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END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by DRAGO SOFTWARE LTDA - ME (“DRAGO SOFTWARE”).
This EULA sets out the basis on which DRAGO SOFTWARE makes the Product available to you (“User” or ”You”) and on which You may use them. By installing or using the Product, You agree to accept and to be bound by this EULA at all time. If You do not agree with this EULA, please do not download, install or use the Product.
OWNERSHIP
All intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and all title and interest to any and all copies thereof are owned exclusively by DRAGO SOFTWARE and/or its licensors and You receive no right or interest therein, except for the limited licenses expressly provided herein. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, DRAGO SOFTWARE’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without DRAGO SOFTWARE’s prior permission and, if applicable, DRAGO SOFTWARE’s licensors’.
GRANT OF LICENSE
The Product is licensed to you and its use is subject to this EULA. DRAGO SOFTWARE grants you a limited, personal, non-transferable, non-sublicensed, non-commercial, and non-exclusive license to use the Product for the sole purpose of installing it on your mobile phone, tablet, or personal computer. DRAGO SOFTWARE reserves all rights not expressly granted to you in this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from DRAGO SOFTWARE. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product, (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
You are aware and agree that use of the Product and the media on which it is recorded is at your sole risk. The Product and media are supplied "AS IS." Unless otherwise provided by applicable law, DRAGO SOFTWARE warrants to the original purchaser of this product that the Product storage medium will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Product fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Product. DRAGO SOFTWARE does not warrant that the Product or its operations or functions will meet your requirements, or that the use of the Product will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, DRAGO SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, DRAGO SOFTWARE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL DRAGO SOFTWARE OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF DRAGO SOFTWARE OR AN AUTHORIZED REPRESENTATIVE OF DRAGO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF DRAGO SOFTWARE FOR DAMAGES WITH RESPECT TO THE PRODUCT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE PRODUCT.
TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and DRAGO SOFTWARE (or its licensors) may terminate this EULA, at any time, for any reason. Termination by DRAGO SOFTWARE will be effective upon (a) notice to You or (b) at the time of DRAGO SOFTWARE’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
CHANGES TO THIS EULA OR TO THE PRODUCT
DRAGO SOFTWARE reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with the previous section and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
DRAGO SOFTWARE may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that DRAGO SOFTWARE may stop to support previous versions of the Product upon availability of an updated version.
UNREAL ENGINE DISCLAIMERS AND LIMITATION OF LIABILITY
This Product 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. DRAGO SOFTWARE, 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, DRAGO SOFTWARE, 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 this Product, or will not revoke approval of this Product 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 DRAGO SOFTWARE and Epic. DRAGO SOFTWARE, 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 DRAGO SOFTWARE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DRAGO SOFTWARE’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 DRAGO SOFTWARE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DRAGO SOFTWARE’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 DRAGO SOFTWARE’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 DRAGO SOFTWARE, 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 DRAGO SOFTWARE, Epic, Epic’s licensors, its and their affiliates, and any of DRAGO SOFTWARE’s or Epic’s service providers shall be limited to the full extent permitted by law.
MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA. This EULA constitutes the entire agreement between you and DRAGO SOFTWARE regarding the Product and its use.
If You have any questions concerning this EULA, You may contact DRAGO SOFTWARE at https://www.dragosoftware.com/contact.html or at DRAGO SOFTWARE LTDA - ME, 211 Freitas Guimaraes ap.93, Itarare, Sao Vicente, SP, Brazil.
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by DRAGO SOFTWARE LTDA - ME (“DRAGO SOFTWARE”).
This EULA sets out the basis on which DRAGO SOFTWARE makes the Product available to you (“User” or ”You”) and on which You may use them. By installing or using the Product, You agree to accept and to be bound by this EULA at all time. If You do not agree with this EULA, please do not download, install or use the Product.
OWNERSHIP
All intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and all title and interest to any and all copies thereof are owned exclusively by DRAGO SOFTWARE and/or its licensors and You receive no right or interest therein, except for the limited licenses expressly provided herein. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, DRAGO SOFTWARE’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without DRAGO SOFTWARE’s prior permission and, if applicable, DRAGO SOFTWARE’s licensors’.
GRANT OF LICENSE
The Product is licensed to you and its use is subject to this EULA. DRAGO SOFTWARE grants you a limited, personal, non-transferable, non-sublicensed, non-commercial, and non-exclusive license to use the Product for the sole purpose of installing it on your mobile phone, tablet, or personal computer. DRAGO SOFTWARE reserves all rights not expressly granted to you in this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from DRAGO SOFTWARE. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product, (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
You are aware and agree that use of the Product and the media on which it is recorded is at your sole risk. The Product and media are supplied "AS IS." Unless otherwise provided by applicable law, DRAGO SOFTWARE warrants to the original purchaser of this product that the Product storage medium will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Product fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Product. DRAGO SOFTWARE does not warrant that the Product or its operations or functions will meet your requirements, or that the use of the Product will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, DRAGO SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, DRAGO SOFTWARE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL DRAGO SOFTWARE OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF DRAGO SOFTWARE OR AN AUTHORIZED REPRESENTATIVE OF DRAGO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF DRAGO SOFTWARE FOR DAMAGES WITH RESPECT TO THE PRODUCT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE PRODUCT.
TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and DRAGO SOFTWARE (or its licensors) may terminate this EULA, at any time, for any reason. Termination by DRAGO SOFTWARE will be effective upon (a) notice to You or (b) at the time of DRAGO SOFTWARE’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
CHANGES TO THIS EULA OR TO THE PRODUCT
DRAGO SOFTWARE reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with the previous section and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
DRAGO SOFTWARE may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that DRAGO SOFTWARE may stop to support previous versions of the Product upon availability of an updated version.
UNREAL ENGINE DISCLAIMERS AND LIMITATION OF LIABILITY
This Product 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. DRAGO SOFTWARE, 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, DRAGO SOFTWARE, 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 this Product, or will not revoke approval of this Product 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 DRAGO SOFTWARE and Epic. DRAGO SOFTWARE, 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 DRAGO SOFTWARE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DRAGO SOFTWARE’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 DRAGO SOFTWARE, Epic, Epic’s licensors, nor its or their affiliates, nor any of DRAGO SOFTWARE’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 DRAGO SOFTWARE’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 DRAGO SOFTWARE, 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 DRAGO SOFTWARE, Epic, Epic’s licensors, its and their affiliates, and any of DRAGO SOFTWARE’s or Epic’s service providers shall be limited to the full extent permitted by law.
MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA. This EULA constitutes the entire agreement between you and DRAGO SOFTWARE regarding the Product and its use.
If You have any questions concerning this EULA, You may contact DRAGO SOFTWARE at https://www.dragosoftware.com/contact.html or at DRAGO SOFTWARE LTDA - ME, 211 Freitas Guimaraes ap.93, Itarare, Sao Vicente, SP, Brazil.