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END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement or EULA”) is a legal agreement between Studio Sasta, hereinafter referred to as the “Licensor” or “Developer/Vendor,” and [End User], hereinafter referred to as the “Licensee” or “End User.”
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
WHEREAS, Licensor, or Developer/Vendor, is the entity responsible for creating, developing, and distributing the software product(s) covered by this agreement;
WHEREAS Licensee, or End User, desires to utilise the software provided by the licensor.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Licensor and Licensee agree as follows:
Definitions
For the purposes of this agreement, the following terms shall be defined as follows:
“End User” refers to the individual or entity who has obtained the license to use the software for personal or business purposes.
“License” refers to the non-exclusive, non-sublicensable, non-transferable right granted by the licensor to the licensee to use the software in accordance with the terms and conditions of this agreement.
“Licensee” refers to the End User who has been granted the license by the licensor to use the software in accordance with the terms of this agreement.
“Licensor” refers to Studio Sasta, the party providing the software and holding the intellectual property rights to the software.
“Software” refers to the computer program(s) and any accompanying documentation provided by the licensor, including any updates, modifications, and/or enhancements thereto.
License Grant
During the term of this agreement, the licensor grants the licensee a non-exclusive, non-sublicensable, non-transferable license to install and use one copy of the software in object code form on a single personal computing device or network server. This license is granted solely for the purpose of accessing, streaming, downloading, and using the services provided by the licensor. Any updates, supplements, or replacements to the software will also be subject to the terms of this agreement unless separate license terms accompany them.
Intellectual Property Rights
The licensee shall have no rights to the software. The licensor retains all intellectual property rights to the software, including copyrights, trademarks, and other rights. The licensee is prohibited from publishing the software or any accompanying documentation without the explicit written consent of the company. Reverse engineering, decompiling, or disassembling the software is not allowed except when permitted by mandatory statutory provisions. In such cases, the licensee must notify the licensor in writing in advance. In the event of an infringement on the licensor’s intellectual property rights, the licensor has the right to immediately terminate this agreement. Besides, The licensee is committed to protecting the intellectual property rights of others. If the licensee believes that someone is using the software to engage in copyright infringement in social media platforms or any other form of intellectual property theft, the licensor should be notified immediately.
The software and any associated documentation are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Restrictions on Use
As the licensee, you are subject to the following restrictions:
(a) You may not utilise the provided content on more than one computer simultaneously unless you have acquired additional licenses beforehand.
(b) Sharing, distributing, lending, leasing, sublicensing, or making the provided content available to any third party in any manner is strictly prohibited.
(c) Modifying, adapting, creating derivative works from, or translating any part of the provided content beyond what is permitted for use within your work under this license is prohibited.
(d) Reverse engineering, decompiling, or disassembling the provided content, or attempting to access its source code, is strictly prohibited.
(e) Any attempt to alter or remove trademarks, copyrights, or other proprietary notices contained within the provided content is prohibited.
(f) Using the offered content in any manner not specified within this End User License Agreement (EULA) or the accompanying documentation is not allowed.
Please ensure compliance with these restrictions to maintain the integrity and legality of using the provided content.
Updates and Upgrades
From time to time, the licensor may release updates or upgrades to the software. Such updates or upgrades may be provided to the licensee at the licensor’s discretion.
The licensor will make diligent efforts to ensure the continuous development of the software, including the timely correction of errors and inefficiencies. The licensor may, at their discretion, make necessary changes to the software to enhance compatibility with new versions of third-party standard software.
Term and Termination
This agreement is effective upon the licensee’s acceptance and shall continue until termination.
The licensee has the right to terminate this agreement at any time in the future by discontinuing the software and promptly deleting and destroying all copies, including any accompanying documentation. The licensee acknowledges that no refund of the license fee shall be provided upon termination initiated by the licensee.
In the event of the licensee’s failure to comply with any of the terms or conditions stated in this agreement, the licensor reserves the right to terminate the licensee’s right to use the software, including any associated documentation, for cause. The licensor will provide written notice of 30 days prior to such termination. Upon termination, the licensee is obligated to delete and destroy all copies of the software, including any accompanying documentation. The licensee acknowledges that no refund of the license fee shall be provided in the event of termination due to non-compliance.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Australia. It prevails over any previous or concurrent oral or written proposals and communications related to the subject matter described herein.
In the event of any dispute arising from this agreement, the Parties will make every reasonable effort to resolve it amicably. If the dispute cannot be resolved amicably, it shall be subject to the exclusive jurisdiction of the courts of Australia.
Disclaimers and Limitation of Liability
'For The Wheat' 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, [Licensor], Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in ‘For The Wheat’, (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 'For The Wheat', or will not revoke approval of 'For The Wheat' 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 [Licensor] and Epic. [Licensor], 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 [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’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 EULA, 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 [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of [Licensor’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 [Licensor], 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 [Licensor], Epic, Epic’s licensors, its and their affiliates, and any of [Licensor’s] or Epic’s service providers shall be limited to the full extent permitted by law.
This End User License Agreement (“Agreement or EULA”) is a legal agreement between Studio Sasta, hereinafter referred to as the “Licensor” or “Developer/Vendor,” and [End User], hereinafter referred to as the “Licensee” or “End User.”
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
WHEREAS, Licensor, or Developer/Vendor, is the entity responsible for creating, developing, and distributing the software product(s) covered by this agreement;
WHEREAS Licensee, or End User, desires to utilise the software provided by the licensor.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Licensor and Licensee agree as follows:
Definitions
For the purposes of this agreement, the following terms shall be defined as follows:
“End User” refers to the individual or entity who has obtained the license to use the software for personal or business purposes.
“License” refers to the non-exclusive, non-sublicensable, non-transferable right granted by the licensor to the licensee to use the software in accordance with the terms and conditions of this agreement.
“Licensee” refers to the End User who has been granted the license by the licensor to use the software in accordance with the terms of this agreement.
“Licensor” refers to Studio Sasta, the party providing the software and holding the intellectual property rights to the software.
“Software” refers to the computer program(s) and any accompanying documentation provided by the licensor, including any updates, modifications, and/or enhancements thereto.
License Grant
During the term of this agreement, the licensor grants the licensee a non-exclusive, non-sublicensable, non-transferable license to install and use one copy of the software in object code form on a single personal computing device or network server. This license is granted solely for the purpose of accessing, streaming, downloading, and using the services provided by the licensor. Any updates, supplements, or replacements to the software will also be subject to the terms of this agreement unless separate license terms accompany them.
Intellectual Property Rights
The licensee shall have no rights to the software. The licensor retains all intellectual property rights to the software, including copyrights, trademarks, and other rights. The licensee is prohibited from publishing the software or any accompanying documentation without the explicit written consent of the company. Reverse engineering, decompiling, or disassembling the software is not allowed except when permitted by mandatory statutory provisions. In such cases, the licensee must notify the licensor in writing in advance. In the event of an infringement on the licensor’s intellectual property rights, the licensor has the right to immediately terminate this agreement. Besides, The licensee is committed to protecting the intellectual property rights of others. If the licensee believes that someone is using the software to engage in copyright infringement in social media platforms or any other form of intellectual property theft, the licensor should be notified immediately.
The software and any associated documentation are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Restrictions on Use
As the licensee, you are subject to the following restrictions:
(a) You may not utilise the provided content on more than one computer simultaneously unless you have acquired additional licenses beforehand.
(b) Sharing, distributing, lending, leasing, sublicensing, or making the provided content available to any third party in any manner is strictly prohibited.
(c) Modifying, adapting, creating derivative works from, or translating any part of the provided content beyond what is permitted for use within your work under this license is prohibited.
(d) Reverse engineering, decompiling, or disassembling the provided content, or attempting to access its source code, is strictly prohibited.
(e) Any attempt to alter or remove trademarks, copyrights, or other proprietary notices contained within the provided content is prohibited.
(f) Using the offered content in any manner not specified within this End User License Agreement (EULA) or the accompanying documentation is not allowed.
Please ensure compliance with these restrictions to maintain the integrity and legality of using the provided content.
Updates and Upgrades
From time to time, the licensor may release updates or upgrades to the software. Such updates or upgrades may be provided to the licensee at the licensor’s discretion.
The licensor will make diligent efforts to ensure the continuous development of the software, including the timely correction of errors and inefficiencies. The licensor may, at their discretion, make necessary changes to the software to enhance compatibility with new versions of third-party standard software.
Term and Termination
This agreement is effective upon the licensee’s acceptance and shall continue until termination.
The licensee has the right to terminate this agreement at any time in the future by discontinuing the software and promptly deleting and destroying all copies, including any accompanying documentation. The licensee acknowledges that no refund of the license fee shall be provided upon termination initiated by the licensee.
In the event of the licensee’s failure to comply with any of the terms or conditions stated in this agreement, the licensor reserves the right to terminate the licensee’s right to use the software, including any associated documentation, for cause. The licensor will provide written notice of 30 days prior to such termination. Upon termination, the licensee is obligated to delete and destroy all copies of the software, including any accompanying documentation. The licensee acknowledges that no refund of the license fee shall be provided in the event of termination due to non-compliance.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Australia. It prevails over any previous or concurrent oral or written proposals and communications related to the subject matter described herein.
In the event of any dispute arising from this agreement, the Parties will make every reasonable effort to resolve it amicably. If the dispute cannot be resolved amicably, it shall be subject to the exclusive jurisdiction of the courts of Australia.
Disclaimers and Limitation of Liability
'For The Wheat' 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, [Licensor], Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in ‘For The Wheat’, (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 'For The Wheat', or will not revoke approval of 'For The Wheat' 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 [Licensor] and Epic. [Licensor], 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 [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’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 EULA, 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 [Licensor], Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of [Licensor’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 [Licensor], 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 [Licensor], Epic, Epic’s licensors, its and their affiliates, and any of [Licensor’s] or Epic’s service providers shall be limited to the full extent permitted by law.