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AGENT 9 END USER LICENSE AGREEMENT
This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Noodle Games, its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of this End User License and Warranty Agreement ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
1. Limited Use License. Noodle Games, hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the program for your use on either a home or portable computer subject to the terms of this License Agreement. You may not network the program or otherwise install it or use it on more than one computer at a time. The program is licensed, not sold. Your license confers no title or ownership in the program.
2. Ownership. All right, title, interest and ownership rights in the Program and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by, belong to and vest in Noodle Games or its licensors. The Program is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Program may contain certain licensed materials and Noodle Games licensors may act to protect their rights in the event of any violation of this License Agreement. All trademarks are the property of their respective owners.
3. Responsibilities of End User.
• Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Noodle Games. Where applicable law provides otherwise (all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Noodle Games on creation in any event);
• The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
• You are entitled to use the Program for your own personal non-commercial use as described in this License Agreement, but you are not entitled to:
o sell, distribute or otherwise transfer copies or reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Noodle Games ; or
o exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site. Noodle Games may offer a separate site license agreement to permit you to make the Program available for commercial use; contact Noodle Games for details;
o use, copy, transfer or distribute the Program or part of it other than as permitted by this License Agreement;
o use, assign, rent, loan, charge or otherwise deal in the Program or any part or interest therein or under this License Agreement except as expressly provided herein;
o use the Program for any illegal or immoral purposes;
o without further licence, use the Program, or permit the use of the Program, on more than one computer, game console, handheld device or PDA at the same time;
o use the Program, or permit use of the Program, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by Noodle Games and subject to acceptance of the terms and conditions of use;
o remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Program;
o export or re-export the Program or any copy or adaptation in violation of any applicable laws or regulations;
o create data or executable programs which mimic data or functionality in the Program;
o otherwise use, copy, transfer or distribute the Program or part of it except as expressly permitted by this License Agreement or in any manner which is inconsistent with this License Agreement.
• You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program as Noodle Games has no liability for lost or corrupted data.
4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement; you agree to remove the Program from your home or portable computer and you transfer the applicable Program Key to the recipient and agree with the recipient to take over your password and username, subject to the terms of this License Agreement.
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by deleting and removing the Program from your home or portable computer and destroying your copy of the Program in your possession. This Licence will terminate automatically if you fail to abide by any of the terms and conditions. Noodle Games may additionally, at its discretion, give notice to terminate this License Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In such event, you must immediately destroy and erase the Program and all and any copies in your possession or control and stored on any media whatsoever and on Focus’ request certify that you have done so.
6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty. Noodle Games does not warrant that the operation of the Program will be uninterrupted or error free or that errors can be corrected. The Program is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Noodle Games’s liability, warranties and your remedies. To the maximum extent permitted by law, Noodle Games Limited excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW Noodle Games EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Program and Manual(s) remains with you, however Noodle Games warrants in respect of the Program distributed on a unit of physical media that for a period of up to and including 90 days from the date of the initial purchase of the Program that the master disk on which the Program is furnished shall be free from defects in material and workmanship. In the event that the master disk proves to be defective during that time period, and upon presentation to Noodle Games of proof of purchase of the defective Program, Noodle Games will at its option; 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER NOODLE GAMES, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Noodle Games and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Program, even if it has been advised of the possibility of such loss. Noodle Games and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Program has been modified in any manner (not by Noodle Games or its licensors) after it has been bought. The liability of Noodle Games and its licensors shall not exceed the actual price paid for the Program.
Noodle Games and its licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
You agree to indemnify, defend and hold Noodle Games and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Program otherwise than in accordance with the terms of this License Agreement.
9. Equitable Remedies. You hereby agree that Noodle Games would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Noodle Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Noodle Games may otherwise have available to it under applicable laws.
10. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.
APPLICABLE LAW.
• The Online Service is intended for use and may only be used in countries where all such use is lawful.
• To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Program, Online Service and this Licence Agreement are subject to English Law.
• In the event that English Law cannot apply in the country you obtained or use the Program and Online Service the following provisions shall apply. If you acquired this Program in the United States, this LICENSE AGREEMENT is governed by the laws of the State of Pennsylvania. If you acquired this Program in Canada, unless expressly prohibited by local law, this LICENSE AGREEMENT is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder; you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Program in the European Union, Iceland, Norway or Switzerland, then local law will apply. If you acquired this Program in any other country, then local law will apply.
11. Requires internet connection and free Steam account to activate. Notice: Product offered subject to your acceptance of the Steam Subscriber Agreement ("SSA"). You must activate this product via the Internet by registering for a Steam account and accepting the SSA. Please see http://www.steampowered.com/agreement to view the SSA prior to purchase. If you do not agree with the provisions of the SSA, you should return this game unopened to your retailer in accordance with their return policy.
Agent 9 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. Noodle Games, 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, Noodle Games, 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 Agent 9, 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 Noodle Games and Epic. Noodle Games, 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 Noodle Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Noodle Games 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 Noodle Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Noodle Games 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 Noodle Games, 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 Noodle Games, 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 Noodle Games, Epic, Epic’s licensors, its and their affiliates, and any of Noodle Games or Epic’s service providers shall be limited to the full extent permitted by law.
This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Noodle Games, its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of this End User License and Warranty Agreement ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
1. Limited Use License. Noodle Games, hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the program for your use on either a home or portable computer subject to the terms of this License Agreement. You may not network the program or otherwise install it or use it on more than one computer at a time. The program is licensed, not sold. Your license confers no title or ownership in the program.
2. Ownership. All right, title, interest and ownership rights in the Program and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by, belong to and vest in Noodle Games or its licensors. The Program is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Program may contain certain licensed materials and Noodle Games licensors may act to protect their rights in the event of any violation of this License Agreement. All trademarks are the property of their respective owners.
3. Responsibilities of End User.
• Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Noodle Games. Where applicable law provides otherwise (all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Noodle Games on creation in any event);
• The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
• You are entitled to use the Program for your own personal non-commercial use as described in this License Agreement, but you are not entitled to:
o sell, distribute or otherwise transfer copies or reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Noodle Games ; or
o exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site. Noodle Games may offer a separate site license agreement to permit you to make the Program available for commercial use; contact Noodle Games for details;
o use, copy, transfer or distribute the Program or part of it other than as permitted by this License Agreement;
o use, assign, rent, loan, charge or otherwise deal in the Program or any part or interest therein or under this License Agreement except as expressly provided herein;
o use the Program for any illegal or immoral purposes;
o without further licence, use the Program, or permit the use of the Program, on more than one computer, game console, handheld device or PDA at the same time;
o use the Program, or permit use of the Program, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by Noodle Games and subject to acceptance of the terms and conditions of use;
o remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Program;
o export or re-export the Program or any copy or adaptation in violation of any applicable laws or regulations;
o create data or executable programs which mimic data or functionality in the Program;
o otherwise use, copy, transfer or distribute the Program or part of it except as expressly permitted by this License Agreement or in any manner which is inconsistent with this License Agreement.
• You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program as Noodle Games has no liability for lost or corrupted data.
4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement; you agree to remove the Program from your home or portable computer and you transfer the applicable Program Key to the recipient and agree with the recipient to take over your password and username, subject to the terms of this License Agreement.
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by deleting and removing the Program from your home or portable computer and destroying your copy of the Program in your possession. This Licence will terminate automatically if you fail to abide by any of the terms and conditions. Noodle Games may additionally, at its discretion, give notice to terminate this License Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In such event, you must immediately destroy and erase the Program and all and any copies in your possession or control and stored on any media whatsoever and on Focus’ request certify that you have done so.
6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty. Noodle Games does not warrant that the operation of the Program will be uninterrupted or error free or that errors can be corrected. The Program is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Noodle Games’s liability, warranties and your remedies. To the maximum extent permitted by law, Noodle Games Limited excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW Noodle Games EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Program and Manual(s) remains with you, however Noodle Games warrants in respect of the Program distributed on a unit of physical media that for a period of up to and including 90 days from the date of the initial purchase of the Program that the master disk on which the Program is furnished shall be free from defects in material and workmanship. In the event that the master disk proves to be defective during that time period, and upon presentation to Noodle Games of proof of purchase of the defective Program, Noodle Games will at its option; 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER NOODLE GAMES, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Noodle Games and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Program, even if it has been advised of the possibility of such loss. Noodle Games and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Program has been modified in any manner (not by Noodle Games or its licensors) after it has been bought. The liability of Noodle Games and its licensors shall not exceed the actual price paid for the Program.
Noodle Games and its licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
You agree to indemnify, defend and hold Noodle Games and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Program otherwise than in accordance with the terms of this License Agreement.
9. Equitable Remedies. You hereby agree that Noodle Games would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Noodle Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Noodle Games may otherwise have available to it under applicable laws.
10. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.
APPLICABLE LAW.
• The Online Service is intended for use and may only be used in countries where all such use is lawful.
• To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Program, Online Service and this Licence Agreement are subject to English Law.
• In the event that English Law cannot apply in the country you obtained or use the Program and Online Service the following provisions shall apply. If you acquired this Program in the United States, this LICENSE AGREEMENT is governed by the laws of the State of Pennsylvania. If you acquired this Program in Canada, unless expressly prohibited by local law, this LICENSE AGREEMENT is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder; you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Program in the European Union, Iceland, Norway or Switzerland, then local law will apply. If you acquired this Program in any other country, then local law will apply.
11. Requires internet connection and free Steam account to activate. Notice: Product offered subject to your acceptance of the Steam Subscriber Agreement ("SSA"). You must activate this product via the Internet by registering for a Steam account and accepting the SSA. Please see http://www.steampowered.com/agreement to view the SSA prior to purchase. If you do not agree with the provisions of the SSA, you should return this game unopened to your retailer in accordance with their return policy.
Agent 9 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. Noodle Games, 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, Noodle Games, 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 Agent 9, 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 Noodle Games and Epic. Noodle Games, 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 Noodle Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Noodle Games 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 Noodle Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Noodle Games 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 Noodle Games, 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 Noodle Games, 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 Noodle Games, Epic, Epic’s licensors, its and their affiliates, and any of Noodle Games or Epic’s service providers shall be limited to the full extent permitted by law.