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END USERS LICENSE AGREEMENT
Please read the following terms and conditions carefully before using this Product. Your use, distribution or installation of this copy of "RUN OF MYDAN" indicates your acceptance of this License.
Product here means Software, image files, all accompanying files, data and materials received with your order of "RUN OF MYDAN".
If you do not agree to any of the terms of this License, then do not install, distribute or use the Product.
All components accompanying the software are copyrighted by Virtew and may not be taken apart, modified, used or published with other software or means except with the Product software and may not be distributed or copied in any manner.
This Product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of Virtew will be limited exclusively to refund of purchase price. In addition, in no event shall Virtew, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of the software.
In addition, in no event does Virtew authorize you to use this Product in applications or systems where Product's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Virtew harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of ITALY OR STATE.
Virtew the owner of the copyright of this software, all of its derivatives, title and accompanying materials are the exclusive property of Virtew. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Virtew. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this software. There are no third party beneficiaries of any promises, obligations or representations made by Virtew herein.
You may not disclose to other persons the data or techniques relating to this Product that you know or should know that it is a trade secret of [Virtew] in any manner that will cause damage to Virtew.
This Product and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any ITALIAN, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Virtew harmless from any claims resulting from the use of this Product, which may damage any other party.
DISCLAIMERS AND LIMITATION OF LIABILITY
RUN OF MYDAN© 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. Virtew, 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, Virtew, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the RUN OF MYDAN©, (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 RUN OF MYDAN©, or will not revoke approval of this RUN OF MYDAN© 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 Virtew and Epic. Virtew, 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 Virtew, Epic, Epic’s licensors, nor its or their affiliates, nor any of Virtew'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 EULA, 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 Virtew, Epic, Epic’s licensors, nor its or their affiliates, nor any of Virtew'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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Virtew'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 Virtew, 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 Virtew, Epic, Epic’s licensors, its and their affiliates, and any of Virtew's or Epic’s service providers shall be limited to the full extent permitted by law.
Please read the following terms and conditions carefully before using this Product. Your use, distribution or installation of this copy of "RUN OF MYDAN" indicates your acceptance of this License.
Product here means Software, image files, all accompanying files, data and materials received with your order of "RUN OF MYDAN".
If you do not agree to any of the terms of this License, then do not install, distribute or use the Product.
All components accompanying the software are copyrighted by Virtew and may not be taken apart, modified, used or published with other software or means except with the Product software and may not be distributed or copied in any manner.
This Product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of Virtew will be limited exclusively to refund of purchase price. In addition, in no event shall Virtew, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of the software.
In addition, in no event does Virtew authorize you to use this Product in applications or systems where Product's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Virtew harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of ITALY OR STATE.
Virtew the owner of the copyright of this software, all of its derivatives, title and accompanying materials are the exclusive property of Virtew. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Virtew. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this software. There are no third party beneficiaries of any promises, obligations or representations made by Virtew herein.
You may not disclose to other persons the data or techniques relating to this Product that you know or should know that it is a trade secret of [Virtew] in any manner that will cause damage to Virtew.
This Product and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any ITALIAN, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Virtew harmless from any claims resulting from the use of this Product, which may damage any other party.
DISCLAIMERS AND LIMITATION OF LIABILITY
RUN OF MYDAN© 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. Virtew, 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, Virtew, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the RUN OF MYDAN©, (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 RUN OF MYDAN©, or will not revoke approval of this RUN OF MYDAN© 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 Virtew and Epic. Virtew, 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 Virtew, Epic, Epic’s licensors, nor its or their affiliates, nor any of Virtew'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 EULA, 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 Virtew, Epic, Epic’s licensors, nor its or their affiliates, nor any of Virtew'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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Virtew'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 Virtew, 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 Virtew, Epic, Epic’s licensors, its and their affiliates, and any of Virtew's or Epic’s service providers shall be limited to the full extent permitted by law.