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END USERS LICENCE AGREEMENT
Please read the following terms and conditions carefully before using this game software, in this document also named OMNO. Your use, distribution or installation of this copy of OMNO indicates your acceptance of this License.
OMNO or [SOFTWARE PRODUCT] here means Software, image files, all accompanying files, data and materials received with your order or download of OMNO.
If you do not agree to any of the terms of this License, then do not install, distribute or use the [SOFTWARE PRODUCT].
This [SOFTWARE PRODUCT] is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. [SOFTWARE PRODUCT] may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Studio Inkyfox UG /Jonas Manke and may not be taken apart, modified, used or published with other software or means except with the [SOFTWARE PRODUCT] software and may not be distributed or copied in any manner.
This [SOFTWARE 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 Studio Inkyfox UG /Jonas Manke will be limited exclusively to refund of purchase price if there was a price to this product. In addition, in no event shall Studio Inkyfox UG /Jonas Manke, 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 [SOFTWARE PRODUCT].
In addition, in no event does Studio Inkyfox UG / Jonas Manke authorize you to use this [SOFTWARE PRODUCT] in applications or systems where [SOFTWARE 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 Studio Inkyfox UG /Jonas Manke 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 Germany.
Studio Inkyfox UG /Jonas Manke the owner of the copyright of this [SOFTWARE PRODUCT], all of its derivatives, title and accompanying materials are the exclusive property of Studio Inkyfox UG /Jonas Manke. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Studio Inkyfox UG /Jonas Manke. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this [SOFTWARE PRODUCT]. You may not make access to [SOFTWARE PRODUCT] available to others in connection with a service bureau, application service provider, or similar business, or use this [SOFTWARE PRODUCT] in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by Studio Inkyfox UG /Jonas Manke herein.
You may not disclose to other persons the data or techniques relating to this [SOFTWARE PRODUCT] that you know or should know that it is a trade secret of the Studio Inkyfox UG /Jonas Manke in any manner that will cause damage to Studio Inkyfox UG /Jonas Manke.
This [SOFTWARE 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 german 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 Studio Inkyfox UG /Jonas Manke harmless from any claims resulting from the use of this [SOFTWARE PRODUCT], which may damage any other party.
Disclaimers and Limitation of Liability
OMNO 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. Studio Inkyfox UG, 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, Studio Inkyfox UG, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the OMNO, (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 OMNO, or will not revoke approval of OMNO 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 Studio Inkyfox UG and Epic. Studio Inkyfox UG, 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 Studio Inkyfox UG, Epic, Epic’s licensors, nor its or their affiliates, nor any of Studio Inkyfox UG 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 Studio Inkyfox UG, Epic, Epic’s licensors, nor its or their affiliates, nor any of Studio Inkyfox UG 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 Studio Inkyfox UG'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 Studio Inkyfox UG, 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 Studio Inkyfox UG, Epic, Epic’s licensors, its and their affiliates, and any of Studio Inkyfox UG'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 game software, in this document also named OMNO. Your use, distribution or installation of this copy of OMNO indicates your acceptance of this License.
OMNO or [SOFTWARE PRODUCT] here means Software, image files, all accompanying files, data and materials received with your order or download of OMNO.
If you do not agree to any of the terms of this License, then do not install, distribute or use the [SOFTWARE PRODUCT].
This [SOFTWARE PRODUCT] is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. [SOFTWARE PRODUCT] may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Studio Inkyfox UG /Jonas Manke and may not be taken apart, modified, used or published with other software or means except with the [SOFTWARE PRODUCT] software and may not be distributed or copied in any manner.
This [SOFTWARE 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 Studio Inkyfox UG /Jonas Manke will be limited exclusively to refund of purchase price if there was a price to this product. In addition, in no event shall Studio Inkyfox UG /Jonas Manke, 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 [SOFTWARE PRODUCT].
In addition, in no event does Studio Inkyfox UG / Jonas Manke authorize you to use this [SOFTWARE PRODUCT] in applications or systems where [SOFTWARE 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 Studio Inkyfox UG /Jonas Manke 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 Germany.
Studio Inkyfox UG /Jonas Manke the owner of the copyright of this [SOFTWARE PRODUCT], all of its derivatives, title and accompanying materials are the exclusive property of Studio Inkyfox UG /Jonas Manke. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Studio Inkyfox UG /Jonas Manke. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this [SOFTWARE PRODUCT]. You may not make access to [SOFTWARE PRODUCT] available to others in connection with a service bureau, application service provider, or similar business, or use this [SOFTWARE PRODUCT] in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by Studio Inkyfox UG /Jonas Manke herein.
You may not disclose to other persons the data or techniques relating to this [SOFTWARE PRODUCT] that you know or should know that it is a trade secret of the Studio Inkyfox UG /Jonas Manke in any manner that will cause damage to Studio Inkyfox UG /Jonas Manke.
This [SOFTWARE 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 german 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 Studio Inkyfox UG /Jonas Manke harmless from any claims resulting from the use of this [SOFTWARE PRODUCT], which may damage any other party.
Disclaimers and Limitation of Liability
OMNO 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. Studio Inkyfox UG, 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, Studio Inkyfox UG, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the OMNO, (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 OMNO, or will not revoke approval of OMNO 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 Studio Inkyfox UG and Epic. Studio Inkyfox UG, 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 Studio Inkyfox UG, Epic, Epic’s licensors, nor its or their affiliates, nor any of Studio Inkyfox UG 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 Studio Inkyfox UG, Epic, Epic’s licensors, nor its or their affiliates, nor any of Studio Inkyfox UG 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 Studio Inkyfox UG'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 Studio Inkyfox UG, 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 Studio Inkyfox UG, Epic, Epic’s licensors, its and their affiliates, and any of Studio Inkyfox UG'S or Epic’s service providers shall be limited to the full extent permitted by law.