END USER LICENSE AGREEMENT
Last Updated: September 3, 2020
This document may be updated from time to time and the current version will be posted at www.wevr.com/EULA. Your continued use of the Game (as defined below) after a revised version has been posted constitutes acceptance by you of its terms. You are responsible for checking this document periodically for changes. Your use of the Game is subject to this end user license agreement (the “Agreement”) and the terms set forth below. For the purposes of this Agreement, all references to the “Game” include Gnomes & Goblins and all related software, the accompanying manual(s), related packaging and other written, files, electronic or online materials or documentation, any and all copies of the same, including any updates thereto. By opening the Game, installing, and/or using the game and any of the related software and materials, you hereby accept the terms of this Agreement with Wevr, Inc. (“Licensor”).
THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
NOTICE TO MINORS AND PARENTS:
I. Licensing and Ownership of Intellectual Property
1. Grant of License
Subject to this Agreement and its terms and conditions, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay, unless otherwise specified in the Game documentation. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or Licensor’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Game. All rights not specifically granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
a. WEVR Properties. You agree that Licensor owns all rights, title and interest in the Game, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Game. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Game. The Game may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the Game in any manner or medium will be willfully violating the copyright laws and the terms of this Agreement and may be subject to civil and criminal penalties in the United States or their local jurisdictions. The Game contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
b. Trademarks. Licensor’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Game are the trademarks of Licensor and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Game are the property of their respective owners.
You agree not to:
a. Commercially exploit the Game;
b. Distribute, lease, license, sell, rent or otherwise transfer or assign the Game, or any copies of the Game, without the express prior written consent of Licensor or as set forth in this Agreement;
c. Make a copy of the Game or any part thereof (other than as set forth herein);
d. Making a copy of the Game available on a network for use or download by multiple users;
e. Except as otherwise specifically provided by the Game or this Agreement, use or install the Game (or permit others to do same) on a network, for online use, or on more than one computer or gaming unit at the same time;
f. Use or copy the Game at a computer gaming center or any other location-based site; provided, that Licensor may offer you a separate site license agreement to make the Game available for commercial use;
g. Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Game, in whole or in part;
h. Remove or modify any proprietary notices, marks or labels contained on or within the Game;
i. Use the Game to in any way transmit any file that contains a virus, corrupted data, Trojan horse, keystroke logger, worm, time bomb, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, date or personal information;
j. Use the Game to in any way transmit content or data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may be invasive of another’s right of privacy or publicity;
k. Use the Game or any related content, items or data contained therein to develop a competitive game; or
l. Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Game by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
The Game is intended for private non-commercial use only.
4. Technical Protections
The Game may include measures to control access to the Game, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Game permits access to additional online features, only one copy of the Game may access those features at one time (unless otherwise provided in the Game documentation). Additional terms and registration may be required to access online services and to download updates and patches to the Game. Only copies of the Game subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Game will not function properly.
5. User Content
The Game may allow you to create content, including but not limited to a gameplay map, a scenario, screenshot of game play or a video of your game play. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright or other intellectual property interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, will survive any termination of this Agreement.
6. Suggestions and Feedback
Any and all creative suggestions, ideas, notes, drawings, concepts, feedback or other information that you provide to the Licensor (collectively, “Submissions”) are deemed to be the property of the Licensor and the Licensor will own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, worldwide and in perpetuity, and you hereby assign to the Licensor all such intellectual property rights to the extent owned by you. In the event that any of the Submissions are not assignable, you agree that the Licensor is irrevocably, throughout the world and in perpetuity, entitled to use reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, creative derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission, including sublicensing any third party to do any or all of the foregoing. You agree, at the Licensor’s request, to execute such further documents and do such further acts as may be necessary or desirable to document or enforce the Licensor’s ownership of the Submissions, including, without limitation, execution of a copyright assignment in a form provided by the Licensor in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint the Licensor as your attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file any such documents as may be necessary or desirable.
7. Internet Connection
The Game may require an internet connection to access internet-based features, authenticate the Game, provide updates or patches from time to time, or perform other functions. In order for certain features of the Game to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Game documentation, including but not limited to the HTC Viveport, Oculus, Steam, Humble, Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Game may not operate or may cease to function properly, either in whole or in part.
8. Updates and Evolution of Game
From time to time, without prior notice, Licensor may in its sole discretion add new features to the Game, remove existing features from the Game, provide patches, updates or otherwise modify the Game. We may provide updates that must install on your computer or gaming system in order for you to access and use the Game. You hereby consent to the Licensor remotely installing updates to the Game on your computer or gaming system, without further notice. You understand that the Game, and the system specifications necessary to play the Game, may continuously evolve over time as the result of patches and updates to the Game. The Licensor reserves the right to modify or increase the system specifications necessary to play the Game at any time and without notice. You are responsible for purchasing any necessary additional technology, systems or services in order to access and play the Game.
II. Information Collection & Usage
III. Limitations of Liability
1. Disclaimer of Liability
NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE GAME OR IN RESPECT OF THE GAMES FITNESS FOR ANY INTENDED PURPOSE. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
IV. Health and Safety Precautions
The below should be reviewed before use of the Game. If the Game will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury or death.
The Game should not be used by children under the age of 13, as this is a critical period in visual development. Adults should monitor children (age 13 and older) who are using or have used the Game for any of the symptoms described above, and should limit the time children spend using the Game and ensure that they take breaks during use. Prolonged use should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the Game for any decrease in these abilities.
2. Epileptic Seizure Warning
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Parents and guardians should watch their children while playing the Game. Stop playing the Game and consult a doctor if you or your child has any of the following symptoms:
● Eye or muscle twitching;
● Loss of consciousness or awareness;
● Altered vision;
● Involuntary movements; or
The Licensor is not liable for any death, injury or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
3. Motion Sickness
Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
4. Repetitive Motion Injuries and Eye Strain
Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eye strain:
● Avoid excessive play;
● Adults should monitor children for appropriate play;
● Take a 10 to 15 minute break every 30 minutes while playing the Game;
● If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
● If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
5. Play Area Precautions
Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game you will be moving around the play area and using your hands to gesture and control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, objects, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. A minimum 6ft by 6ft unobstructed play area is recommended for Users safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game. As the Game is an immersive virtual reality experience, you may not be able to fully see or hear your surroundings while playing the Game, so necessary precautions should be taken to ensure the safety of yourself and those around you while you or your family members are using the Game. Before playing the Game, please take a moment to ensure that the play area and surrounding space is safe and free of potential hazards. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. Users should not use the Game if their awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses. The Licensor is not liable for any damage to property, injury or death that may occur as the result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
V. Term & Termination
The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use the Wevr Properties, unless terminated earlier in accordance with the Agreement.
If you have materially breached any provision of the Agreement, if we are required to do so by law (e.g., where the provision of the Game is, or becomes, unlawful, for instance, if we receive an notice of a claim that the Game is infringing the rights of a third party), or if we choose to discontinue the Game (in part or in whole), we have the right to, immediately and without notice, suspend or terminate the Game provided to you. If we become aware of any possible violations by you of the Agreement, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Agreement; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials related to the Game in our possession in connection with your use of the Game, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of Licensor, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.
3. Effect of Termination
Upon termination of this Agreement, your right to use the Game will automatically terminate immediately. Licensor will not have any liability whatsoever to you for any suspension or termination, including for deletion of the Game. All provisions of the Agreement which by their nature should survive, shall survive termination of the Agreement, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Wevr, Inc. may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.
You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of the Agreement.
1. International Users
The Game can be accessed from countries around the world and may contain references to other content from Licensor that is not available in your country. These references do not imply that Licensor intends to introduce such content in your country. The Game is controlled and offered by Licensor from its facilities in the United States of America. Licensor makes no representations that the Game is appropriate or available for use in other locations. Those who access or use the Game from other jurisdictions do so at their own volition and are responsible for compliance with local law.
2. General Provisions
a. Electronic Communications. The communications between you and Licensor use electronic means, whether you visit the Game or send Licensor e-mails, or whether Licensor posts notices on WEVR Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Licensor in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Licensor provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
b. Release. You hereby release Licensor and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from third parties of any kind arising in connection with or as a result of the Agreement or your use of WEVR Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.
c. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Licensor’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
d. Force Majeure. Lice sor shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
e. Compliance. If you believe that Licensor has not adhered to the Agreement, please contact Licensor by emailing us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
f. Limitations Period. YOU AND WEVR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT OR WEVR PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
g. Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.
h. Notice. Where Licensor requires that you provide an e-mail address, you are responsible for providing Licensor with your most current e-mail address. In the event that the last e-mail address you provided to Licensor is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Licensor’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Licensor at the following address: WEVR, Inc., 1001 Wilshire Boulevard #1028, Los Angeles, CA 90017, Attn: Legal Department. Such notice shall be deemed given when received by Licensor by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
i. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
j. Severability. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
k. Export Control. You may not use, export, import, or transfer WEVR Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained WEVR Properties, and any other applicable laws. In particular, but without limitation, WEVR Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using WEVR Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use WEVR Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by WEVR are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer WEVR products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
l. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
m. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
3. Unreal® Engine Disclaimers and Limitation of Liability
Game 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. Licensor, 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, Licensor, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (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 Game, or will not revoke approval of this Game 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 Licensor and Epic. Licensor, 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 Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’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 Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’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 Licensor’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 Licensor, 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 Licensor, Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers shall be limited to the full extent permitted by law.