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End-User License Agreement ("Agreement")
Last updated: 9/12/2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Wrath of the Goliaths: Dinosaurs
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
License
Ascendence Studios grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
b) Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application
c) Violate any applicable laws, rules, or regulations in connection with Your access or use of the Application
d) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the Application
e) Use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended
f) Install, use, or permit the Application to exist on more than one computer at a time or on any other mobile device or computer
g) Distribute the Application to multiple computers
h) Make the Application available over a network or other environment permitting access or use by multiple mobile devices, computers, or users at the same time
i) Use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product, or software offered by the Company
j) Use the Application to send automated queries to any website or send any unsolicited commercial e-mail
k) Use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application
Modifications to Application
Ascendence Studios reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or Ascendence Studios.
Ascendence Studios may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Ascendence Studios in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop computer or laptop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop computer or laptop.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GAURANTEES REGARDING THE APPLICATION AND THIRD PARTY CONCENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (1) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATINO WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS.
The Wrath of the Goliaths: Dinosaurs video game is provided on an “as is” basis. As such, Ascendence Studios disclaims all warranties about the Wrath of the Goliaths: Dinosaurs video game to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Ascendence Studios shall be solely responsible for such warranty.
Disclaimers and Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORSEEABLE, AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTEEN DOLLARS ($15,00), THE FORGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
“Wrath of the Goliaths: Dinosaurs” 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. Ascendence Studios, 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, Ascendence Studios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the “Wrath of the Goliaths: Dinosaurs”, (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 “Wrath of the Goliaths: Dinosaurs”, or will not revoke approval of this “Wrath of the Goliaths: Dinosaurs” 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 Ascendence Studios and Epic. Ascendence Studios, 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 Ascendence Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ascendence Studios 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 Disclaimers and Limitation of Liability, 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 Ascendence Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ascendence Studios 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 Disclaimers and Limitation of Liability or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Ascendence Studios 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 Ascendence Studios, 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 Ascendence Studios , Epic, Epic’s licensors, its and their affiliates, and any of Ascendence Studios or Epic’s service providers shall be limited to the full extent permitted by law.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Ascendence Studios reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us.
Last updated: 9/12/2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Wrath of the Goliaths: Dinosaurs
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
License
Ascendence Studios grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
b) Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application
c) Violate any applicable laws, rules, or regulations in connection with Your access or use of the Application
d) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the Application
e) Use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended
f) Install, use, or permit the Application to exist on more than one computer at a time or on any other mobile device or computer
g) Distribute the Application to multiple computers
h) Make the Application available over a network or other environment permitting access or use by multiple mobile devices, computers, or users at the same time
i) Use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product, or software offered by the Company
j) Use the Application to send automated queries to any website or send any unsolicited commercial e-mail
k) Use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application
Modifications to Application
Ascendence Studios reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or Ascendence Studios.
Ascendence Studios may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Ascendence Studios in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop computer or laptop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop computer or laptop.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GAURANTEES REGARDING THE APPLICATION AND THIRD PARTY CONCENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (1) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATINO WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS.
The Wrath of the Goliaths: Dinosaurs video game is provided on an “as is” basis. As such, Ascendence Studios disclaims all warranties about the Wrath of the Goliaths: Dinosaurs video game to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Ascendence Studios shall be solely responsible for such warranty.
Disclaimers and Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORSEEABLE, AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTEEN DOLLARS ($15,00), THE FORGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
“Wrath of the Goliaths: Dinosaurs” 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. Ascendence Studios, 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, Ascendence Studios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the “Wrath of the Goliaths: Dinosaurs”, (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 “Wrath of the Goliaths: Dinosaurs”, or will not revoke approval of this “Wrath of the Goliaths: Dinosaurs” 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 Ascendence Studios and Epic. Ascendence Studios, 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 Ascendence Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ascendence Studios 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 Disclaimers and Limitation of Liability, 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 Ascendence Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ascendence Studios 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 Disclaimers and Limitation of Liability or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Ascendence Studios 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 Ascendence Studios, 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 Ascendence Studios , Epic, Epic’s licensors, its and their affiliates, and any of Ascendence Studios or Epic’s service providers shall be limited to the full extent permitted by law.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Ascendence Studios reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us.