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FARSIGHT STUDIOS
END USER LICENSE AGREEMENT
ORBALS APPLICATION
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS
AND CONDITIONS.
USE OF THIS APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM “APPLICATION” INCLUDES
THE
SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED
MATERIALS AND OTHER ASSOCIATED MATERIALS. THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL
USER-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND
WHICH
MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH USER-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE
APPLICATION IS RESIDENT ON THE USER DEVICE, IN THE SOLE DISCRETION OF FARSIGHT STUDIOS. YOU ARE SOLELY
RESPONSIBLE
FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION.
EXCEPT IN THE CASE OF APPLICATION COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL
INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY
PROVIDE TO FARSIGHT STUDIOS OR ITS DESIGNEES IS GOVERNED BY FARSIGHT’S PRIVACY POLICY, AS IT MAY BE UPDATED FROM
TIME TO TIME. BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACCEPT AND EXPRESSLY CONSENT TO THE
TERMS OF THIS LICENSE WITH FARSIGHT STUDIOS.
1. LIMITED USE LICENSE.
FarSight Studios grants you the non-exclusive, non-transferable, limited right and license to install and use one
copy of this Application solely and exclusively for your personal use. All rights not specifically granted under
this Agreement are reserved by FarSight Studios. This Application is licensed, not sold. Your license confers no
title or ownership in this Application and should not be construed as a sale of any rights in this Application.
2. OWNERSHIP.
All title, ownership rights, and intellectual property rights in and to this Application (including but not
limited
to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch
phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned
by
FarSight Studios or its licensors. This Application is protected by the copyright laws of the United States,
international copyright treaties and conventions and other laws. This Application contains certain licensed
materials, and FarSight Studios’ licensors may also protect their rights in the event of any violation of this
Agreement.
3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
If you reside in a jurisdiction which restricts the use of software according to age, or which restricts the
ability
to enter into agreements such as the EULA according to age and you are under such age limit, you may not enter
into
this EULA, download, install or use the software. if you reside in a jurisdiction where it is forbidden by law
to
offer or use the software for internet communication, you may not enter into this EULA, download, install or use
the
software. By entering into this EULA, your represent that you have verified in your own jurisdiction that your
use
of the software is permitted by law.
5. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A
PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c)
FARSIGHT STUDIOS WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) FARSIGHT STUDIOS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY
WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF FARSIGHT STUDIOS WILL BE THE REPLACEMENT OF
ANY
FARSIGHT STUDIOS SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF
CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL FARSIGHT STUDIOS BE LIABLE FOR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION,
INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR
MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF FARSIGHT STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH
DAMAGES; AND (b) FARSIGHT STUDIOS’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO
USE
THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE
FARSIGHT
STUDIOS’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. TERMINATION.
Without prejudice to any other of FarSight Studios’ rights or of your obligations hereunder, the limited license
set
forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and
conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its
component parts and related materials.
8. INJUNCTIVE RELIEF.
Because FarSight Studios would be irreparably damaged if the terms of this Agreement were not specifically
enforced,
you agree that FarSight Studios will be entitled, without bond, other security or proof of damages, to
appropriate
equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which
FarSight Studios may have under applicable laws.
9. INDEMNITY.
You agree to indemnify, defend and hold FarSight Studios, its partners, affiliates, contractors, officers,
directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly
from
your acts and omissions to act in using the Product pursuant to the terms of this Agreement
MISCELLANEOUS.
(a) This Agreement, including the Privacy Policy, represents the complete agreement concerning the license of
this
Application between the parties and supersedes all prior or contemporaneous agreements and representations
between
them regarding the same subject matter. (b) This Agreement may be amended only by a writing executed or
electronically accepted by both parties. (c) If any provision of this Agreement is held to be unenforceable for
any
reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining
provisions of this Agreement will not be affected. (d) This Agreement will be governed by the laws of the State
of
California as such law is applied to agreements between California residents entered into and to be performed
entirely within California, except as it may be governed by United States federal laws.
Arbitration. Any unresolved dispute between the parties to this Agreement, or arising under the terms of this
Agreement, shall be decided by arbitration conducted through the services of the American Arbitration
Association
(hereinafter referred to as the “AAA”). To the extent permitted by law, before either party may begin
arbitration
with respect to a dispute involving any aspect of this Agreement, such party shall notify the other party for
the
purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial
notice, then a party may proceed in accordance with the following: (a) Notice of demand for an arbitration
hearing
shall be in writing and properly served upon the parties to this Agreement. (b) Arbitration hearings shall be
held
in the State of California, San Bernardino County, at a location mutually agreeable to the parties. (c) There
shall
be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to
hear
the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until
one
remains. The party giving notice of the Arbitration demand shall be first to indicate its selection. (d) All
costs
of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final
decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses,
including
reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.
ACCEPTANCE
BY DOWNLOADING THIS TITLE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND
BY
AND COMPLY WITH IT.
Disclaimers and Limitation of Liability
Orbals 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. FarSight Studios, Inc. ("Farsight"), 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, FarSight, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Orbals, (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 Orbals, or will not revoke approval of this Orbals 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 FarSight and Epic. FarSight, 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 FarSight, Epic, Epic’s licensors, nor its or their affiliates, nor any of FarSight'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 FarSight, Epic, Epic’s licensors, nor its or their affiliates, nor any of FarSight'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 FarSight'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 FarSight, 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 FarSight, Epic, Epic’s licensors, its and their affiliates, and any of FarSight's or Epic’s service providers shall be limited to the full extent permitted by law.
END USER LICENSE AGREEMENT
ORBALS APPLICATION
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS
AND CONDITIONS.
USE OF THIS APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM “APPLICATION” INCLUDES
THE
SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED
MATERIALS AND OTHER ASSOCIATED MATERIALS. THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL
USER-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND
WHICH
MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH USER-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE
APPLICATION IS RESIDENT ON THE USER DEVICE, IN THE SOLE DISCRETION OF FARSIGHT STUDIOS. YOU ARE SOLELY
RESPONSIBLE
FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION.
EXCEPT IN THE CASE OF APPLICATION COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL
INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY
PROVIDE TO FARSIGHT STUDIOS OR ITS DESIGNEES IS GOVERNED BY FARSIGHT’S PRIVACY POLICY, AS IT MAY BE UPDATED FROM
TIME TO TIME. BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACCEPT AND EXPRESSLY CONSENT TO THE
TERMS OF THIS LICENSE WITH FARSIGHT STUDIOS.
1. LIMITED USE LICENSE.
FarSight Studios grants you the non-exclusive, non-transferable, limited right and license to install and use one
copy of this Application solely and exclusively for your personal use. All rights not specifically granted under
this Agreement are reserved by FarSight Studios. This Application is licensed, not sold. Your license confers no
title or ownership in this Application and should not be construed as a sale of any rights in this Application.
2. OWNERSHIP.
All title, ownership rights, and intellectual property rights in and to this Application (including but not
limited
to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch
phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned
by
FarSight Studios or its licensors. This Application is protected by the copyright laws of the United States,
international copyright treaties and conventions and other laws. This Application contains certain licensed
materials, and FarSight Studios’ licensors may also protect their rights in the event of any violation of this
Agreement.
3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:
- exploit this Application or any of its parts commercially;
- use this Application, or permit use of this Application, on more than one user device (e.g. computer,
handset,
PDA or other device) at the same time;
- make copies of this Application or any part thereof, or make copies of any of its accompanying material;
- sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this
Application, without the express prior written consent of FarSight Studios;
- reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable
form;
- modify, adapt, translate or otherwise create derivative works based on this Application;
- disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
- remove, disable or circumvent any proprietary notices, marks or labels contained on or within this
Application
or its accompany material; or
- export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any
applicable laws or regulations. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to
you
for trial use (e.g. for “beta” testing, and/or for a limited trial period or number of uses):
- you will not use the Application following the expiration of the permitted trial period or number of uses;
and
- the Application may include code designed to prevent you from exceeding these limits, and such code may
remain
on your user device after deletion of the Application in order to prevent you from installing another copy
and
repeating the trial period or extending the number of uses.
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
If you reside in a jurisdiction which restricts the use of software according to age, or which restricts the
ability
to enter into agreements such as the EULA according to age and you are under such age limit, you may not enter
into
this EULA, download, install or use the software. if you reside in a jurisdiction where it is forbidden by law
to
offer or use the software for internet communication, you may not enter into this EULA, download, install or use
the
software. By entering into this EULA, your represent that you have verified in your own jurisdiction that your
use
of the software is permitted by law.
5. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A
PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c)
FARSIGHT STUDIOS WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) FARSIGHT STUDIOS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY
WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF FARSIGHT STUDIOS WILL BE THE REPLACEMENT OF
ANY
FARSIGHT STUDIOS SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF
CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL FARSIGHT STUDIOS BE LIABLE FOR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION,
INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR
MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF FARSIGHT STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH
DAMAGES; AND (b) FARSIGHT STUDIOS’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO
USE
THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE
FARSIGHT
STUDIOS’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. TERMINATION.
Without prejudice to any other of FarSight Studios’ rights or of your obligations hereunder, the limited license
set
forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and
conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its
component parts and related materials.
8. INJUNCTIVE RELIEF.
Because FarSight Studios would be irreparably damaged if the terms of this Agreement were not specifically
enforced,
you agree that FarSight Studios will be entitled, without bond, other security or proof of damages, to
appropriate
equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which
FarSight Studios may have under applicable laws.
9. INDEMNITY.
You agree to indemnify, defend and hold FarSight Studios, its partners, affiliates, contractors, officers,
directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly
from
your acts and omissions to act in using the Product pursuant to the terms of this Agreement
MISCELLANEOUS.
(a) This Agreement, including the Privacy Policy, represents the complete agreement concerning the license of
this
Application between the parties and supersedes all prior or contemporaneous agreements and representations
between
them regarding the same subject matter. (b) This Agreement may be amended only by a writing executed or
electronically accepted by both parties. (c) If any provision of this Agreement is held to be unenforceable for
any
reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining
provisions of this Agreement will not be affected. (d) This Agreement will be governed by the laws of the State
of
California as such law is applied to agreements between California residents entered into and to be performed
entirely within California, except as it may be governed by United States federal laws.
Arbitration. Any unresolved dispute between the parties to this Agreement, or arising under the terms of this
Agreement, shall be decided by arbitration conducted through the services of the American Arbitration
Association
(hereinafter referred to as the “AAA”). To the extent permitted by law, before either party may begin
arbitration
with respect to a dispute involving any aspect of this Agreement, such party shall notify the other party for
the
purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial
notice, then a party may proceed in accordance with the following: (a) Notice of demand for an arbitration
hearing
shall be in writing and properly served upon the parties to this Agreement. (b) Arbitration hearings shall be
held
in the State of California, San Bernardino County, at a location mutually agreeable to the parties. (c) There
shall
be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to
hear
the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until
one
remains. The party giving notice of the Arbitration demand shall be first to indicate its selection. (d) All
costs
of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final
decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses,
including
reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.
ACCEPTANCE
BY DOWNLOADING THIS TITLE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND
BY
AND COMPLY WITH IT.
Disclaimers and Limitation of Liability
Orbals 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. FarSight Studios, Inc. ("Farsight"), 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, FarSight, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Orbals, (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 Orbals, or will not revoke approval of this Orbals 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 FarSight and Epic. FarSight, 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 FarSight, Epic, Epic’s licensors, nor its or their affiliates, nor any of FarSight'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 FarSight, Epic, Epic’s licensors, nor its or their affiliates, nor any of FarSight'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 FarSight'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 FarSight, 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 FarSight, Epic, Epic’s licensors, its and their affiliates, and any of FarSight's or Epic’s service providers shall be limited to the full extent permitted by law.