Copyright (c) 2022 CANDYMAKERS SRLS
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using SURV1V3(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by CANDYMAKERS SRLS your use of SURV1V3 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, CANDYMAKERS SRLS grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use SURV1V3 in accordance with this Agreement and any other written agreement with CANDYMAKERS SRLS. CANDYMAKERS SRLS does not transfer the title of SURV1V3 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between CANDYMAKERS SRLS and the purchasers or users of SURV1V3.
If you do not agree to be bound by this agreement, remove SURV1V3 from your computer now and, if applicable, promptly return to CANDYMAKERS SRLS by mail any copies of SURV1V3 and related documentation and packaging in your possession.
SURV1V3 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of SURV1V3 contact CANDYMAKERS SRLS.
3. USER AGREEMENT
Your license to use SURV1V3 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of SURV1V3.
3.2 Use Restrictions
You shall use SURV1V3 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of SURV1V3 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of SURV1V3 may be used on one single computer location by one user. Use of SURV1V3 means that you have loaded, installed, or run SURV1V3 on a computer or similar device. If you install SURV1V3 onto a multi-user platform, server or network, each and every individual user of SURV1V3 must be licensed separately.
You may make one copy of SURV1V3 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of SURV1V3 . The assignment, sublicense, networking, sale, or distribution of copies of SURV1V3 are strictly forbidden without the prior written consent of CANDYMAKERS SRLS. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of SURV1V3. If any person other than yourself uses SURV1V3 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SURV1V3. Nor can you create any derivative works or other works that are based upon or derived from SURV1V3 in whole or in part.
CANDYMAKERS SRLS’s name, logo and graphics file that represents SURV1V3 shall not be used in any way to promote products developed with SURV1V3 . CANDYMAKERS SRLS retains sole and exclusive ownership of all right, title and interest in and to SURV1V3 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of SURV1V3, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for CANDYMAKERS SRLS.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend CANDYMAKERS SRLS , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of CANDYMAKERS SRLS’s Software.
In no event (including, without limitation, in the event of negligence) will CANDYMAKERS SRLS , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SURV1V3 or the use or inability to use SURV1V3 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
CANDYMAKERS SRLS’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by CANDYMAKERS SRLS ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to CANDYMAKERS SRLS.
Except as expressly stated in writing, CANDYMAKERS SRLS makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of SURV1V3 and destroy all copies of SURV1V3 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SURV1V3 AS WELL.
5. CONSENT OF USE OF DATA
You agree that CANDYMAKERS SRLS may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to SURV1V3.CANDYMAKERS SRLS may also use this information to provide notices to you which may be of use or interest to you.
6. UNREAL® ENGINE Disclaimers and Limitation of Liability
SURV1V3 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. Candymakers s.r.l.s, 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, Candymakers s.r.l.s, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the SURV1V3, (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 SURV1V3, or will not revoke approval of this SURV1V3 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 Candymakers s.r.l.s and Epic. Candymakers s.r.l.s, 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 Candymakers s.r.l.s, Epic, Epic’s licensors, nor its or their affiliates, nor any of Candymakers s.r.l.s ‘s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Candymakers s.r.l.s, Epic, Epic’s licensors, nor its or their affiliates, nor any of Candymakers s.r.l.s ‘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 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 Candymakers s.r.l.s ‘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 Candymakers s.r.l.s, 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 Candymakers s.r.l.s, Epic, Epic’s licensors, its and their affiliates, and any of Candymakers s.r.l.s ‘s or Epic’s service providers shall be limited to the full extent permitted by law.