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Beasts of Bermuda EULA
________________________________________
End-User License Agreement ("Agreement")
Last updated: August 27, 2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Beasts of Bermuda.
By clicking the "I Agree" button, downloading or using Beasts of Bermuda, 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
Sastrei 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.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
Beasts of Bermuda, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the 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 Beasts of Bermuda or make Beasts of Bermuda available to any third party.
b) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt this Application.
c) Violate any applicable laws, rules, or regulations in connection with Your access or use of Beasts of Bermuda.
d) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Sastrei Studios or its affiliates, partners, suppliers, or licensors of Beasts of Bermuda.
e) Use Beasts of Bermuda for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
f) Make Beasts of Bermuda available over a network or other environment permitting access or use by multiple Users at the same time.
g) Use Beasts of Bermuda for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products, or software offered by Sastrei Studios.
h) Use Beasts of Bermuda to send automated queries to any website or to send any unsolicited commercial e-mail.
i) Use any proprietary information or interfaces of Sastrei Studios or other intellectual property of Sastrei Studios in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with Beasts of Bermuda.
j) Disclose to other persons the data or techniques relating to Sastrei Studios that you know or should know that it is a trade secret of Sastrei Studios in any manner that will cause damage to Sastrei Studios.
Modifications to Application
Sastrei Studios reserves the right to modify, suspend or discontinue, temporarily or permanently, Beasts of Bermuda or any service to which it connects, with or without notice and without liability to you, at their sole discretion.
Term and Termination
This Agreement shall remain in effect until terminated by you or Sastrei Studios.
Sastrei 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 Sastrei Studios, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting Beasts of Bermuda and all copies thereof from your desktop.
Upon termination of this Agreement, you shall cease all use of Beasts of Bermuda and delete all copies of Beasts of Bermuda from your desktop.
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 APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS.
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
Sastrei 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.
Disclaimers and Limitation of Liability
Any liability of Sastrei Studios will be limited exclusively to refund of purchase price. In addition, in no event shall Sastrei Studios, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of Beasts of Bermuda.
In addition, in no event does Sastrei Studios authorize you to use Beasts of Bermuda in applications or systems where Beasts of Bermuda's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Sastrei Studios harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of North Carolina.
Sastrei Studios, the owner of the copyright of this Beasts of Bermuda, all of its derivatives, title and accompanying materials are the exclusive property of Sastrei Studios. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Sastrei Studios.
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 TWENTY DOLLARS ($20,00), THE FORGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Beasts of Bermuda 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. 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 the [Product], (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 Beasts of Bermuda, or will not revoke approval of Beasts of Bermuda 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 Epic. 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 Epic, Epic’s licensors, nor its or their affiliates, nor any of 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 Epic, Epic’s licensors, nor its or their affiliates, nor any of 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 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 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 Epic, Epic’s licensors, its and their affiliates, and any of Epic’s service providers shall be limited to the full extent permitted by law.
Contact Information
If you have any questions about this Agreement, please contact us at sastreistudios@gmail.com
________________________________________
End-User License Agreement ("Agreement")
Last updated: August 27, 2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Beasts of Bermuda.
By clicking the "I Agree" button, downloading or using Beasts of Bermuda, 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
Sastrei 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.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
Beasts of Bermuda, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the 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 Beasts of Bermuda or make Beasts of Bermuda available to any third party.
b) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt this Application.
c) Violate any applicable laws, rules, or regulations in connection with Your access or use of Beasts of Bermuda.
d) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Sastrei Studios or its affiliates, partners, suppliers, or licensors of Beasts of Bermuda.
e) Use Beasts of Bermuda for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
f) Make Beasts of Bermuda available over a network or other environment permitting access or use by multiple Users at the same time.
g) Use Beasts of Bermuda for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products, or software offered by Sastrei Studios.
h) Use Beasts of Bermuda to send automated queries to any website or to send any unsolicited commercial e-mail.
i) Use any proprietary information or interfaces of Sastrei Studios or other intellectual property of Sastrei Studios in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with Beasts of Bermuda.
j) Disclose to other persons the data or techniques relating to Sastrei Studios that you know or should know that it is a trade secret of Sastrei Studios in any manner that will cause damage to Sastrei Studios.
Modifications to Application
Sastrei Studios reserves the right to modify, suspend or discontinue, temporarily or permanently, Beasts of Bermuda or any service to which it connects, with or without notice and without liability to you, at their sole discretion.
Term and Termination
This Agreement shall remain in effect until terminated by you or Sastrei Studios.
Sastrei 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 Sastrei Studios, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting Beasts of Bermuda and all copies thereof from your desktop.
Upon termination of this Agreement, you shall cease all use of Beasts of Bermuda and delete all copies of Beasts of Bermuda from your desktop.
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 APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS.
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
Sastrei 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.
Disclaimers and Limitation of Liability
Any liability of Sastrei Studios will be limited exclusively to refund of purchase price. In addition, in no event shall Sastrei Studios, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of Beasts of Bermuda.
In addition, in no event does Sastrei Studios authorize you to use Beasts of Bermuda in applications or systems where Beasts of Bermuda's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Sastrei Studios harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of North Carolina.
Sastrei Studios, the owner of the copyright of this Beasts of Bermuda, all of its derivatives, title and accompanying materials are the exclusive property of Sastrei Studios. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Sastrei Studios.
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 TWENTY DOLLARS ($20,00), THE FORGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Beasts of Bermuda 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. 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 the [Product], (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 Beasts of Bermuda, or will not revoke approval of Beasts of Bermuda 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 Epic. 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 Epic, Epic’s licensors, nor its or their affiliates, nor any of 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 Epic, Epic’s licensors, nor its or their affiliates, nor any of 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 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 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 Epic, Epic’s licensors, its and their affiliates, and any of Epic’s service providers shall be limited to the full extent permitted by law.
Contact Information
If you have any questions about this Agreement, please contact us at sastreistudios@gmail.com