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END USER LICENSE AGREEMENT (“Agreement”)
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL OR USE NOMADS OF DRIFTLAND. BY ACCESSING OR USING NOMADS OF DRIFTLAND, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
LICENSE
This Agreement is a contract between you and either Star Drifters sp. z o.o. (“Star Drifters”). You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Subject to the terms of this Agreement, Star Drifters grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Nomads of Driftland in accordance with this Agreement and any other written agreement with Star Drifters. Nomads of Driftland is licensed, and not sold, and this Agreement does not transfer the title or ownership to Nomads of Driftland or any copy thereof.
USE RESTRICTIONS
Nomads of Driftland is for personal use only in compliance with all applicable laws and not for any unlawful purpose. Nomads of Driftland shall not be sell, lease, rent, license, distribute or transfer without the written approval of Star Drifters. Nomads of Driftland and its all components are copyrighted and can not be modify, decompile, disassemble or reverse engineer.
DISCLAIMERS AND LIMITATION OF LIABILITY
Nomads of Driftland 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. Star Drifters sp. z o.o. (“Star Drifters”), 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, Star Drifters, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Nomads of Driftland, (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 Nomads of Driftland, or will not revoke approval of this Nomads of Driftland 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 Star Drifters and Epic. Star Drifters, 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 Star Drifters, Epic, Epic’s licensors, nor its or their affiliates, nor any of Star Drifters’ 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 Star Drifters, Epic, Epic’s licensors, nor its or their affiliates, nor any of Star Drifters' 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 Star Drifters’, 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 Star Drifters, 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 Star Drifters, Epic, Epic’s licensors, its and their affiliates, and any of Star Drifters' or Epic’s service providers shall be limited to the full extent permitted by law.
TERMINATION
Any failure to comply with the terms and conditions of this Agreement, or infringe the intellectual property rights of any third party, will terminate this Agreement immediately.
APPLICABLE LAW
This Agreement shall be governed by and construed and interpreted according to Polish law and the parties hereby submit to the exclusive jurisdiction of the courts of Poland.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL OR USE NOMADS OF DRIFTLAND. BY ACCESSING OR USING NOMADS OF DRIFTLAND, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
LICENSE
This Agreement is a contract between you and either Star Drifters sp. z o.o. (“Star Drifters”). You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Subject to the terms of this Agreement, Star Drifters grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Nomads of Driftland in accordance with this Agreement and any other written agreement with Star Drifters. Nomads of Driftland is licensed, and not sold, and this Agreement does not transfer the title or ownership to Nomads of Driftland or any copy thereof.
USE RESTRICTIONS
Nomads of Driftland is for personal use only in compliance with all applicable laws and not for any unlawful purpose. Nomads of Driftland shall not be sell, lease, rent, license, distribute or transfer without the written approval of Star Drifters. Nomads of Driftland and its all components are copyrighted and can not be modify, decompile, disassemble or reverse engineer.
DISCLAIMERS AND LIMITATION OF LIABILITY
Nomads of Driftland 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. Star Drifters sp. z o.o. (“Star Drifters”), 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, Star Drifters, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Nomads of Driftland, (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 Nomads of Driftland, or will not revoke approval of this Nomads of Driftland 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 Star Drifters and Epic. Star Drifters, 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 Star Drifters, Epic, Epic’s licensors, nor its or their affiliates, nor any of Star Drifters’ 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 Star Drifters, Epic, Epic’s licensors, nor its or their affiliates, nor any of Star Drifters' 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 Star Drifters’, 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 Star Drifters, 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 Star Drifters, Epic, Epic’s licensors, its and their affiliates, and any of Star Drifters' or Epic’s service providers shall be limited to the full extent permitted by law.
TERMINATION
Any failure to comply with the terms and conditions of this Agreement, or infringe the intellectual property rights of any third party, will terminate this Agreement immediately.
APPLICABLE LAW
This Agreement shall be governed by and construed and interpreted according to Polish law and the parties hereby submit to the exclusive jurisdiction of the courts of Poland.