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This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Benjamin Schmitter ("Company") for the use of Zombiepede ("Game"). By downloading, installing, or using the Game, you agree to be bound by the terms of this Agreement.
1. License Grant. Subject to the terms of this Agreement, Company grants User a non-exclusive, non-transferable, limited license to download, install, and use the Game for personal, non-commercial purposes only.
2. Intellectual Property. All rights, title, and interest in and to the Game and all content contained therein, including without limitation, graphics, audio, video, code, and software, are owned by Company and/or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
3. Restrictions. User may not:
a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Game; b) sell, rent, lease, distribute, sublicense, or otherwise transfer the Game to any third party; c) use the Game for any commercial purpose; d) remove any proprietary notices or labels on the Game.
4. Disclaimer of Warranties. The Game is provided "AS IS" without any warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
5. Limitation of Liability. In no event shall Company be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use the Game.
6. Termination. This Agreement shall remain in effect until terminated by either party. Company may terminate this Agreement immediately if User breaches any term of this Agreement. Upon termination of this Agreement, User shall cease all use of the Game.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Germany, without giving effect to any principles of conflicts of law.
8. Entire Agreement. This Agreement constitutes the entire agreement between User and Company with respect to the Game and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
By clicking "I agree" or by downloading, installing, or using the Game, User acknowledges that User has read and understood this Agreement and agrees to be bound by its terms.
Disclaimers and Limitation of Liability
Zombiepede 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. Benjamin Schmitter, 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, Benjamin Schmitter, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Zombiepede (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 Zombiepede, or will not revoke approval of Zombiepede 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 Benjamin Schmitter and Epic. Benjamin Schmitter , 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 Benjamin Schmitter, Epic, Epic’s licensors, nor its or their affiliates, nor any of Benjamin Schmitter’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 Benjamin Schmitter, Epic, Epic’s licensors, nor its or their affiliates, nor any of Benjamin Schmitter 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 Benjamin Schmitter’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 Benjamin Schmitter, 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 Benjamin Schmitter, Epic, Epic’s licensors, its and their affiliates, and any of Benjamin Schmitter’s or Epic’s service providers shall be limited to the full extent permitted by law.
1. License Grant. Subject to the terms of this Agreement, Company grants User a non-exclusive, non-transferable, limited license to download, install, and use the Game for personal, non-commercial purposes only.
2. Intellectual Property. All rights, title, and interest in and to the Game and all content contained therein, including without limitation, graphics, audio, video, code, and software, are owned by Company and/or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
3. Restrictions. User may not:
a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Game; b) sell, rent, lease, distribute, sublicense, or otherwise transfer the Game to any third party; c) use the Game for any commercial purpose; d) remove any proprietary notices or labels on the Game.
4. Disclaimer of Warranties. The Game is provided "AS IS" without any warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
5. Limitation of Liability. In no event shall Company be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use the Game.
6. Termination. This Agreement shall remain in effect until terminated by either party. Company may terminate this Agreement immediately if User breaches any term of this Agreement. Upon termination of this Agreement, User shall cease all use of the Game.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Germany, without giving effect to any principles of conflicts of law.
8. Entire Agreement. This Agreement constitutes the entire agreement between User and Company with respect to the Game and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
By clicking "I agree" or by downloading, installing, or using the Game, User acknowledges that User has read and understood this Agreement and agrees to be bound by its terms.
Disclaimers and Limitation of Liability
Zombiepede 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. Benjamin Schmitter, 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, Benjamin Schmitter, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Zombiepede (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 Zombiepede, or will not revoke approval of Zombiepede 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 Benjamin Schmitter and Epic. Benjamin Schmitter , 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 Benjamin Schmitter, Epic, Epic’s licensors, nor its or their affiliates, nor any of Benjamin Schmitter’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 Benjamin Schmitter, Epic, Epic’s licensors, nor its or their affiliates, nor any of Benjamin Schmitter 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 Benjamin Schmitter’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 Benjamin Schmitter, 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 Benjamin Schmitter, Epic, Epic’s licensors, its and their affiliates, and any of Benjamin Schmitter’s or Epic’s service providers shall be limited to the full extent permitted by law.