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GIANT MACHINES 2017
LICENCE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ("EULA") is a legal agreement between you and Code Horizon Sp. z o.o. ("Code Horizon" or "we") for the computer game software stated above (the "Software Product"), which Software Product includes computer software and associated media, materials and other documentation together with any updates to the original game software which are provided to you (or which you may download from any Code Horizon web site or other source authorised by us expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software. The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product which may be embodied on the media containing this Software Product and which may be required in order to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
CODE HORIZON IS PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS. IF YOU AGREE TO BE BOUND BY THEM PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR COMPUTER. IF YOU ARE THE ORIGINAL PURCHASER OF THIS SOFTWARE PRODUCT AND DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE RETURN THE DISK UNUSED TOGETHER WITH ITS PACKAGING AND DOCUMENTATION TO THE POINT OF PURCHASE WITHIN 30 (THIRTY) DAYS OF THE DATE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, ALL OR A PROPORTION OF THE REFUND MAY BE WITHHELD IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY. BY INSTALLING THIS SOFTWARE PRODUCT AND/OR OTHERWISE USING ALL OR ANY PART OF THIS SOFTWARE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.
1. Technical Support
If you require technical assistance, please refer to the manual accompanying the Software Product or write to the Customer Service Department at [email protected].
IMPORTANT NOTICE: Where a CD key or registration code is required to install this Software Product and/or to access any on-line or multiplayer game play, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this CD key or registration code secure. Lost, stolen or damaged CD keys/codes cannot be replaced.
2. Non-Exclusive Licence
For so long as you are in compliance with the provisions of this EULA, you are permitted to:
(a) load the Software Product into and use it on a single computer which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software Product from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your computer and the licence granted to you under this EULA shall automatically and immediately terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Code Horizon and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3. Restrictions
You are not permitted:
(a) to load the Software Product on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-licence, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way.
4. Online/multiplayer Features and Functionality
This Software Product may allow services operated by Code Horizon and/or its affiliates or third parties authorised on their behalf to be accessed which allow users of the Software Product to enjoy certain on-line or multiplayer features and functionality associated with the Software Product (“Online Features”). These services and Online Features may, however, require payment of additional fees and access to and use of such services/Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Importantly, not all purchasers of this Software Product will be able to register or benefit from such services (including Online Features associated with the Software Product). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions. An internet connection will be required to access Online Features.
5. Usage Data
Without prejudice to paragraph 4 above, we may from time to time during your gameplay collect information about your hardware system including how you are using the Software Product. This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet service provider to identify your PC). This information may be used not only to help you play the game on the Software Product over the Internet (where the Software Product contains Online Features) but also to help us better understand how our customers are using the game, their behaviour and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your consent.
6. In-Game Advertising
The Software Product may incorporate technology (which may be provided by Code Horizon or third party service providers engaged by Code Horizon (each a "Dynamic Advertising Provider")) which enables advertising to be uploaded into the Software Product on your PC, and changed while the Software Product is being played on-line. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your Software Product and geographic region, as well as to the correct location within the computer game, certain data and information will be may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-game position, and information concerning the appearance of advertising visible during your gameplay (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your PC and which is used to monitor and calculate the number of views of dynamic advertising during gameplay. None of the information collected for this purpose including the identification number can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-game advertising is integrated within the Software Product. This means that if you do not want to receive dynamic advertising, you should only play the game when you are not connected to the Internet.
7. Termination
Without prejudice to any other rights, Code Horizon may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and Code Horizon’s proprietary rights shall survive termination.
8. Ownership
You only own the media on which the Software Product is recorded. Code Horizon and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
9. Limited Warranty and Exclusions
9.1 LIMITED WARRANTY
This limited warranty is in addition to, and does not affect, your statutory rights.
The Software Distributor warrants to the original consumer purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of the Distributor under this limited warranty will be, at Code Horizon’s sole option, either (a) to return of the purchase price paid; or (b) to repair or, at Code Horizon’s option, to replace free of charge the Software Product that does not meet this limited warranty provided the following procedures and conditions are observed. All claims under this limited warranty must be made by returning the original physical medium in its original condition and packaging to the point of purchase, together with a copy of the original sales receipt or other dated proof of purchase, a statement describing the defects and a return address. Where this is not possible for any reason (and provided it is within the period of 90 days from the date of purchase) the defective medium should be returned to the Distributor at the address specified in the manual accompanying this Software Product together with the Required Material and address of the location where the Software Product was purchased.
9.2 The limited warranty in paragraph 9.1 above is void and shall not apply to media which has been subject to misuse, accident, damage or excessive wear. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9.3 THE LIMITED WARRANTY IN PARAGRAPH 9.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODE HORIZON AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, CODE HORIZON DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. CODE HORIZON FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
9.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL CODE HORIZON OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF CODE HORIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF CODE HORIZON AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
9.5 Nothing in this EULA shall limit or exclude the Distributor’s liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
9.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 9. Nothing in this paragraph 9 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
9.7 You understand that the Software Product may be updated at any time and in doing so Code Horizon is under no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.
10. Governing Law
10.1 This EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of Poland whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA.
10.2 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
11. Miscellaneous
11.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
11.2 Without prejudice to paragraph 9.6, this EULA constitutes the entire agreement between Code Horizon and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of Code Horizon.
---------------
DirectX
---------------
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft -
* Updates;
* Supplements;
* Internet-based services;
* Support services;
- for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not...
* Work around any technical limitations in the software;
* Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* Publish the software for others to copy;
* Rent, lease or lend the software;
* Transfer the software or this agreement to any third party; or
* Use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* Anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
LICENCE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ("EULA") is a legal agreement between you and Code Horizon Sp. z o.o. ("Code Horizon" or "we") for the computer game software stated above (the "Software Product"), which Software Product includes computer software and associated media, materials and other documentation together with any updates to the original game software which are provided to you (or which you may download from any Code Horizon web site or other source authorised by us expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software. The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product which may be embodied on the media containing this Software Product and which may be required in order to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
CODE HORIZON IS PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS. IF YOU AGREE TO BE BOUND BY THEM PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR COMPUTER. IF YOU ARE THE ORIGINAL PURCHASER OF THIS SOFTWARE PRODUCT AND DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE RETURN THE DISK UNUSED TOGETHER WITH ITS PACKAGING AND DOCUMENTATION TO THE POINT OF PURCHASE WITHIN 30 (THIRTY) DAYS OF THE DATE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, ALL OR A PROPORTION OF THE REFUND MAY BE WITHHELD IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY. BY INSTALLING THIS SOFTWARE PRODUCT AND/OR OTHERWISE USING ALL OR ANY PART OF THIS SOFTWARE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.
1. Technical Support
If you require technical assistance, please refer to the manual accompanying the Software Product or write to the Customer Service Department at [email protected].
IMPORTANT NOTICE: Where a CD key or registration code is required to install this Software Product and/or to access any on-line or multiplayer game play, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this CD key or registration code secure. Lost, stolen or damaged CD keys/codes cannot be replaced.
2. Non-Exclusive Licence
For so long as you are in compliance with the provisions of this EULA, you are permitted to:
(a) load the Software Product into and use it on a single computer which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software Product from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your computer and the licence granted to you under this EULA shall automatically and immediately terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Code Horizon and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3. Restrictions
You are not permitted:
(a) to load the Software Product on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-licence, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way.
4. Online/multiplayer Features and Functionality
This Software Product may allow services operated by Code Horizon and/or its affiliates or third parties authorised on their behalf to be accessed which allow users of the Software Product to enjoy certain on-line or multiplayer features and functionality associated with the Software Product (“Online Features”). These services and Online Features may, however, require payment of additional fees and access to and use of such services/Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Importantly, not all purchasers of this Software Product will be able to register or benefit from such services (including Online Features associated with the Software Product). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions. An internet connection will be required to access Online Features.
5. Usage Data
Without prejudice to paragraph 4 above, we may from time to time during your gameplay collect information about your hardware system including how you are using the Software Product. This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet service provider to identify your PC). This information may be used not only to help you play the game on the Software Product over the Internet (where the Software Product contains Online Features) but also to help us better understand how our customers are using the game, their behaviour and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your consent.
6. In-Game Advertising
The Software Product may incorporate technology (which may be provided by Code Horizon or third party service providers engaged by Code Horizon (each a "Dynamic Advertising Provider")) which enables advertising to be uploaded into the Software Product on your PC, and changed while the Software Product is being played on-line. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your Software Product and geographic region, as well as to the correct location within the computer game, certain data and information will be may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-game position, and information concerning the appearance of advertising visible during your gameplay (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your PC and which is used to monitor and calculate the number of views of dynamic advertising during gameplay. None of the information collected for this purpose including the identification number can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-game advertising is integrated within the Software Product. This means that if you do not want to receive dynamic advertising, you should only play the game when you are not connected to the Internet.
7. Termination
Without prejudice to any other rights, Code Horizon may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and Code Horizon’s proprietary rights shall survive termination.
8. Ownership
You only own the media on which the Software Product is recorded. Code Horizon and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
9. Limited Warranty and Exclusions
9.1 LIMITED WARRANTY
This limited warranty is in addition to, and does not affect, your statutory rights.
The Software Distributor warrants to the original consumer purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of the Distributor under this limited warranty will be, at Code Horizon’s sole option, either (a) to return of the purchase price paid; or (b) to repair or, at Code Horizon’s option, to replace free of charge the Software Product that does not meet this limited warranty provided the following procedures and conditions are observed. All claims under this limited warranty must be made by returning the original physical medium in its original condition and packaging to the point of purchase, together with a copy of the original sales receipt or other dated proof of purchase, a statement describing the defects and a return address. Where this is not possible for any reason (and provided it is within the period of 90 days from the date of purchase) the defective medium should be returned to the Distributor at the address specified in the manual accompanying this Software Product together with the Required Material and address of the location where the Software Product was purchased.
9.2 The limited warranty in paragraph 9.1 above is void and shall not apply to media which has been subject to misuse, accident, damage or excessive wear. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9.3 THE LIMITED WARRANTY IN PARAGRAPH 9.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODE HORIZON AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, CODE HORIZON DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. CODE HORIZON FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
9.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL CODE HORIZON OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF CODE HORIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF CODE HORIZON AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
9.5 Nothing in this EULA shall limit or exclude the Distributor’s liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
9.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 9. Nothing in this paragraph 9 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
9.7 You understand that the Software Product may be updated at any time and in doing so Code Horizon is under no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.
10. Governing Law
10.1 This EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of Poland whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA.
10.2 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
11. Miscellaneous
11.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
11.2 Without prejudice to paragraph 9.6, this EULA constitutes the entire agreement between Code Horizon and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of Code Horizon.
---------------
DirectX
---------------
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft -
* Updates;
* Supplements;
* Internet-based services;
* Support services;
- for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not...
* Work around any technical limitations in the software;
* Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* Publish the software for others to copy;
* Rent, lease or lend the software;
* Transfer the software or this agreement to any third party; or
* Use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* Anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.