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END USER LICENSE AGREEMENT
BY DOWNLOADING, INSTALLATION AND/OR USE OF GAME THE USER AGREES TO THE TERMS SET FORTH HEREIN.
*WARNING:
A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR BLACKOUTS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHEN PLAYING VIDEO GAMES MAY TRIGGER EPILEPTIC SEIZURES OR BLACKOUTS IN THESE INDIVIDUALS. THESE CONDITIONS MAY TRIGGER PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS OR SEIZURES IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION OR HAS HAD SEIZURES OF ANY KIND, CONSULT YOUR PHYSICIAN BEFORE PLAYING.
IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING GAMEPLAY IF YOU OR YOUR CHILD EXPERIENCE ANY OF THE FOLLOWING HEALTH PROBLEMS OR SYMPTOMS: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, SEIZURES OR ANY INVOLUNTARY MOVEMENT OR CONVULSION. RESUME GAME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN.
USE AND HANDLING OF VIDEO GAMES TO REDUCE THE LIKELIHOOD OF A SEIZURE:
• USE IN A WELL-LIT AREA AND KEEP AS FAR AWAY AS POSSIBLE FROM THE COMPUTER SCREEN.
• AVOID LARGE SCREEN. USE THE SMALLEST COMPUTER SCREEN AVAILABLE.
• AVOID PROLONGED USE OF THE COMPUTER.
• TAKE A 15-MINUTE BREAK DURING EACH HOUR OF PLAY.
• AVOID PLAYING WHEN YOU ARE TIRED OR NEED SLEEP.
STOP PLAYING THE GAME IMMEDIATELY IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: LIGHTHEADEDNESS, NAUSEA, OR A SENSATION SIMILAR TO MOTION SICKNESS, DISCOMFORT OR PAIN IN THE EYES, EARS, HANDS ARMS, OR ANY OTHER PART OF THE BODY. IF THE CONDITION PERSISTS, CONSULT A DOCTOR.
THE USER CONFIRMS THAT INFORMATION REGARDING MINIMUM HARDWARE AND SOFTWARE DEMANDS REQUIRED TO USE THE GAME HAS BEEN ADVISED TO THE USER IN ADVANCE. THE USER CONFIRMS THE KNOWLEDGE OF SUCH REQUIREMENTS.
BY DOWNLOADING THE GAME THE USER CONFIRMS AND DECLARES, THAT:
• IS OF AGE AND HAS A FULL CAPACITY TO ACT IN LAW
• IS AWARE THAT THE GAME DOES NOT SUPPORT ANY VIOLENCE OR ACTION INFRINGING ANY LAWS OF ANY COUNTRY
• IS ACCEPTING THE POSSIBILITY OF THE DATA LOSS AND/OR VIRTUAL GOODS IN THE GAME PURCHASED FOR MONEY FOR THE REASONS INDEPENDENT OF THE COMPANY
• IS ACCEPTING THE SHUTDOWN CAPABILITY OF THE ACCOUNT WITHOUT WARNING IN THE CASE OF COMMITTING THE FRAUD
• IS ACCEPTING ALL PROVISIONS OF THIS LICENCE (EULA).
I. GENERAL PROVISIONS
1. This license agreement (End User License Agreement - hereinafter "EULA") is applicable for using the game under the name of Monster League (hereinafter “GAME”) by any end user (hereinafter “USER”) with the use of Internet and the hardware of the User.
2. Render Cube Sp. Z O. O. is a producer of the game with the registered office in Lodz (postal code: 90-350 Lodz) at ul. ks. bp. Wincentego Tymienieckiego 25C/230, registered with the Register of Entrepreneurs by the District Court for Lodz-Srodmiescie in Lodz, the XX Commercial Division of the National Court Register no 0000708937, NIP (tax identification number) 7282824878 (hereinafter "COMPANY").
3. GAME is distributed through the Steam platform (http://store.steampowered.com), as specified by Valve® Corporation and Valve S.A.R.L. (hereinafter "DISTRIBUTOR"). In addition, for third parties, which are service providers such as operators of payment or internet service provider may apply separate rules established by the service providers.
4. The GAME doesn't require making any personal data available to the COMPANY by the USER i.e. the COMPANY isn't collecting or processing any personal data of the USER.
5. The COMPANY is adding adequate efforts in order to offer safe services and products.
II. GAME
1. The rights to the GAME including copyrights are held solely by the COMPANY.
2. The GAME in no way is referring to real events. The GAME does not promote or encourage illegal activities.
3. The story of the GAME has abstract character, contributed in the course of the GAME by the USER.
4. The COMPANY does not support any conflict, war, violence or any political opinion.
5. All resemblances in the GAME (in relation to background, place and time of played actions, names, situation of persons and the like) are accidental, unintentional by the COMPANY and do not constitute imitating persons existing in fact, subjects, events or works.
6. It is forbidden to use and/or make use of the GAME to promote activities, contacts and communication (chat) for illegal and/or in violation of the moral and social standards.
7. Every infringement by the EULA may cause the COMPANY to suspend the USER in rights to use the GAME and the alteration of the account pursuant to the provisions included in EULA.
8. The COMPANY isn't bearing responsibility for results of the USER in the GAME.
9. The USER is incurring the full liability for his/hers medical condition and the psychological condition as part of playing the GAME and using services of the COMPANY.
III. INTELLECTUAL PROPERTY
1. Content of the GAME (including any parts of the GAME, among others - central figures of the GAME, objects and accessories of the GAME, graphic images, photographs, animated films, video-animation, video clips, sound records, sound effects, the music, the textual game record, dialogues and other parts of the GAME software) is protected as the subject of the copyright as defined in applicable laws of the US and/or other countries. Usage of materials protected by law without consent of the COMPANY and in the way contrary to EULA results in breaking by the USER EULA conditions and is forbidden.
2. Through the account on the Steam platform the USER can inspect the content of the GAME and download and install The GAME exclusively in order to play the GAME.
3. By the installation of the GAME and playing the GAME the USER apart from obtaining the EULA from the COMPANY is acquiring no further rights to the intellectual property consisting the GAME and/or related with the GAME.
IV. EULA DETAILED CONDITIONS
1. This EULA is being granted to the USER by the COMPANY in the non-negotiable way, without the right of the sub-license, non-exclusive, revocable, limited, personal (non-commercial objective) and depends on the USER abiding the EULA.
2. The USER accepts receiving the EULA for using the GAME for private entertainment purposes, including possible updates, additions and latest versions.
3. The COMPANY reserves the right to supplement and to implement changes in the GAME.
4. USERS agrees that the access to the GAME can be blocked by the COMPANY, in case of the USER infringes the EULA.
5. The USER has no right to:
1) copy, translate, modify, spread and/or create of derivative works on the basis of the GAME, in whole or in part;
2) use the software automating the games (of lined boots), hack’s, partial conversions neither other third parties software designed for modifying the GAME or any operations violating the rights of the COMPANY and/or the DISTRIBUTOR;
3) use the GAME for any commercial purposes without the prior written consent of the COMPANY;
4) use unauthorized third parties software which is intercepting, "is exploring data" or in any other way is collecting information from or via the GAME, this regards in particular the software which is reading out the memory or the warehouse storage capacity used by the GAME for information storage related with, among others, the form and/or the environment of the GAME;
5) lead, deliver or develop services of searching for opponents within the GAME or intercepting, emulating or redirecting communication protocols used by the GAME in any form and to any purpose, among others unauthorized games through the internet, network games or as the part of the net of the concentration of the content;
6) enable, create, help and/or hold the unauthorized connection to COMPANY’S services;
7) make attempts of any alterations within the GAME software, including reverse engineering, decompilation, getting the source code of the GAME.
6. The USER is taking note that using the GAME requires determined equipment, software and other resources (e.g. appropriate internet connection) the COMPANY is not providing and/or guaranteeing.
7. The COMPANY can implement or provide patches, updates, additional contents and/or other modifications to the GAME (for example aimed to correct online gameplay, add new functions or remove software errors), upgrades and functionalities.
8. EULA comes into force upon downloading the GAME (click - wrap) by the USER. The download date will be treated as the moment when this EULA is accepted.
9. The USER is accepting the fact that the COMPANY can, at its own discretion, temporarily or definitively turn the game off and/or terminate the EULA and to block the USER in the GAME in case of breaking any of EULA conditions, among others:
1) in case of lack of payment of appropriate fees in time by the USER or;
2) when a third party, which the USER instructed, employed and/or provided access, tries to change, modify, add, remove and/or to implement changes in the GAME or;
3) the USER will make, or will let any third party make, unauthorized copies of the GAME or;
4) in case of the USER infringing any part of the EULA or;
5) in case the GAME is withdrawn from the offer of the COMPANY and/or the DISTRIBUTOR or;
6) as a result of changes concerning the Steam platform and the DISTRIBUTOR.
10. The USER can at any moment resign from EULA without the need to submit the written statement to the COMPANY by:
1) uninstallation of the GAME;
2) liquidation of the USER account on the Steam platform.
V. DISCLAIMERS AND LIMITATION OF THE LIABILITY
1. In no event will the COMPANY be liable to the USER or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever, arising out of or related to the GAME, this EULA, the COMPANY intellectual property or any third party services, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory), even if the COMPANY has been advised of the possibility of such damages.
2. In no event will COMPANY’S total liability arising out of or related to the GAME, this EULA, the COMPANY intellectual property or any third party services exceed the fees paid by USER to COMPANY for the term during which the damages initially arose.
3. Notwithstanding any terms to the contrary in this EULA, the COMPANY will not be liable for any disclosure of, unauthorized use of and/or unauthorized access to any information, data or customer materials unless such disclosure, unauthorized use of and/or unauthorized access solely and directly results from COMPANY’s gross negligence.
4. Multiple claims, suits, actions or proceedings will not expand this limitation. The parties agree that the foregoing limitations represent a reasonable allocation of risk under this EULA.
GAME 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. COMPANY, 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, COMPANY, Epic, and Epic’s affiliates make no warranty that:
1) any of the Epic Materials will operate properly, including as integrated in the GAME;
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;
6) that a platform manufacturer has approved or will approve this GAME, or will not revoke approval of this GAME 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 COMPANY and Epic. COMPANY, 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 COMPANY, Epic, Epic’s licensors, nor its or their affiliates, nor any of COMPANY’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 COMPANY, Epic, Epic’s licensors, nor its or their affiliates, nor any of COMPANY’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 COMPANY’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 COMPANY, 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 COMPANY, Epic, Epic’s licensors, its and their affiliates, and any of COMPANY’s or Epic’s service providers shall be limited to the full extent permitted by law.
VI. ASSIGNMENT
USER may not assign, delegate or transfer (by sale, merger, operation of law or otherwise) this EULA or any right, title, interest or obligation hereunder without the prior written consent of the COMPANY. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void and without effect. COMPANY may assign this EULA without USER’S prior written consent. This EULA will be binding and inure to the benefit of such assignees, transferees and other successors in interest of the parties, in the event of an assignment or other transfer made consistent with the provisions of this EULA.
VII. FORCE MAJEURE
Except for payments due under this EULA, neither party will be responsible for any failure to perform or delay attributable, in whole or in part, to any cause beyond its reasonable control, including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party (each a "Force Majeure Event").
VIII. FINAL PROVISIONS
1. All disputes relating to EULA not resolved in the amicable way for period of 60 days will be subjected to the decision of courts of general jurisdiction in Lodz, POLAND, unless the established law in the domicile of the USER provides otherwise.
2. Provisions of the Polish law are applied, in particular the Civil Code and the Act from 4 February 1994 about the copyright and related rights.
3. In case of USERS being citizens of the European Union EULA regulations are not infringing provisions related with the consumer protection.
4. If for any reason a court of competent jurisdiction finds any provision of this EULA, or portion thereof, to be unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA will continue in full force and effect.
5. The COMPANY is providing EULA contents free of charge for the USER along with the GAME.
6. The COMPANY retains the right to modify EULA at all times, in relation to changes which can occur in the GAME, the Steam platform, the politics of the DISTRIBUTOR or provisions of the law.
7. This EULA is in force from 26 October 2018.
BY DOWNLOADING, INSTALLATION AND/OR USE OF GAME THE USER AGREES TO THE TERMS SET FORTH HEREIN.
*WARNING:
A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR BLACKOUTS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHEN PLAYING VIDEO GAMES MAY TRIGGER EPILEPTIC SEIZURES OR BLACKOUTS IN THESE INDIVIDUALS. THESE CONDITIONS MAY TRIGGER PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS OR SEIZURES IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION OR HAS HAD SEIZURES OF ANY KIND, CONSULT YOUR PHYSICIAN BEFORE PLAYING.
IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING GAMEPLAY IF YOU OR YOUR CHILD EXPERIENCE ANY OF THE FOLLOWING HEALTH PROBLEMS OR SYMPTOMS: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, SEIZURES OR ANY INVOLUNTARY MOVEMENT OR CONVULSION. RESUME GAME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN.
USE AND HANDLING OF VIDEO GAMES TO REDUCE THE LIKELIHOOD OF A SEIZURE:
• USE IN A WELL-LIT AREA AND KEEP AS FAR AWAY AS POSSIBLE FROM THE COMPUTER SCREEN.
• AVOID LARGE SCREEN. USE THE SMALLEST COMPUTER SCREEN AVAILABLE.
• AVOID PROLONGED USE OF THE COMPUTER.
• TAKE A 15-MINUTE BREAK DURING EACH HOUR OF PLAY.
• AVOID PLAYING WHEN YOU ARE TIRED OR NEED SLEEP.
STOP PLAYING THE GAME IMMEDIATELY IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: LIGHTHEADEDNESS, NAUSEA, OR A SENSATION SIMILAR TO MOTION SICKNESS, DISCOMFORT OR PAIN IN THE EYES, EARS, HANDS ARMS, OR ANY OTHER PART OF THE BODY. IF THE CONDITION PERSISTS, CONSULT A DOCTOR.
THE USER CONFIRMS THAT INFORMATION REGARDING MINIMUM HARDWARE AND SOFTWARE DEMANDS REQUIRED TO USE THE GAME HAS BEEN ADVISED TO THE USER IN ADVANCE. THE USER CONFIRMS THE KNOWLEDGE OF SUCH REQUIREMENTS.
BY DOWNLOADING THE GAME THE USER CONFIRMS AND DECLARES, THAT:
• IS OF AGE AND HAS A FULL CAPACITY TO ACT IN LAW
• IS AWARE THAT THE GAME DOES NOT SUPPORT ANY VIOLENCE OR ACTION INFRINGING ANY LAWS OF ANY COUNTRY
• IS ACCEPTING THE POSSIBILITY OF THE DATA LOSS AND/OR VIRTUAL GOODS IN THE GAME PURCHASED FOR MONEY FOR THE REASONS INDEPENDENT OF THE COMPANY
• IS ACCEPTING THE SHUTDOWN CAPABILITY OF THE ACCOUNT WITHOUT WARNING IN THE CASE OF COMMITTING THE FRAUD
• IS ACCEPTING ALL PROVISIONS OF THIS LICENCE (EULA).
I. GENERAL PROVISIONS
1. This license agreement (End User License Agreement - hereinafter "EULA") is applicable for using the game under the name of Monster League (hereinafter “GAME”) by any end user (hereinafter “USER”) with the use of Internet and the hardware of the User.
2. Render Cube Sp. Z O. O. is a producer of the game with the registered office in Lodz (postal code: 90-350 Lodz) at ul. ks. bp. Wincentego Tymienieckiego 25C/230, registered with the Register of Entrepreneurs by the District Court for Lodz-Srodmiescie in Lodz, the XX Commercial Division of the National Court Register no 0000708937, NIP (tax identification number) 7282824878 (hereinafter "COMPANY").
3. GAME is distributed through the Steam platform (http://store.steampowered.com), as specified by Valve® Corporation and Valve S.A.R.L. (hereinafter "DISTRIBUTOR"). In addition, for third parties, which are service providers such as operators of payment or internet service provider may apply separate rules established by the service providers.
4. The GAME doesn't require making any personal data available to the COMPANY by the USER i.e. the COMPANY isn't collecting or processing any personal data of the USER.
5. The COMPANY is adding adequate efforts in order to offer safe services and products.
II. GAME
1. The rights to the GAME including copyrights are held solely by the COMPANY.
2. The GAME in no way is referring to real events. The GAME does not promote or encourage illegal activities.
3. The story of the GAME has abstract character, contributed in the course of the GAME by the USER.
4. The COMPANY does not support any conflict, war, violence or any political opinion.
5. All resemblances in the GAME (in relation to background, place and time of played actions, names, situation of persons and the like) are accidental, unintentional by the COMPANY and do not constitute imitating persons existing in fact, subjects, events or works.
6. It is forbidden to use and/or make use of the GAME to promote activities, contacts and communication (chat) for illegal and/or in violation of the moral and social standards.
7. Every infringement by the EULA may cause the COMPANY to suspend the USER in rights to use the GAME and the alteration of the account pursuant to the provisions included in EULA.
8. The COMPANY isn't bearing responsibility for results of the USER in the GAME.
9. The USER is incurring the full liability for his/hers medical condition and the psychological condition as part of playing the GAME and using services of the COMPANY.
III. INTELLECTUAL PROPERTY
1. Content of the GAME (including any parts of the GAME, among others - central figures of the GAME, objects and accessories of the GAME, graphic images, photographs, animated films, video-animation, video clips, sound records, sound effects, the music, the textual game record, dialogues and other parts of the GAME software) is protected as the subject of the copyright as defined in applicable laws of the US and/or other countries. Usage of materials protected by law without consent of the COMPANY and in the way contrary to EULA results in breaking by the USER EULA conditions and is forbidden.
2. Through the account on the Steam platform the USER can inspect the content of the GAME and download and install The GAME exclusively in order to play the GAME.
3. By the installation of the GAME and playing the GAME the USER apart from obtaining the EULA from the COMPANY is acquiring no further rights to the intellectual property consisting the GAME and/or related with the GAME.
IV. EULA DETAILED CONDITIONS
1. This EULA is being granted to the USER by the COMPANY in the non-negotiable way, without the right of the sub-license, non-exclusive, revocable, limited, personal (non-commercial objective) and depends on the USER abiding the EULA.
2. The USER accepts receiving the EULA for using the GAME for private entertainment purposes, including possible updates, additions and latest versions.
3. The COMPANY reserves the right to supplement and to implement changes in the GAME.
4. USERS agrees that the access to the GAME can be blocked by the COMPANY, in case of the USER infringes the EULA.
5. The USER has no right to:
1) copy, translate, modify, spread and/or create of derivative works on the basis of the GAME, in whole or in part;
2) use the software automating the games (of lined boots), hack’s, partial conversions neither other third parties software designed for modifying the GAME or any operations violating the rights of the COMPANY and/or the DISTRIBUTOR;
3) use the GAME for any commercial purposes without the prior written consent of the COMPANY;
4) use unauthorized third parties software which is intercepting, "is exploring data" or in any other way is collecting information from or via the GAME, this regards in particular the software which is reading out the memory or the warehouse storage capacity used by the GAME for information storage related with, among others, the form and/or the environment of the GAME;
5) lead, deliver or develop services of searching for opponents within the GAME or intercepting, emulating or redirecting communication protocols used by the GAME in any form and to any purpose, among others unauthorized games through the internet, network games or as the part of the net of the concentration of the content;
6) enable, create, help and/or hold the unauthorized connection to COMPANY’S services;
7) make attempts of any alterations within the GAME software, including reverse engineering, decompilation, getting the source code of the GAME.
6. The USER is taking note that using the GAME requires determined equipment, software and other resources (e.g. appropriate internet connection) the COMPANY is not providing and/or guaranteeing.
7. The COMPANY can implement or provide patches, updates, additional contents and/or other modifications to the GAME (for example aimed to correct online gameplay, add new functions or remove software errors), upgrades and functionalities.
8. EULA comes into force upon downloading the GAME (click - wrap) by the USER. The download date will be treated as the moment when this EULA is accepted.
9. The USER is accepting the fact that the COMPANY can, at its own discretion, temporarily or definitively turn the game off and/or terminate the EULA and to block the USER in the GAME in case of breaking any of EULA conditions, among others:
1) in case of lack of payment of appropriate fees in time by the USER or;
2) when a third party, which the USER instructed, employed and/or provided access, tries to change, modify, add, remove and/or to implement changes in the GAME or;
3) the USER will make, or will let any third party make, unauthorized copies of the GAME or;
4) in case of the USER infringing any part of the EULA or;
5) in case the GAME is withdrawn from the offer of the COMPANY and/or the DISTRIBUTOR or;
6) as a result of changes concerning the Steam platform and the DISTRIBUTOR.
10. The USER can at any moment resign from EULA without the need to submit the written statement to the COMPANY by:
1) uninstallation of the GAME;
2) liquidation of the USER account on the Steam platform.
V. DISCLAIMERS AND LIMITATION OF THE LIABILITY
1. In no event will the COMPANY be liable to the USER or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever, arising out of or related to the GAME, this EULA, the COMPANY intellectual property or any third party services, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory), even if the COMPANY has been advised of the possibility of such damages.
2. In no event will COMPANY’S total liability arising out of or related to the GAME, this EULA, the COMPANY intellectual property or any third party services exceed the fees paid by USER to COMPANY for the term during which the damages initially arose.
3. Notwithstanding any terms to the contrary in this EULA, the COMPANY will not be liable for any disclosure of, unauthorized use of and/or unauthorized access to any information, data or customer materials unless such disclosure, unauthorized use of and/or unauthorized access solely and directly results from COMPANY’s gross negligence.
4. Multiple claims, suits, actions or proceedings will not expand this limitation. The parties agree that the foregoing limitations represent a reasonable allocation of risk under this EULA.
GAME 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. COMPANY, 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, COMPANY, Epic, and Epic’s affiliates make no warranty that:
1) any of the Epic Materials will operate properly, including as integrated in the GAME;
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;
6) that a platform manufacturer has approved or will approve this GAME, or will not revoke approval of this GAME 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 COMPANY and Epic. COMPANY, 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 COMPANY, Epic, Epic’s licensors, nor its or their affiliates, nor any of COMPANY’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 COMPANY, Epic, Epic’s licensors, nor its or their affiliates, nor any of COMPANY’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 COMPANY’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 COMPANY, 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 COMPANY, Epic, Epic’s licensors, its and their affiliates, and any of COMPANY’s or Epic’s service providers shall be limited to the full extent permitted by law.
VI. ASSIGNMENT
USER may not assign, delegate or transfer (by sale, merger, operation of law or otherwise) this EULA or any right, title, interest or obligation hereunder without the prior written consent of the COMPANY. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void and without effect. COMPANY may assign this EULA without USER’S prior written consent. This EULA will be binding and inure to the benefit of such assignees, transferees and other successors in interest of the parties, in the event of an assignment or other transfer made consistent with the provisions of this EULA.
VII. FORCE MAJEURE
Except for payments due under this EULA, neither party will be responsible for any failure to perform or delay attributable, in whole or in part, to any cause beyond its reasonable control, including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party (each a "Force Majeure Event").
VIII. FINAL PROVISIONS
1. All disputes relating to EULA not resolved in the amicable way for period of 60 days will be subjected to the decision of courts of general jurisdiction in Lodz, POLAND, unless the established law in the domicile of the USER provides otherwise.
2. Provisions of the Polish law are applied, in particular the Civil Code and the Act from 4 February 1994 about the copyright and related rights.
3. In case of USERS being citizens of the European Union EULA regulations are not infringing provisions related with the consumer protection.
4. If for any reason a court of competent jurisdiction finds any provision of this EULA, or portion thereof, to be unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA will continue in full force and effect.
5. The COMPANY is providing EULA contents free of charge for the USER along with the GAME.
6. The COMPANY retains the right to modify EULA at all times, in relation to changes which can occur in the GAME, the Steam platform, the politics of the DISTRIBUTOR or provisions of the law.
7. This EULA is in force from 26 October 2018.