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BEYOND EXTINCT END USER LICENSE AGREEMENT (EULA)
IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PRESSING "I ACCEPT" ON THE END-USER LICENSE AGREEMENT SCREEN. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND CRANIA GAMES AND ITS AFFILIATES FOR "BEYOND EXTINCT", WHICH INCLUDES SOFTWARE PRODUCT AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, SELECT "DISAGREE/DECLINE". YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
OWNERSHIP
It is hereby understood and agreed that Crania Games is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
DISCLAIMERS AND LIMITATION OF LIABILITY
"Beyond Extinct" 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. Crania 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, Crania Games, 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, or (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 Crania Games and Epic. Crania 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 Crania Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Crania 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 agreement, 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 Crania Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Crania 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 agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Crania 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 Crania 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 [Licensor], Epic, Epic’s licensors, its and their affiliates, and any of Crania Games’ or Epic’s service providers shall be limited to the full extent permitted by law.
Termination
Without limiting any other rights of Crania Games, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software Product. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software Product in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Amendments of this Agreement
Crania Games may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement when you next access the Software Product. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement and must stop using the Software Product. Your continued use of the Software Product will demonstrate your acceptance of the amended Agreement.
Definitions
As used in this Agreement, the following capitalized words have the following meanings:
“Software Product” means the proprietary software application known as "Beyond Extinct", and any patches, updates, upgrades, and documentation for such application, made available to you by Crania Games under this Agreement.
IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PRESSING "I ACCEPT" ON THE END-USER LICENSE AGREEMENT SCREEN. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND CRANIA GAMES AND ITS AFFILIATES FOR "BEYOND EXTINCT", WHICH INCLUDES SOFTWARE PRODUCT AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, SELECT "DISAGREE/DECLINE". YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
OWNERSHIP
It is hereby understood and agreed that Crania Games is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
DISCLAIMERS AND LIMITATION OF LIABILITY
"Beyond Extinct" 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. Crania 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, Crania Games, 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, or (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 Crania Games and Epic. Crania 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 Crania Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Crania 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 agreement, 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 Crania Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Crania 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 agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Crania 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 Crania 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 [Licensor], Epic, Epic’s licensors, its and their affiliates, and any of Crania Games’ or Epic’s service providers shall be limited to the full extent permitted by law.
Termination
Without limiting any other rights of Crania Games, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software Product. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software Product in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Amendments of this Agreement
Crania Games may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement when you next access the Software Product. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement and must stop using the Software Product. Your continued use of the Software Product will demonstrate your acceptance of the amended Agreement.
Definitions
As used in this Agreement, the following capitalized words have the following meanings:
“Software Product” means the proprietary software application known as "Beyond Extinct", and any patches, updates, upgrades, and documentation for such application, made available to you by Crania Games under this Agreement.