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Disclaimers and Limitation of Liability
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY. This End User License Agreement (the “EULA” or “Agreement”) governs your use of THE DARK METHOD game software (the “Game” or “Software”). By installing or using the Game, you hereby accept the terms of this license with Analog Joker LLC (“LICENSOR”). If You do not agree to the terms of this Agreement Do not install or use this SOFTWARE.
LICENSE. The Game is licensed, not sold. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable console or computer owned by you. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by Analog Joker LLC or its licensors.
TERMINATION. This Agreement and the licenses granted under this Agreement are effective until terminated. They shall terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination you shall immediately cease using the Software, and destroy the Software and all copies of any parts thereof.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer and software codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, modified, reproduced, distributed, publicly displayed or publicly performed in any manner or medium, in whole or in part, without the express prior written consent from LICENSOR. Any persons copying, modifying, reproducing, distributing, publicly displaying or publicly performing all or any portion of the Software in any manner or medium without such prior written consent of LICENSOR, will be willfully violating the copyright laws and may be subject to civil and criminal penalties. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
DISCLAIMER OF WARRANTIES. THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL LICENSOR OR ANY OF ITS LICENSORS, DISTRIBUTORS BE LIABLE FOR ANY (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (ii) THIRD PARTY CLAIMS, OR (iii) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA; EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE ENTIRE LIABILITY OF LICENSOR ARISING FROM OR IN ANY WAY RELATED TO THE SOFTWARE, OR ANY PART THEREOF, OR THIS AGREEMENT, EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE SOFTWARE.
INDEMNIFICATION. You agree to indemnify, defend and hold LICENSOR, its partners, licensors, 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 Software pursuant to the terms of the Agreement.
The Game 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. Analog Joker LLC, 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, Analog Joker LLC, 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 Analog Joker LLC and Epic. Analog Joker LLC, 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 Analog Joker LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Analog Joker LLC’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 Analog Joker LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Analog Joker LLC’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 Analog Joker LLC’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 Analog Joker LLC, 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 Analog Joker LLC, Epic, Epic’s licensors, its and their affiliates, and any of Analog Joker LLC’s or Epic’s service providers shall be limited to the full extent permitted by law.
HEALTH AND SAFETY PRECAUTIONS AND DISCLAIMERS
Failing to review and adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of your VR headset may cause damage to property, personal injury to you or others, or death.
Please also carefully read and follow all health and safety precautions from your virtual reality headset manufacturer before use.
You should talk with a physician to obtain professional advice before playing the game.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE PLAYING
Please note that certain people are susceptible to various symptoms and conditions when playing a game with virtual reality headsets, including: altered vision, epileptic seizures or loss of consciousness, motion sickness, dizziness, disorientation or nausea; and/or repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms and see a doctor.
In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.
If you are pregnant or if you have any pre-existing medical condition, you should talk with a physician to obtain professional advice before playing the game.
You should not play the game under the influence of alcohol or drugs or while using prescription or non-prescription medication.
Always be aware of your surroundings when playing the game. Since the game is an immersive reality experience, you may not be able to fully see or hear your surroundings while playing. Give yourself plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. Ensure you are in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards or other objects or people that may pose a danger to you or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that you can be aware of your surroundings while playing, and to avoid any damage to your hearing.
YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR THE SOFTWARE.
In no event shall LICENSOR be liable for any damage to property, injury, or death (or for direct, indirect, punitive, incidental, or consequential damages) arising out of the use or misuse of the Software or any virtual reality headset or related equipment, including, without limitation, arising out of or connected with interactions between you and other people or objects in or around the play area during gameplay. You understand that misuse of the Software includes (without limitation) violations of any instructions or any warnings set forth on the packaging, documentation, and screen shots for your virtual reality headset, in this document, in other documentation accompanying the Software or the packaging for the Software. Failure to carefully read and follow those instructions and warnings could lead to property damage, injury or death. You expressly assume and accept any and all risks inherent in (or that may be associated with) the use of the Software, and/or of the virtual reality headsets or related equipment. Some, but not all, of those risks are discussed in the warnings set forth above or the warnings accompanying the Software and the virtual reality headset.
This Agreement and all Disputes shall be governed by the laws of the State of Michigan, USA.
The Dark Method software © 2020 Analog Joker LLC. Developed by Analog Joker LLC.
The Dark Method uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2020, Epic Games, Inc. All rights reserved.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY. This End User License Agreement (the “EULA” or “Agreement”) governs your use of THE DARK METHOD game software (the “Game” or “Software”). By installing or using the Game, you hereby accept the terms of this license with Analog Joker LLC (“LICENSOR”). If You do not agree to the terms of this Agreement Do not install or use this SOFTWARE.
LICENSE. The Game is licensed, not sold. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable console or computer owned by you. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by Analog Joker LLC or its licensors.
TERMINATION. This Agreement and the licenses granted under this Agreement are effective until terminated. They shall terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination you shall immediately cease using the Software, and destroy the Software and all copies of any parts thereof.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer and software codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, modified, reproduced, distributed, publicly displayed or publicly performed in any manner or medium, in whole or in part, without the express prior written consent from LICENSOR. Any persons copying, modifying, reproducing, distributing, publicly displaying or publicly performing all or any portion of the Software in any manner or medium without such prior written consent of LICENSOR, will be willfully violating the copyright laws and may be subject to civil and criminal penalties. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
DISCLAIMER OF WARRANTIES. THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL LICENSOR OR ANY OF ITS LICENSORS, DISTRIBUTORS BE LIABLE FOR ANY (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (ii) THIRD PARTY CLAIMS, OR (iii) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA; EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE ENTIRE LIABILITY OF LICENSOR ARISING FROM OR IN ANY WAY RELATED TO THE SOFTWARE, OR ANY PART THEREOF, OR THIS AGREEMENT, EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE SOFTWARE.
INDEMNIFICATION. You agree to indemnify, defend and hold LICENSOR, its partners, licensors, 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 Software pursuant to the terms of the Agreement.
The Game 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. Analog Joker LLC, 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, Analog Joker LLC, 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 Analog Joker LLC and Epic. Analog Joker LLC, 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 Analog Joker LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Analog Joker LLC’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 Analog Joker LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Analog Joker LLC’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 Analog Joker LLC’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 Analog Joker LLC, 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 Analog Joker LLC, Epic, Epic’s licensors, its and their affiliates, and any of Analog Joker LLC’s or Epic’s service providers shall be limited to the full extent permitted by law.
HEALTH AND SAFETY PRECAUTIONS AND DISCLAIMERS
Failing to review and adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of your VR headset may cause damage to property, personal injury to you or others, or death.
Please also carefully read and follow all health and safety precautions from your virtual reality headset manufacturer before use.
You should talk with a physician to obtain professional advice before playing the game.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE PLAYING
Please note that certain people are susceptible to various symptoms and conditions when playing a game with virtual reality headsets, including: altered vision, epileptic seizures or loss of consciousness, motion sickness, dizziness, disorientation or nausea; and/or repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms and see a doctor.
In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.
If you are pregnant or if you have any pre-existing medical condition, you should talk with a physician to obtain professional advice before playing the game.
You should not play the game under the influence of alcohol or drugs or while using prescription or non-prescription medication.
Always be aware of your surroundings when playing the game. Since the game is an immersive reality experience, you may not be able to fully see or hear your surroundings while playing. Give yourself plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. Ensure you are in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards or other objects or people that may pose a danger to you or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that you can be aware of your surroundings while playing, and to avoid any damage to your hearing.
YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR THE SOFTWARE.
In no event shall LICENSOR be liable for any damage to property, injury, or death (or for direct, indirect, punitive, incidental, or consequential damages) arising out of the use or misuse of the Software or any virtual reality headset or related equipment, including, without limitation, arising out of or connected with interactions between you and other people or objects in or around the play area during gameplay. You understand that misuse of the Software includes (without limitation) violations of any instructions or any warnings set forth on the packaging, documentation, and screen shots for your virtual reality headset, in this document, in other documentation accompanying the Software or the packaging for the Software. Failure to carefully read and follow those instructions and warnings could lead to property damage, injury or death. You expressly assume and accept any and all risks inherent in (or that may be associated with) the use of the Software, and/or of the virtual reality headsets or related equipment. Some, but not all, of those risks are discussed in the warnings set forth above or the warnings accompanying the Software and the virtual reality headset.
This Agreement and all Disputes shall be governed by the laws of the State of Michigan, USA.
The Dark Method software © 2020 Analog Joker LLC. Developed by Analog Joker LLC.
The Dark Method uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2020, Epic Games, Inc. All rights reserved.