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Please read the following End User License Agreement (“Agreement”) before installing Farlight Explorers, (the “Game Software”). by installing, copying, and/or otherwise using the game software, you agree to be bound by the terms of this Agreement as set forth by Farlight Games Industry.
Farlight Explorers 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. Farlight Games Industry, 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, Farlight Games Industry, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Farlight Explorers, (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 Farlight Explorers, or will not revoke approval of this Farlight Explorers 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 Farlight Games Industry and Epic. Farlight Games Industry, 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 Farlight Games Industry, Epic, Epic’s licensors, nor its or their affiliates, nor any of Farlight Games Industry’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 Farlight Games Industry, Epic, Epic’s licensors, nor its or their affiliates, nor any of Farlight Games Industry’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 Farlight Games Industry’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 Farlight Games Industry, 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 Farlight Games Industry, Epic, Epic’s licensors, its and their affiliates, and any of Farlight Games Industry’s or Epic’s service providers shall be limited to the full extent permitted by law.
In no event shall Farlight Games Industry or its licensors be liable for special, incidental, or consequential damages resulting from possession, use or malfunction of the Game Software, including without limitation any losses or damages connected with or consisting of lost profits, damage to property, lost or corrupted data or files, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of the game software, or personal injuries, even if Farlight Games Industry has been advised of the possibility of such loss or damages. furthermore, in no event shall Farlight Games Industry or its licensors be liable for special, consequential or incidental damages resulting from the breach of any express or implied warranties or any other terms of this agreement. Farlight Games Industry' total liability in all cases shall not exceed the actual price paid for the game software. the foregoing applies even if any remedy fails of its essential purpose.
This Agreement, and the rights and obligations of you and Farlight Games Industry concerning the Game Software, shall be construed and enforced under Spanish law as such law is applied to agreements between Spanish residents entered into and to be performed within Spain, without regard to Spain’s conflicts of law principles. to the extent any claims are governed by federal law, such federal law also shall be applicable. you and Farlight Games Industry consent to the exclusive personal jurisdiction of the state and federal courts located in Murcia, Spain, in connection with any claim or dispute concerning this agreement or the game software, and you and Farlight Games Industry waive any objection based on the venue or inconvenience of such forum. if you are from outside the United States, the application of the United Nations convention on contracts for the international sale of goods is expressly excluded.
Farlight Games Industry reserves the right to amend this Agreement at any time, at its sole discretion. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
Farlight Explorers 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. Farlight Games Industry, 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, Farlight Games Industry, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Farlight Explorers, (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 Farlight Explorers, or will not revoke approval of this Farlight Explorers 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 Farlight Games Industry and Epic. Farlight Games Industry, 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 Farlight Games Industry, Epic, Epic’s licensors, nor its or their affiliates, nor any of Farlight Games Industry’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 Farlight Games Industry, Epic, Epic’s licensors, nor its or their affiliates, nor any of Farlight Games Industry’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 Farlight Games Industry’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 Farlight Games Industry, 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 Farlight Games Industry, Epic, Epic’s licensors, its and their affiliates, and any of Farlight Games Industry’s or Epic’s service providers shall be limited to the full extent permitted by law.
In no event shall Farlight Games Industry or its licensors be liable for special, incidental, or consequential damages resulting from possession, use or malfunction of the Game Software, including without limitation any losses or damages connected with or consisting of lost profits, damage to property, lost or corrupted data or files, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of the game software, or personal injuries, even if Farlight Games Industry has been advised of the possibility of such loss or damages. furthermore, in no event shall Farlight Games Industry or its licensors be liable for special, consequential or incidental damages resulting from the breach of any express or implied warranties or any other terms of this agreement. Farlight Games Industry' total liability in all cases shall not exceed the actual price paid for the game software. the foregoing applies even if any remedy fails of its essential purpose.
This Agreement, and the rights and obligations of you and Farlight Games Industry concerning the Game Software, shall be construed and enforced under Spanish law as such law is applied to agreements between Spanish residents entered into and to be performed within Spain, without regard to Spain’s conflicts of law principles. to the extent any claims are governed by federal law, such federal law also shall be applicable. you and Farlight Games Industry consent to the exclusive personal jurisdiction of the state and federal courts located in Murcia, Spain, in connection with any claim or dispute concerning this agreement or the game software, and you and Farlight Games Industry waive any objection based on the venue or inconvenience of such forum. if you are from outside the United States, the application of the United Nations convention on contracts for the international sale of goods is expressly excluded.
Farlight Games Industry reserves the right to amend this Agreement at any time, at its sole discretion. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.