User Generated Content, but Teka games studio has the right to refuse to publish, edit or distribute any User Generated Content submitted. Teka games studio reserves the right to remove User-Generated Content for any reason, but Teka games studio will not be liable for any failure or delay in removing such content. Teka games studio reserves the right to block any user's access to any content, web site or web page provided by Teka games studio, in its sole discretion.
B. You represent that you have the right to publish any User Generated Content that you publish on and/or in connection with the Software Product, and that such content, or its use by us as contemplated by this Agreement does not violate this Agreement, applicable law or the intellectual property rights of any third party. In consideration of your use of the Software Product, you hereby grant Teka games studio and/or the manufacturer of the platform from which you access and/or use the Software Product, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable, worldwide right and license to use your contributions, including, without limitation, the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit or otherwise communicate to the public, in any media now known or hereafter devised, for any purpose, without notice or compensation to you. You hereby waive and relinquish any and all claims based on "moral rights" (as that term is generally understood) or any and all rights of attribution and integrity in connection with the content submitted to us hereunder. This grant of license and the foregoing waiver of any applicable moral rights shall survive any termination here of license.
You acknowledge that Teka games studio and the other creators of User-Generated Content own the rights to their respective content under applicable copyright and other laws and that, except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to you. You assume full responsibility for the use of any User-Generated Content in violation of such rights.
C. You agree that you will not create, transfer, share, send, submit or upload any User-Generated Content:
a) Protected by copyright, patent, trademark or trade secret or otherwise subject to the exclusive rights of third parties, including, without limitation, rights of privacy and publicity (unless you are the rightful owner or are authorized by the rightful owner) ;
b) Contain fraudulent or false statements likely to harm Teka games studio or a third party;
c) Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, encourages conduct that violates any law or is otherwise inappropriate:
d) Constituting commercial advertising or solicitation;
e) Constituting identity theft; or
9. DURATION
A. This license is effective until terminated. Licensee may terminate this License at any time by destroying the Software Product and all copies thereof, whether complete or partial, and by removing all components thereof.
B. Your rights under this EULA will terminate automatically, without notice from Teka games studio, if you fail to comply with any term or condition of this EULA. In such event, Teka games studio shall not be required to send any notice in order to give effect to the termination.
C. In the event of termination of this EULA, you shall cease all use of the Software Product and destroy all copies, complete or partial, as well as all backup copies, modifications, printed or written materials and any merged parts in any form whatsoever, and remove all components of the Software Product.
10. INTELLECTUAL PROPERTY RIGHTS
A. Teka games studio retains all right, title and interest in and to the Software Product and any modifications or enhancements thereto, and any upgrades, updates or Documentation provided to End User. End User shall not obtain any rights to the Software Product, its updates, upgrades and Documentation by virtue of its responsibilities hereunder.
B. End User acknowledges Teka games studio's exclusive rights to the Software Product and that the Software Product is unique and an original creation of Teka games studio, owned by Teka games studio. Except as otherwise provided by law, End User may not, at any time during or after the effective term of the Agreement, directly or indirectly contest Teka games studio's exclusive right and title to the Software Product or the validity thereof.
C. The End User shall not attempt to develop a software product based on the presentation of the Software Product.
11. APPLICABLE LAW AND DISPUTES
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SWEDISH LAW, WITHOUT REGARD TO CONFLICT OF LAW RULES.
UNLESS OTHERWISE PROVIDED BY MANDATORY LAW, ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS BREACH, TERMINATION OR INVALIDITY SHALL BE FINALLY SETTLED BY THE COURTS OF SWITZERLAND, INCLUDING THE CANTONAL COURT OF GENEVA IN THE FIRST INSTANCE.
12. EXCLUSION OF WARRANTIES
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TEKA GAMES STUDIO AND ITS AFFILIATES (COLLECTIVELY REFERRED TO AS "TEKA GAMES STUDIO" FOR PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TEKA GAMES STUDIO DOES NOT WARRANT THAT THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE PRODUCT WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TEKA GAMES STUDIO OR AN AUTHORIZED REPRESENTATIVE OF TEKA GAMES STUDIO SHALL CREATE ANY WARRANTY. IF THE SOFTWARE PRODUCT PROVES DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CONSUMER STATUTORY RIGHTS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEKA GAMES STUDIO, ITS AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TEKA GAMES STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TEKA GAMES STUDIO'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS CLAUSE SHALL BE LIMITED TO THE HIGHEST AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.