Common use of Disclaimers and Limitation of Liability Clause in Contracts

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, 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, Epic, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. 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. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 5 contracts

Samples: User License Agreement, End User License Agreement, End User License Agreement

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Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensorsaffiliates, and its and their affiliates licensors and service providers (collectively, the “Epic Parties”) disclaim all warrantiesrepresentations, conditions, common law duties, warranties and representations conditions (express, whether express or implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not an Epic Party 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 arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates the Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupteduninterrupted or free of bugs, bug freeerrors, or error free in any or all circumstancesmalware (such as viruses), or (43) that any defects in the Software or Services can or will be corrected. 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. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the Epic Parties”), Parties shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesAgreement, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the particular Software (including any Game Currency or Content) Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a Software licensed to you under this Agreement unless you have agreed to Software Specific Terms for that Software or Service that include a disclaimer of the Developer’s warranties and a limitation of the Developer’s liability. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.

Appears in 3 contracts

Samples: Epic Games Store End User License Agreement, Epic Games Store End User License Agreement, Epic Games Store End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicLicensor , its licensorsaffiliates, and its and their affiliates licensors and service providers (collectively, the “Licensor Parties”) disclaim all warrantiesrepresentations, conditions, common law duties, warranties and representations conditions (express, whether express or implied, oral, and written) with respect to the Software and ServicesSoftware, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Epic Licensor 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 arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates the Licensor Parties make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupteduninterrupted or free of bugs, bug freeerrors, or error free in any or all circumstancesmalware (such as viruses), or (43) that any defects in the Software or Services can or will be corrected. 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. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), Licensor Parties shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or Agreement, the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or ServicesSoftware, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic a Licensor Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Licensor Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the greater of (A) the total amounts you have paid (if any) to Epic Licensor for the particular Software (including any Game Currency or Content) to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liabilityliability or (B) Five Hundred Dollars (USD $500). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.

Appears in 3 contracts

Samples: Twinmotion End User License Agreement, Twinmotion End User License Agreement, Twinmotion End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensorsaffiliates, and its and their affiliates licensors and service providers (collectively, the “Epic Parties”) disclaim all warrantiesrepresentations, conditions, common law duties, warranties and representations conditions (express, whether express or implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, regarding non-infringement, merchantability, or 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 arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates the Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupteduninterrupted or free of bugs, bug freeerrors, or error free in any or all circumstancesmalware (such as viruses), or (43) that any defects in the Software or Services can or will be corrected. 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. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the Epic Parties”), Parties shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesAgreement, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the particular Software (including any Game Currency or Content) Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a Software or Service licensed to you under this Agreement (whether Epic, its affiliate, or a third party) unless you have agreed to Software Specific Terms for that Software or Service that include a disclaimer of the developer’s warranties or limitation of the developer’s liability.

Appears in 2 contracts

Samples: Epic Games Store End User License Agreement, Epic Games Store End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-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, Epic, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. 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. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.

Appears in 1 contract

Samples: User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicOval15, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, 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 Oval15 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, EpicOval15, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected, or (5) that registration on the Platform will result in your employment with a club or the successful obtainment of a Visa. 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. EpicOval15, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpicOval15, nor its licensors, nor its or their affiliates, nor any of EpicOval15’s service providers (collectively, the “Epic Oval15 Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Oval15 Party’s fault, tort delict (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Oval15 Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Oval15 Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic Oval15 for the Software (including any Game Currency or Content) Services during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 1 contract

Samples: oval15.com

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicOval15, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, 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 Oval15 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, EpicOval15, its licensors, and its and their affiliates make no warranty that that: (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected, or (5) that registration on the Platform will result in your employment with a club or the successful obtainment of a Visa. 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. EpicOval15, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpicOval15, nor its licensors, nor its or their affiliates, nor any of EpicOval15’s service providers (collectively, the “Epic Oval15 Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Oval15 Party’s fault, tort delict (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Oval15 Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Oval15 Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic Oval15 for the Software (including any Game Currency or Content) Services during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 1 contract

Samples: oval15.com

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicBase Commerce, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, 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 Base Commerce 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, EpicBase Commerce, its licensors, and its and their affiliates make no warranty that (1) that the Software or Services Service will continuously operate properly, properly and without interruption (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, bug-free or error error-free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. 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. EpicBase Commerce, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpicBase Commerce, nor its licensors, nor its or their affiliates, nor any of EpicBase Commerce’s service providers (collectively, the “Epic Base Commerce Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic a Base Commerce Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic a Base Commerce Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Base Commerce Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic Base Commerce for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.twelve

Appears in 1 contract

Samples: End User License Agreement

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Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice The services (the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictionssite, the exclusions app and limitations below shall apply only to the extent permitted smart contracts) are provided by the laws of such jurisdictions. The Software (including any Game Currency us and Content) and Services is provided our webhost on an "as is” and "as available" basis. to the fullest extent permissible by applicable law, “with we disclaim all faults” implied warranties, including but not limited to, implied warranties of merchantability and without fitness for a particular purpose. Without limiting the foregoing, neither we nor any Game provider make any representation or warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, express or implied, oral, and written) with respect : ● As to the Software and Services, 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, Epic, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software services, or Services the information, content, materials or products included thereon; ● That use of the services will be uninterrupted100% secure, bug free, uninterrupted or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. 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. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free; ● As to the accuracy, virus-freereliability, or secure operation currency of any information, content, or service, provided through the services; or ● That the servers, or email sent from or on behalf of Game are free of viruses or other harmful components. Under no circumstances shall we or any Game provider be liable for any damages that result from the use of or inability to use the services, including but not limited to reliance by a user on any information obtained from the services or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the Software Game’s records, programs, or Servicesservices. This you hereby acknowledge that this paragraph will shall apply to all content, merchandise, and services available through the maximum extent permitted by applicable lawservices. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, Neither we nor any of Epic’s service providers (collectively, the “Epic Parties”), shall Game provider will be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, special or exemplary damages, consequential damages arising out from the use of or in connection with this Agreement the services or the Software (including purchase of any Game Currency product, real or Content) or Servicesvirtual, or the delay or inability to use or lack of functionality of the Software or Servicestherefrom, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, if we or otherwise and even if an Epic Party such Game provider has been advised of the possibility of such damages. Furtherunder no circumstances will Game be liable to you for more than the amount you have paid Game in the one hundred and eighty (180) days immediately preceding the date on which you first assert any such claim and if you have not paid any amounts during that time period, you acknowledge that your sole remedy shall be to cease using the maximum extent permitted by applicable lawservices and terminate your account. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights. You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages. You agree and acknowledge that our total, aggregate liability of the Epic Parties to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the site, the app and the smart contracts, whether in connection with this Agreement contract, tort, strict liability, or any other legal theory, is limited to the Software greater of (including any Game Currency or Contenta) or Services will not exceed the total amounts you have actually paid (if any) to Epic for the Software (including any Game Currency or Content) during us under these terms in the twelve (12) months immediately month period preceding the events giving rise date the claim arose You agree and acknowledge that we have made the site, the app and the smart contracts available to such liabilityyou and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. These limitations and exclusions regarding damages apply even if any remedy fails we would not be able to provide adequate compensation.the site, the app and the smart contracts to you without these

Appears in 1 contract

Samples: oxalus.io

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countriesThe Licensed Materials, statesCloud Service, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is Mods are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and ServicesLicensed Materials, Cloud Service, or Mods, 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, Epic, its licensors, and its and their affiliates make no warranty that (1) the Software Licensed Materials, Cloud Service, or Services Mods will operate properly, (2) that the Software Licensed Materials, Cloud Service, or Services Mods will meet your requirements, (3) that the operation of the Software Licensed Materials, Cloud Service, or Services Mods will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software Licensed Materials, Cloud Service, or Services Mods can or will be corrected. 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. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software Licensed Materials, Cloud Service, or ServicesMods. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s 's service providers (collectively, the "Epic Parties"), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesLicensed Materials, Cloud Service, or the delay or inability to use or lack of functionality of the Software or ServicesMods, even in the event of an Epic Party’s 's fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency Licensed Materials, Cloud Service, or Content) or Services Mods will not exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency or Content) under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. 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 foregoing limitations of liability shall apply only to the full extent permitted by law.

Appears in 1 contract

Samples: Unreal Tournament®

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer user of the Software or ServicesiKeyless Application. Some countries, states, provinces provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services iKeyless Application is provided on an “as is” and “as available” basis, basis “with all faults” and without warranty of any kind. EpiciKeyless, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and ServicesiKeyless Application, including including, without limitation 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 iKeyless 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, EpiciKeyless, its licensors, and its and their affiliates make no warranty that (1) the Software or Services iKeyless Application will operate properly, (2) that the Software or Services iKeyless Application will meet your requirements, (3) that the operation of the Software or Services iKeyless Application will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services iKeyless Application can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute statute, is expressly disclaimed. EpiciKeyless, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or ServicesiKeyless Application. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpiciKeyless, nor its licensors, nor its or their affiliates, nor any of EpiciKeyless’s service providers (collectively, the “Epic iKeyless Parties”), ) shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesiKeyless Application, or the delay or of, inability to use use, or lack of functionality of the Software or ServicesiKeyless Application, even in the event of an Epic iKeyless Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise otherwise, and even if an Epic iKeyless Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic iKeyless Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services iKeyless Application will not exceed the total amounts you have paid (if any) to Epic iKeyless for the Software (including any Game Currency or Content) iKeyless Application during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 1 contract

Samples: ® End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer user of the Software or ServicesiKeyless Application. Some countries, states, provinces provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services iKeyless Application is provided on an “as is” and “as available” basis, basis “with all faults” and without warranty of any kind. EpiciKeyless, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and ServicesiKeyless Application, including including, without limitation 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 iKeyless 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, EpiciKeyless, its licensors, and its and their affiliates make no warranty that (1) the Software or Services iKeyless Application will operate properly, (2) that the Software or Services iKeyless Application will meet your requirements, (3) that the operation of the Software or Services iKeyless Application will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services iKeyless Application can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute statute, is expressly disclaimed. EpiciKeyless, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or ServicesiKeyless Application. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpiciKeyless, nor its licensors, nor its or their affiliates, nor any of EpiciKeyless’s service providers (collectively, the “Epic iKeyless Parties”), ) shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesiKeyless Application, or the delay or of, inability to use use, or lack of functionality of the Software or ServicesiKeyless Application, even in the event of an Epic iKeyless Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise otherwise, and even if an Epic iKeyless Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic iKeyless Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services iKeyless Application will not exceed the total amounts you have paid (if any) to Epic iKeyless for the Software (including any Game Currency or Content) iKeyless Application during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.twelve

Appears in 1 contract

Samples: ® End User License Agreement

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