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END USER LICENSE AGREEMENT AND LIMITED WARRANTY
Legacy of sin ill-boding
IMPORTANT - Please read this End User License Agreement (“EULA”) carefully before installing this software. By installing, copying and/or using the Software Product, you agree to be bound by the terms of this EULA; we are only prepared to grant a license to use the Software Product pursuant to this EULA. Before installing this software product, ensure that your computer meets the minimum technical specifications for the proper functioning of this software product.
(i) DOWNLOAD SOFTWARE PURCHASE
IF YOU AGREE TO THE TERMS OF THIS EULA CLICK “I ACCEPT” WITHOUT THIS FINAL EULA AND THEN THE SOFTWARE WILL BE INSTALLED ON YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, PLEASE CLICK “I DO NOT ACCEPT” AND THE SOFTWARE WILL NOT LOAD ON YOUR HARD DRIVE AND YOU WILL NOT BE GRANTED A LICENSE IN RESPECT OF THE SOFTWARE.
Technical support:
Since it is software, the product is delivered in its entirety as it is, not subject to the need for technical support.
IMPORTANT NOTICE ABOUT PRODUCT ACTIVATIONS
1. Agreement with legal effects
This EULA is an agreement with legal effects between you and "Absolute Power Game Studio", CNPJ 43.745.775/0001-07 located in Brazil, Minas Gerais, Contagem, Cabral neighborhood, address Alameda dos Pintassilgos 130 House 35 ("APGS" or “we”) which governs your use of the Software. For purposes of this Agreement, references to the Software include computer software owned by APGS or its third party/licensors and associated media, printed materials, manuals, any on-line documentation. line or in conjunction with another, to the extent not distributed with a separate license agreement, any updates or patches to the original game software that are provided to you or that you may download from any APGS website or other source authorized by APGS expressly for that purpose, including software necessary to access and/or use any online features and functionality that may be associated with computer game software (subject to the additional terms of use guidelines applicable for such online mode, if implemented in the future). The terms and conditions of this EULA are without prejudice to any terms and conditions governing the use of any proprietary third-party proprietary software including but not limited to any of the distributor's proprietary software. Software owned by third parties may be embedded in media containing this Software or downloaded into the software package containing the Software and may be required to use some of the functionality of this Software, the use of which may be subject to and conditioned upon your acceptance and compliance with agreements. additional third-party user license.
Copyright and other intellectual property laws and treaties protect this Software. The Software is licensed, not sold.
2. Granting of non-exclusive and limited license
Provided you comply with the provisions of this EULA, APGS grants you the non-exclusive limited right and license to:
(a) Install one (1) copy of the Software onto and use it on a single hard drive which is under your possession and control and which meets the specifications referred to in the manual for your own private and domestic use only.
(b) Transfer the Software from one hard drive to another provided it is used on only one (1) hard drive at any one time and from any hard drive on which it is used in your custody and control at the time of use ;
(c) Transfer the Software (complete with all components and documentation) and the benefits of this EULA to another person provided that person agrees to accept the terms of this EULA and contemporaneously transfer any authorized copies of the Software that you may have made to such person or destroy all copies of the Software not transferred. If the transferee does not accept these terms, this EULA will automatically terminate. Upon transfer, you undertake to delete this Software from your hard drive and the license granted under this EULA will automatically and immediately terminate.
All rights not expressly granted below are, to the fullest extent permitted by law, reserved to APGS and its licensors. Your use rights under this EULA are strictly conditioned on your compliance with the terms and conditions contained in this EULA at all times.
In some cases, your rights to use the Software may be subject to a limitation on the number of activations or registrations of the Software as stated at the time of sale or on the Software packaging. In this case, your ability to transfer the Software in the manner permitted in paragraph 2.1(b) and (c) above may not be possible once the maximum number of permitted activations of the Software has been reached.
3. Restrictions
You can not:
(a) To make any commercial use or exploitation of the Software in any way;
(b) Install or use the Software on a network server, multi-user agreement or arrangements for remote access for the purpose of distribution to 1 (one) or more computer(s) on such network or to effect such distribution or make a copy available of the Software in any form or through any means of communication where it could be used by multiple users;
(c) Without an additional, separate license from Absolute Power Game Studio to use the Software, or permit use of the Software, on more than one personal CPU, game console, handheld smartphone or PDA at the same time;
(d) Except as expressly permitted by this EULA and unless and not so expressly authorized by law, rent, lease, sublicense, lend, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, transmit, publicly perform, store in a retrieval system or trade in the Software or any part thereof in any way;
(e) Except where applicable law expressly authorizes, reverse engineer, obtain source code, modify, decompile, disassemble or create derivative works from all or any portion of the Software, in whole or in part. If applicable law expressly permits such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed to be assigned and shall belong to, confer and shall be the exclusive property of APGS and/or its licensors regarding the creation to the maximum extent permitted in law and you waive all or any moral rights in such creations;
(f) Remove, disable or circumvent any security protections or any technical measures that control access to the Software and/or are intended to prevent or inhibit infringement of any copyright or other intellectual property rights in the Software;
(g) Remove, modify, deface or circumvent any notices or labels contained on or within the Software;
(h) Export or re-export the Software or any copy or adaptation in violation of applicable laws or regulations; or
(i) Create executable data or programs that mimic data or functionality from the Software.
In addition, you agree that you will comply with any information security instructions, maintenance, or other pertinent notices contained in the manual accompanying the Software.
4. Features and functionalities
To date, without prejudice to future changes, both in the software and in this EULA, it does not have online functionality. The same is in its entirety of functionality and use in offline mode in its programming. We are not responsible for connection difficulties experienced through the distribution platform and similar distribution services.
5. Your consent for us to use certain data
To date, no data of any kind will be requested, so we do not recommend that they be given if requested by third parties. There is no prejudice for APGS to change this and other articles of this EULA, but if so, it will be changed with such change to communicate the product to the consumer.
In case of conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy shall prevail.
6. Advertising integrated into the game
To date, without prejudice to APGS changing this and other paragraphs, we do not have any form of advertising in our software. But nothing prevents the company from including such a feature in the future. In case of change, this EULA will be changed, thus informing the consumer of such change.
7. Termination
Without prejudice to any other rights, APGS may terminate this EULA immediately without notice if you breach the terms and conditions of this EULA. Upon termination, you must destroy all copies of the Software and all of its components, including any Software stored on the hard drive of any computer. You may also terminate the EULA at any time by destroying the Software and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies or damages and property rights of APGS, choice of venue and jurisdiction, indemnity and general provisions shall remain in effect.
8. Ownership
You retain ownership rights only in the media on which the Software is recorded. APGS and/or its licensors will retain ownership of the Software recorded on the media and all subsequent copies, regardless of form.
9. Limited Warranty and Exclusions
9.1THE LIMITED WARRANTY DOES NOT APPLY TO THE SOFTWARE ITSELF WHICH IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, APGS AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR QUALITY, NON-INFRINGEMENT, QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND EACH PART OF IT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APGS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR THAT APGS WILL REPAIR ANY ERRORS IN THE SOFTWARE. APGS ALSO DOES NOT WARRANT THAT THE SOFTWARE WILL WORK ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL ABOUT THE MINIMUM TECHNICAL REQUIREMENTS.
9.2 IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL APGS OR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS INFORMATION, LOSS OF BUSINESS THAT HAS BEEN CAUSED BY THE USE OF THE SOFTWARE EVEN IF APGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT OTHERWISE (A) ANY DAMAGE TO YOUR HARDWARE, DATA OR SOFTWARE OR (B) AS A RESULT OF FAILING TO FOLLOW THE PRECAUTIONS SET FORTH IN THE MANUAL) IS WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF APGS AND ITS LICENSORS UNDER OR IN CONNECTION WITH THIS EULA OR THE USE OR ATTEMPT TO USE THE SOFTWARE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE.
9.3 Notwithstanding the foregoing limitations of liability, NOTHING IN THIS LICENSE AGREEMENT SHALL LIMIT APGS' LIABILITY (i) for damage arising from injury to life, body or health due to negligent breach of its duties, or due to intentional breach or negligence of its duties by a legal representative or person designated to perform an obligation of APGS, or (ii) for other damages arising from a negligent and gross breach by APGS of its duties, or intentional or negligent breach of its duties by a representative legal person or person designated to perform an obligation of APGS; (iii) for intentional misconduct; (iv) for damages resulting from negligent breach of an obligation that is essential to the performance of the License Agreement by APGS to the extent typical and foreseeable; (v) any warranty given by APGS to you; and (vi) for any liability under applicable product liability law.
9.4 Since some States or jurisdictions do not allow the exclusion or limitation of liability, in such States or jurisdictions, APGS' liability will be limited to the maximum extent permitted by applicable law.
9.5 You understand that the Software may be updated and patched at any time and, as such, there will be no obligation to provide such updates or patches under this EULA.
10. Venue and Dispute Resolution
10.1 Subject to paragraph 10.2 below, this EULA and any claim or litigation of any nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed in accordance with the law of Brazil. Each party irrevocably and for all purposes, submits, with respect to the EULA (including any litigation or claim) to the exclusive jurisdiction of the Brazilian courts, except that nothing in this EULA shall limit the right of APGS to bring action against any party in any other court of competent jurisdiction, nor the filing of such action in one or more jurisdictions, the filing of other such actions in any other jurisdiction (simultaneously or otherwise) to the extent permitted by the law of such jurisdictions.
10.2 If you acquired this Software in the United States, and any claim or litigation of any nature whatsoever arising out of or relating to this EULA shall be governed by and construed in accordance with the law of the State of California, USA, and subject to the non-exclusive jurisdiction of the State and State courts. located in San Francisco, California, USA.
10.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.
11. Precautionary measure
Since APGS would suffer irreparable damage if the terms of this Agreement have not been specifically enforced, you agree that we have the right, without right to escrow or other warranty or proof of damage, to take such action as necessary, including but not limited to obtaining injunctive relief and other equitable remedies, in addition to any other remedies available by law.
12. Indemnity
You agree to indemnify, defend and hold APGS, its partners, affiliates, contractors, licensors, officers, directors, employees and agents harmless from all claims, damages, costs and expenses (including attorneys' fees) arising directly or indirectly from your acts of omissions in connection with the use of the Software or any breach of the terms of this EULA.
13. Miscellaneous provisions
13.1 If you acquired this Software in the United States, you will not export or re-export it, except as authorized and permitted by United States laws and regulations.
13.2 Without prejudice to paragraph 9.4, this EULA, together with any other agreement, policy or other document expressly referred to in this EULA, represents the entire agreement between APGS and you with respect to the license and use of the Software and supersedes all previous or contemporary covenants. Without prejudice to paragraphs 13.4 and 13.5, no changes or modifications to this EULA shall be binding unless made in writing and signed by a duly authorized representative of APGS.
13.3 You agree and acknowledge that all titles, ownership rights, intellectual property rights relating to the Software and any and all copies of the Software (including, without limitation, any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catchphrases, locations, concepts, artwork, graphics, animations, sounds, musical compositions, audiovisual effects, text, screen, operating methods, moral rights, applets built into the Software and any related documentation) are the property of Absolute Power Game Studio or its licensors.
13.4 APGS reserves the right to change this EULA at any time, at its sole discretion, which will be described in the EULA itself, which will possibly be resubmitted for customer acceptance, where applicable, through the service of the distributor where the software is used for this purpose. If such future changes to this EULA are unacceptable to you or cause you to be in breach of this EULA, you may terminate this EULA in accordance with the termination provisions above. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this EULA will be your acceptance of any and all such changes to the terms of this EULA.
13.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the law, that provision or part of the provision shall, to the extent necessary, be deemed excluded and the validity and applicability of the remaining provisions of this EULA will not be affected.
Legacy of sin ill-boding
IMPORTANT - Please read this End User License Agreement (“EULA”) carefully before installing this software. By installing, copying and/or using the Software Product, you agree to be bound by the terms of this EULA; we are only prepared to grant a license to use the Software Product pursuant to this EULA. Before installing this software product, ensure that your computer meets the minimum technical specifications for the proper functioning of this software product.
(i) DOWNLOAD SOFTWARE PURCHASE
IF YOU AGREE TO THE TERMS OF THIS EULA CLICK “I ACCEPT” WITHOUT THIS FINAL EULA AND THEN THE SOFTWARE WILL BE INSTALLED ON YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, PLEASE CLICK “I DO NOT ACCEPT” AND THE SOFTWARE WILL NOT LOAD ON YOUR HARD DRIVE AND YOU WILL NOT BE GRANTED A LICENSE IN RESPECT OF THE SOFTWARE.
Technical support:
Since it is software, the product is delivered in its entirety as it is, not subject to the need for technical support.
IMPORTANT NOTICE ABOUT PRODUCT ACTIVATIONS
1. Agreement with legal effects
This EULA is an agreement with legal effects between you and "Absolute Power Game Studio", CNPJ 43.745.775/0001-07 located in Brazil, Minas Gerais, Contagem, Cabral neighborhood, address Alameda dos Pintassilgos 130 House 35 ("APGS" or “we”) which governs your use of the Software. For purposes of this Agreement, references to the Software include computer software owned by APGS or its third party/licensors and associated media, printed materials, manuals, any on-line documentation. line or in conjunction with another, to the extent not distributed with a separate license agreement, any updates or patches to the original game software that are provided to you or that you may download from any APGS website or other source authorized by APGS expressly for that purpose, including software necessary to access and/or use any online features and functionality that may be associated with computer game software (subject to the additional terms of use guidelines applicable for such online mode, if implemented in the future). The terms and conditions of this EULA are without prejudice to any terms and conditions governing the use of any proprietary third-party proprietary software including but not limited to any of the distributor's proprietary software. Software owned by third parties may be embedded in media containing this Software or downloaded into the software package containing the Software and may be required to use some of the functionality of this Software, the use of which may be subject to and conditioned upon your acceptance and compliance with agreements. additional third-party user license.
Copyright and other intellectual property laws and treaties protect this Software. The Software is licensed, not sold.
2. Granting of non-exclusive and limited license
Provided you comply with the provisions of this EULA, APGS grants you the non-exclusive limited right and license to:
(a) Install one (1) copy of the Software onto and use it on a single hard drive which is under your possession and control and which meets the specifications referred to in the manual for your own private and domestic use only.
(b) Transfer the Software from one hard drive to another provided it is used on only one (1) hard drive at any one time and from any hard drive on which it is used in your custody and control at the time of use ;
(c) Transfer the Software (complete with all components and documentation) and the benefits of this EULA to another person provided that person agrees to accept the terms of this EULA and contemporaneously transfer any authorized copies of the Software that you may have made to such person or destroy all copies of the Software not transferred. If the transferee does not accept these terms, this EULA will automatically terminate. Upon transfer, you undertake to delete this Software from your hard drive and the license granted under this EULA will automatically and immediately terminate.
All rights not expressly granted below are, to the fullest extent permitted by law, reserved to APGS and its licensors. Your use rights under this EULA are strictly conditioned on your compliance with the terms and conditions contained in this EULA at all times.
In some cases, your rights to use the Software may be subject to a limitation on the number of activations or registrations of the Software as stated at the time of sale or on the Software packaging. In this case, your ability to transfer the Software in the manner permitted in paragraph 2.1(b) and (c) above may not be possible once the maximum number of permitted activations of the Software has been reached.
3. Restrictions
You can not:
(a) To make any commercial use or exploitation of the Software in any way;
(b) Install or use the Software on a network server, multi-user agreement or arrangements for remote access for the purpose of distribution to 1 (one) or more computer(s) on such network or to effect such distribution or make a copy available of the Software in any form or through any means of communication where it could be used by multiple users;
(c) Without an additional, separate license from Absolute Power Game Studio to use the Software, or permit use of the Software, on more than one personal CPU, game console, handheld smartphone or PDA at the same time;
(d) Except as expressly permitted by this EULA and unless and not so expressly authorized by law, rent, lease, sublicense, lend, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, transmit, publicly perform, store in a retrieval system or trade in the Software or any part thereof in any way;
(e) Except where applicable law expressly authorizes, reverse engineer, obtain source code, modify, decompile, disassemble or create derivative works from all or any portion of the Software, in whole or in part. If applicable law expressly permits such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed to be assigned and shall belong to, confer and shall be the exclusive property of APGS and/or its licensors regarding the creation to the maximum extent permitted in law and you waive all or any moral rights in such creations;
(f) Remove, disable or circumvent any security protections or any technical measures that control access to the Software and/or are intended to prevent or inhibit infringement of any copyright or other intellectual property rights in the Software;
(g) Remove, modify, deface or circumvent any notices or labels contained on or within the Software;
(h) Export or re-export the Software or any copy or adaptation in violation of applicable laws or regulations; or
(i) Create executable data or programs that mimic data or functionality from the Software.
In addition, you agree that you will comply with any information security instructions, maintenance, or other pertinent notices contained in the manual accompanying the Software.
4. Features and functionalities
To date, without prejudice to future changes, both in the software and in this EULA, it does not have online functionality. The same is in its entirety of functionality and use in offline mode in its programming. We are not responsible for connection difficulties experienced through the distribution platform and similar distribution services.
5. Your consent for us to use certain data
To date, no data of any kind will be requested, so we do not recommend that they be given if requested by third parties. There is no prejudice for APGS to change this and other articles of this EULA, but if so, it will be changed with such change to communicate the product to the consumer.
In case of conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy shall prevail.
6. Advertising integrated into the game
To date, without prejudice to APGS changing this and other paragraphs, we do not have any form of advertising in our software. But nothing prevents the company from including such a feature in the future. In case of change, this EULA will be changed, thus informing the consumer of such change.
7. Termination
Without prejudice to any other rights, APGS may terminate this EULA immediately without notice if you breach the terms and conditions of this EULA. Upon termination, you must destroy all copies of the Software and all of its components, including any Software stored on the hard drive of any computer. You may also terminate the EULA at any time by destroying the Software and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies or damages and property rights of APGS, choice of venue and jurisdiction, indemnity and general provisions shall remain in effect.
8. Ownership
You retain ownership rights only in the media on which the Software is recorded. APGS and/or its licensors will retain ownership of the Software recorded on the media and all subsequent copies, regardless of form.
9. Limited Warranty and Exclusions
9.1THE LIMITED WARRANTY DOES NOT APPLY TO THE SOFTWARE ITSELF WHICH IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, APGS AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR QUALITY, NON-INFRINGEMENT, QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND EACH PART OF IT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APGS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR THAT APGS WILL REPAIR ANY ERRORS IN THE SOFTWARE. APGS ALSO DOES NOT WARRANT THAT THE SOFTWARE WILL WORK ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL ABOUT THE MINIMUM TECHNICAL REQUIREMENTS.
9.2 IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL APGS OR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS INFORMATION, LOSS OF BUSINESS THAT HAS BEEN CAUSED BY THE USE OF THE SOFTWARE EVEN IF APGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT OTHERWISE (A) ANY DAMAGE TO YOUR HARDWARE, DATA OR SOFTWARE OR (B) AS A RESULT OF FAILING TO FOLLOW THE PRECAUTIONS SET FORTH IN THE MANUAL) IS WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF APGS AND ITS LICENSORS UNDER OR IN CONNECTION WITH THIS EULA OR THE USE OR ATTEMPT TO USE THE SOFTWARE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE.
9.3 Notwithstanding the foregoing limitations of liability, NOTHING IN THIS LICENSE AGREEMENT SHALL LIMIT APGS' LIABILITY (i) for damage arising from injury to life, body or health due to negligent breach of its duties, or due to intentional breach or negligence of its duties by a legal representative or person designated to perform an obligation of APGS, or (ii) for other damages arising from a negligent and gross breach by APGS of its duties, or intentional or negligent breach of its duties by a representative legal person or person designated to perform an obligation of APGS; (iii) for intentional misconduct; (iv) for damages resulting from negligent breach of an obligation that is essential to the performance of the License Agreement by APGS to the extent typical and foreseeable; (v) any warranty given by APGS to you; and (vi) for any liability under applicable product liability law.
9.4 Since some States or jurisdictions do not allow the exclusion or limitation of liability, in such States or jurisdictions, APGS' liability will be limited to the maximum extent permitted by applicable law.
9.5 You understand that the Software may be updated and patched at any time and, as such, there will be no obligation to provide such updates or patches under this EULA.
10. Venue and Dispute Resolution
10.1 Subject to paragraph 10.2 below, this EULA and any claim or litigation of any nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed in accordance with the law of Brazil. Each party irrevocably and for all purposes, submits, with respect to the EULA (including any litigation or claim) to the exclusive jurisdiction of the Brazilian courts, except that nothing in this EULA shall limit the right of APGS to bring action against any party in any other court of competent jurisdiction, nor the filing of such action in one or more jurisdictions, the filing of other such actions in any other jurisdiction (simultaneously or otherwise) to the extent permitted by the law of such jurisdictions.
10.2 If you acquired this Software in the United States, and any claim or litigation of any nature whatsoever arising out of or relating to this EULA shall be governed by and construed in accordance with the law of the State of California, USA, and subject to the non-exclusive jurisdiction of the State and State courts. located in San Francisco, California, USA.
10.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.
11. Precautionary measure
Since APGS would suffer irreparable damage if the terms of this Agreement have not been specifically enforced, you agree that we have the right, without right to escrow or other warranty or proof of damage, to take such action as necessary, including but not limited to obtaining injunctive relief and other equitable remedies, in addition to any other remedies available by law.
12. Indemnity
You agree to indemnify, defend and hold APGS, its partners, affiliates, contractors, licensors, officers, directors, employees and agents harmless from all claims, damages, costs and expenses (including attorneys' fees) arising directly or indirectly from your acts of omissions in connection with the use of the Software or any breach of the terms of this EULA.
13. Miscellaneous provisions
13.1 If you acquired this Software in the United States, you will not export or re-export it, except as authorized and permitted by United States laws and regulations.
13.2 Without prejudice to paragraph 9.4, this EULA, together with any other agreement, policy or other document expressly referred to in this EULA, represents the entire agreement between APGS and you with respect to the license and use of the Software and supersedes all previous or contemporary covenants. Without prejudice to paragraphs 13.4 and 13.5, no changes or modifications to this EULA shall be binding unless made in writing and signed by a duly authorized representative of APGS.
13.3 You agree and acknowledge that all titles, ownership rights, intellectual property rights relating to the Software and any and all copies of the Software (including, without limitation, any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catchphrases, locations, concepts, artwork, graphics, animations, sounds, musical compositions, audiovisual effects, text, screen, operating methods, moral rights, applets built into the Software and any related documentation) are the property of Absolute Power Game Studio or its licensors.
13.4 APGS reserves the right to change this EULA at any time, at its sole discretion, which will be described in the EULA itself, which will possibly be resubmitted for customer acceptance, where applicable, through the service of the distributor where the software is used for this purpose. If such future changes to this EULA are unacceptable to you or cause you to be in breach of this EULA, you may terminate this EULA in accordance with the termination provisions above. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this EULA will be your acceptance of any and all such changes to the terms of this EULA.
13.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the law, that provision or part of the provision shall, to the extent necessary, be deemed excluded and the validity and applicability of the remaining provisions of this EULA will not be affected.