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The Athletic Cookie
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN The Athletic Cookie ("The Athletic Cookie") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE ORC SURVIVORS SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY THE ATHLETIC COOKIE PART OF, OR IN CONNECTION, (INCLUDING DOWNLOADABLE CONTENT) THEREWITH (COLLECTIVELY, "Orc Survivors").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ORC SURVIVORS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ORC SURVIVORS.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. The Athletic Cookie hereby grants to you a non-exclusive license to use a single copy of the object code version of the Orc Survivors for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer Orc Survivors or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute Orc Survivors, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use Orc Survivors to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Orc Survivors.
1.3 Additional Restrictions for Trial Versions. If the Orc Survivors was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Orc Survivors beyond the expiration or termination of the trial period. You acknowledge and agree that the Orc Survivors may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Orc Survivors to prevent you from installing another copy of the Orc Survivors and repeating the trial.
1.4 Additional Restrictions For Users. You agree to in no manner or methodology create cheats or hacker assets for Orc Survivors. You agree to not use or promote any hate speech (including racial slurs, sexist language or homophobic slurs) while playing Orc Survivors. You agree to not engage in any cyberbullying efforts or to encourage cyberbullying. You agree that you will not encourage, direct, or teach any other users means of violating this EULA.
2. TERMINATION. This EULA is effective until terminated. The Athletic Cookie may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Orc Survivors and destroy all copies of Orc Survivors.
3. BULLET BASH OWNERSHIP. The Orc Survivors is the copyrighted proprietary material of The Athletic Cookie, and/or its third-party licensors and is subject to copyright protection under United States of America copyright law and international copyright treaties, as well as other intellectual property laws and treaties. The Athletic Cookie and/or its third-party licensors retain all right, title, and interest in the Orc Survivors (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL THE ATHLETIC COOKIE'S PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE BULLET BASH EXCEED THE AMOUNT PAID BY YOU FOR BULLET BASH. IN NO EVENT WILL THE ATHLETIC COOKIE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE ATHLETIC COOKIE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and The Athletic Cookie. You understand and agree that The Athletic Cookie would not be able to economically or reasonably provide Orc Survivors to you without these limitations.
6. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the The Athletic Cookie Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of Orc Survivors.
7. MISCELLANEOUS. You agree to comply with all United States and foreign laws related to your use of the Orc Survivors. This is the entire agreement between you and The Athletic Cookie relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except by The Athletic Cookie or legal representations of The Athletic Cookie. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
8. Orc Survivors 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. The Athletic Cookie, 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, The Athletic Cookie, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Orc Survivors, (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 Orc Survivors, or will not revoke approval of this Orc Survivors 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 The Athletic Cookie and Epic. The Athletic Cookie, 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 The Athletic Cookie, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Athletic Cookie'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 The Athletic Cookie, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Athletic Cookie'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 The Athletic Cookie'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 The Athletic Cookie, 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 The Athletic Cookie, Epic, Epic’s licensors, its and their affiliates, and any of The Athletic Cookie's or Epic’s service providers shall be limited to the full extent permitted by law.
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN The Athletic Cookie ("The Athletic Cookie") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE ORC SURVIVORS SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY THE ATHLETIC COOKIE PART OF, OR IN CONNECTION, (INCLUDING DOWNLOADABLE CONTENT) THEREWITH (COLLECTIVELY, "Orc Survivors").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ORC SURVIVORS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ORC SURVIVORS.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. The Athletic Cookie hereby grants to you a non-exclusive license to use a single copy of the object code version of the Orc Survivors for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer Orc Survivors or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute Orc Survivors, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use Orc Survivors to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Orc Survivors.
1.3 Additional Restrictions for Trial Versions. If the Orc Survivors was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Orc Survivors beyond the expiration or termination of the trial period. You acknowledge and agree that the Orc Survivors may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Orc Survivors to prevent you from installing another copy of the Orc Survivors and repeating the trial.
1.4 Additional Restrictions For Users. You agree to in no manner or methodology create cheats or hacker assets for Orc Survivors. You agree to not use or promote any hate speech (including racial slurs, sexist language or homophobic slurs) while playing Orc Survivors. You agree to not engage in any cyberbullying efforts or to encourage cyberbullying. You agree that you will not encourage, direct, or teach any other users means of violating this EULA.
2. TERMINATION. This EULA is effective until terminated. The Athletic Cookie may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Orc Survivors and destroy all copies of Orc Survivors.
3. BULLET BASH OWNERSHIP. The Orc Survivors is the copyrighted proprietary material of The Athletic Cookie, and/or its third-party licensors and is subject to copyright protection under United States of America copyright law and international copyright treaties, as well as other intellectual property laws and treaties. The Athletic Cookie and/or its third-party licensors retain all right, title, and interest in the Orc Survivors (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL THE ATHLETIC COOKIE'S PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE BULLET BASH EXCEED THE AMOUNT PAID BY YOU FOR BULLET BASH. IN NO EVENT WILL THE ATHLETIC COOKIE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE ATHLETIC COOKIE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and The Athletic Cookie. You understand and agree that The Athletic Cookie would not be able to economically or reasonably provide Orc Survivors to you without these limitations.
6. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the The Athletic Cookie Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of Orc Survivors.
7. MISCELLANEOUS. You agree to comply with all United States and foreign laws related to your use of the Orc Survivors. This is the entire agreement between you and The Athletic Cookie relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except by The Athletic Cookie or legal representations of The Athletic Cookie. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
8. Orc Survivors 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. The Athletic Cookie, 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, The Athletic Cookie, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Orc Survivors, (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 Orc Survivors, or will not revoke approval of this Orc Survivors 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 The Athletic Cookie and Epic. The Athletic Cookie, 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 The Athletic Cookie, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Athletic Cookie'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 The Athletic Cookie, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Athletic Cookie'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 The Athletic Cookie'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 The Athletic Cookie, 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 The Athletic Cookie, Epic, Epic’s licensors, its and their affiliates, and any of The Athletic Cookie's or Epic’s service providers shall be limited to the full extent permitted by law.