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This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and PH7 Studios LLC (“Licensor”), the author of Cat & Mouse, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.
1. Grant of License
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software.
B) Installation and Use. Licensee may install and use an unlimited number of copies of the Software and make multiple back-up copies of the Software, solely for Licensee's personal use.
2. Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
B) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as needed basis.
C) Separation of Components. The Software is licensed as a single product. Its components may not be separated for use on more than one computer.
3. Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.
5. No Support. Licensor has no obligation to provide support services for the Software.
6. Duration. This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease use of the Software and destroy all copies of the Software.
7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Riverside County, CA, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
8. Non-Transferable. This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.
9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
10. DISCLAIMER AND LIMITATION OF LIABILITY. CAT & MOUSE 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. PH7 STUDIOS ("PH7 STUDIOS"), 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, PH7 STUDIOS, EPIC, AND EPIC’S AFFILIATES MAKE NO WARRANTY THAT (1) ANY OF THE EPIC MATERIALS WILL OPERATE PROPERLY, INCLUDING AS INTEGRATED IN THE CAT & MOUSE, (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 CAT & MOUSE, OR WILL NOT REVOKE APPROVAL OF THIS CAT & MOUSE 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 PH7 STUDIOS AND EPIC. PH7 STUDIOS, 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 PH7 STUDIOS, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF PH7 STUDIO'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 [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 PH7 STUDIOS, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF PH7 STUDIO'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 [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 PH7 STUDIO'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 PH7 STUDIOS, 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 PH7 STUDIOS, EPIC, EPIC’S LICENSORS, ITS AND THEIR AFFILIATES, AND ANY OF PH7 STUDIO'S OR EPIC’S SERVICE PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
12. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.
1. Grant of License
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software.
B) Installation and Use. Licensee may install and use an unlimited number of copies of the Software and make multiple back-up copies of the Software, solely for Licensee's personal use.
2. Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
B) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as needed basis.
C) Separation of Components. The Software is licensed as a single product. Its components may not be separated for use on more than one computer.
3. Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.
5. No Support. Licensor has no obligation to provide support services for the Software.
6. Duration. This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease use of the Software and destroy all copies of the Software.
7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Riverside County, CA, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
8. Non-Transferable. This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.
9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
10. DISCLAIMER AND LIMITATION OF LIABILITY. CAT & MOUSE 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. PH7 STUDIOS ("PH7 STUDIOS"), 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, PH7 STUDIOS, EPIC, AND EPIC’S AFFILIATES MAKE NO WARRANTY THAT (1) ANY OF THE EPIC MATERIALS WILL OPERATE PROPERLY, INCLUDING AS INTEGRATED IN THE CAT & MOUSE, (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 CAT & MOUSE, OR WILL NOT REVOKE APPROVAL OF THIS CAT & MOUSE 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 PH7 STUDIOS AND EPIC. PH7 STUDIOS, 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 PH7 STUDIOS, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF PH7 STUDIO'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 [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 PH7 STUDIOS, EPIC, EPIC’S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF PH7 STUDIO'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 [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 PH7 STUDIO'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 PH7 STUDIOS, 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 PH7 STUDIOS, EPIC, EPIC’S LICENSORS, ITS AND THEIR AFFILIATES, AND ANY OF PH7 STUDIO'S OR EPIC’S SERVICE PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
12. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.