The terms of this agreement ("the Terms") govern the relationship between you and Damage State Ltd regarding your use and/or accessing of Damage State’s Pandemic Panic! product and related services ("the Services"). By accessing or using the Services you accept and agree to these terms and conditions.
The Services belong to Damage State Ltd ("Damage State" or “the Company”) and they and their contents are protected by copyright and all other relevant Intellectual Property Rights. Reproduction of any part or parts of the Services or any of their contents is only allowed (a) in accordance with these Terms and Conditions or (b) with the prior written permission of Damage State.
Subject to the Terms, Damage State grants you a limited, non-exclusive, non-transferrable and revocable licence to access the Services and their contents; and to download information contained to a single personal computer solely for personal and non-commercial use and you agree not to use the Services for any other purpose. You may not modify any such content or make use of it for any purpose other than that which Damage State allows you to do.
3. Conduct & Confidentiality
By accessing the Services you agree that you:-
(a) will only use the Services and their content for lawful purposes;
(b) will not do anything which interferes with any other user of the Services;
(c) will not create, upload or post any material on to the Services which is contrary to public policy, immoral, indecent, threatening, obscene, defamatory, libellous or racially, sexually, religiously or otherwise objectionable or offensive;
(d) will not create, upload or post on to the Services any material which would breach the Intellectual Property Rights of anyone else;
(e) shall only use the Services for personal and non-commercial purposes;
(f) have a valid account on the services provider through which you connect to the Services.
(g) shall comply with the terms of service/use of the service as well as the Terms.
(h) the foregoing provisions in respect of Confidential Information endure without limit of time.
4. Availability and Updates
4.1 Damage State excludes any representation or warranty that the content of the Services will be accurate, complete or current nor does it warrant that the Services and/or their contents will be uninterrupted or error-free.
4.2 The Services are evolving and you accept that updates to the Services may be made from time to time with or without notifying you. You may need to update third-party software from time to time in order to receive the Services.
By accessing the Services you agree to abide by these terms and conditions and if you do not Damage State has the right to block, suspend or terminate access with or without notice to you. If your use of the Services requires you to open an account you will provide all details required by Damage State or the service provider which will be correct in all material circumstances. You shall be solely liable to maintain the integrity of any password and account details you use in connection with your accessing the Services and their content and will be solely liable for any unauthorised use by anybody else which causes problems for you or for any other user of the Services or their content if there is no fault of Damage State.
7. Amendments to Terms
Damage State will put a notice on its website of any changes occurring in relation to the Terms and shall leave it on the website for not less than 30 days. The Terms will indicate when they were last updated.
8. Termination of Service
Damage State reserves the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily at which point your licence to use the Services or any part thereof will be automatically terminated or suspended.
9. Limitation of Liability
9.1 Damage State is not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your accessing the Services or their content. The only remedy to which you are entitled is to cease accessing the Services and their content. You fully indemnify Damage State and its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, from any and all claims or demands resulting from your accessing the Services and their content.
9.2 By accessing the Services you agree that the use thereof is entirely at your own risk and that the Services are provided without any representation, term, condition or warranty of any kind, but not limited to warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent any such exclusions are prohibited under any applicable law) either expressed or implied (or whether implied by law, custom or otherwise) in respect of the Services and their contents.
10. Applicable Law
The Law of Scotland shall apply to the Terms and if there is any dispute the matter shall be subject to the exclusive jurisdiction of the Scottish Courts and by accessing the Services you agree to submit to the jurisdiction of the Scottish Courts.
Further Disclaimers and Limitation of Liability
Pandemic Panic! 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.
Damage State Ltd, 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, Damage State Ltd, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Pandemic Panic! (this product), (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 Pandemic Panic! (this product), or will not revoke approval of Pandemic Panic! (this product) 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 Damage State Ltd and Epic. Damage State Ltd, 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 Damage State Ltd, Epic, Epic’s licensors, nor its or their affiliates, nor any of Damage State Ltd'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 Damage State Ltd, Epic, Epic’s licensors, nor its or their affiliates, nor any of Damage State Ltd'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 Damage State Ltd'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 Damage State Ltd, 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 Damage State Ltd, Epic, Epic’s licensors, its and their affiliates, and any of Damage State Ltd's or Epic’s service providers shall be limited to the full extent permitted by law.