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Ominous 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. Jumpy Unit, 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, Jumpy Unit, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly including as integrated in the Ominous, (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 Ominous or will not revoke approval of this Ominous 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 Jumpy Unit and Epic. Jumpy Unit, 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 Jumpy Unit, Epic, Epic’s licensors, nor its or their affiliates nor any of Jumpy Unit’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 Jumpy Unit, Epic, Epic’s licensors, nor its or their affiliates nor any of Jumpy Unit’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 Jumpy Unit’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 Jumpy Unit, 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 Jumpy Unit, Epic, Epic’s licensors, its and their affiliates, and any of Jumpy Unit’s or Epic’s service providers shall be limited to the full extent permitted by law.
Crash Reports and Data Collection
To assist in diagnosing and resolving issues, Ominous collects crash reports that may include details about your PC hardware components, system information, and other relevant data. This information is used solely to improve the stability and performance of the game and to address issues that may cause crashes. By using Ominous, you consent to this data collection and agree that it may be shared with Jumpy Unit, Epic, and their affiliates solely for these purposes.
To the maximum extent permitted by applicable law, neither Jumpy Unit, Epic, Epic’s licensors, nor its or their affiliates nor any of Jumpy Unit’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 Jumpy Unit, Epic, Epic’s licensors, nor its or their affiliates nor any of Jumpy Unit’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 Jumpy Unit’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 Jumpy Unit, 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 Jumpy Unit, Epic, Epic’s licensors, its and their affiliates, and any of Jumpy Unit’s or Epic’s service providers shall be limited to the full extent permitted by law.
Crash Reports and Data Collection
To assist in diagnosing and resolving issues, Ominous collects crash reports that may include details about your PC hardware components, system information, and other relevant data. This information is used solely to improve the stability and performance of the game and to address issues that may cause crashes. By using Ominous, you consent to this data collection and agree that it may be shared with Jumpy Unit, Epic, and their affiliates solely for these purposes.