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END USER LICENSE AGREEMENT (EULA)



IMPORTANT, PLEASE READ CAREFULLY



THIS IS A LICENSE AGREEMENT



This SOFTWARE PRODUCT (PixelDefender) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. PixelDefender is licensed, not sold.



1. GRANT OF LICENSE.

This document grants you the following rights:

- Installation and Use: You may install and use an unlimited number of copies of PixelDefender.

- Reproduction and Distribution: You may not reproduce or distribute PixelDefender.



2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

- Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble PixelDefender, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

- Rental: You may not rent or lease PixelDefender.

- Software Transfer: You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of PixelDefender (including all component parts, the media and printed materials, any upgrades, and this EULA), and the recipient agrees to the terms of this EULA.



3. COPYRIGHT.

All title and copyrights in and to PixelDefender (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into PixelDefender), and any copies of PixelDefender are owned by pbd or its suppliers.



4. NO WARRANTIES.

pbd expressly disclaims any warranty for PixelDefender. PixelDefender and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.



5. DISCLAIMERS AND LIMITATION OF LIABILITY.



In no event shall pbd or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if pbd has been advised of the possibility of such damages.

PixelDefender 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. [Licensor], 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, pbd, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in PixelDefender, (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 PixelDefender, or will not revoke approval of PixelDefender 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 pbd and Epic. pbd, 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 pbd, Epic, Epic’s licensors, nor its or their affiliates, nor any of pbd’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 pbd, Epic, Epic’s licensors, nor its or their affiliates, nor any of pbd’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 pbd’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 pbd, 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 pbd, Epic, Epic’s licensors, its and their affiliates, and any of pbd’s or Epic’s service providers shall be limited to the full extent permitted by law.

If you have any questions regarding this agreement, please contact pbd at pdgamesup@gmail.com.