EULA

Bandit Machine EULA
Yay Or Nay EULA
Happy New Year
hny

 

Happy New Year  
Copyright © 2017 MACH 2 Simulations LTD
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

LICENSE
By receiving, opening the file package, and/or using HAPPY NEW YEAR (“Software”) containing this software, you agree that this End 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 MACH 2 Simulations LTD your use of HAPPY NEW YEAR indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, MACH 2 Simulations LTD grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use HAPPY NEW YEAR  in accordance with this Agreement and any other written agreement with MACH 2 Simulations LTD. MACH 2 Simulations LTD does not transfer the title of HAPPY NEW YEAR  to you; the license granted to you is not a sale. This agreement is a binding legal agreement between MACH 2 Simulations LTD and the purchasers or users of YAY OR NAY.
If you do not agree to be bound by this agreement, remove HAPPY NEW YEAR  from your computer now and, if applicable, promptly return to MACH 2 Simulations LTD by mail any copies of HAPPY NEW YEAR  and related documentation and packaging in your possession.
2. DISTRIBUTION
HAPPY NEW YEAR  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 HAPPY NEW YEAR  contact MACH 2 Simulations LTD.
USER AGREEMENT
3. Use
Your license to use HAPPY NEW YEAR  is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of YAY OR NAY.
3.2 Use Restrictions
You shall use HAPPY NEW YEAR  in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of HAPPY NEW YEAR  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 HAPPY NEW YEAR  may be used on one single computer location by one user. Use of HAPPY NEW YEAR  means that you have loaded, installed, or run HAPPY NEW YEAR  on a computer or similar device. If you install HAPPY NEW YEAR  onto a multi-user platform, server or network, each and every individual user of HAPPY NEW YEAR  must be licensed separately.
You may make one copy of HAPPY NEW YEAR  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 YAY OR NAY. The assignment, sublicense, networking, sale, or distribution of copies of HAPPY NEW YEAR  are strictly forbidden without the prior written consent of MACH 2 Simulations LTD. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of YAY OR NAY. If any person other than yourself uses HAPPY NEW YEAR  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 YAY OR NAY. Nor can you create any derivative works or other works that are based upon or derived from HAPPY NEW YEAR  in whole or in part.
MACH 2 Simulations LTD’s name, logo and graphics file that represents HAPPY NEW YEAR  shall not be used in any way to promote products developed with HAPPY NEW YEAR  . MACH 2 Simulations LTD retains sole and exclusive ownership of all right, title and interest in and to HAPPY NEW YEAR  and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of YAY OR NAY, 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 MACH 2 Simulations LTD.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend MACH 2 Simulations LTD , 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 MACH 2 Simulations LTD’s Software.
In no event (including, without limitation, in the event of negligence) will MACH 2 Simulations LTD , 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, HAPPY NEW YEAR  or the use or inability to use HAPPY NEW YEAR  or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
MACH 2 Simulations LTD’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 MACH 2 Simulations LTD ) 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 MACH 2 Simulations LTD.
3.5 Warranties
Except as expressly stated in writing, MACH 2 Simulations LTD 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 Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom 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.
3.7 Termination
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 HAPPY NEW YEAR  and destroy all copies of HAPPY NEW YEAR  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 HAPPY NEW YEAR  AS WELL.
5. CONSENT OF USE OF DATA
You agree that MACH 2 Simulations LTD may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to YAY OR NAY. MACH 2 Simulations LTD may also use this information to provide notices to you which may be of use or interest to you.
Disclaimers and Limitation of Liability

  • HAPPY NEW YEAR  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. MACH 2 Simulations 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, MACH 2 Simulations LTD, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the YAY OR NAY, (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 YAY OR NAY, or will not revoke approval of this HAPPY NEW YEAR  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 MACH 2 Simulations LTD and Epic. MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of MACH 2 Simulations 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 MACH 2 Simulations 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 MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, its and their affiliates, and any of MACH 2 Simulations LTD ‘s or Epic’s service providers shall be limited to the full extent permitted by law.
     

     

     

    Bandit Machine
    Copyright © 2017 MACH 2 Simulations LTD
    *** END USER LICENSE AGREEMENT ***
    IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

    1. LICENSE
    By receiving, opening the file package, and/or using BANDIT MACHINE (“Software”) containing this software, you agree that this End 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 MACH 2 Simulations LTD your use of BANDIT MACHINE indicates your acceptance of this license agreement and warranty.
    Subject to the terms of this Agreement, MACH 2 Simulations LTD grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use BANDIT MACHINE in accordance with this Agreement and any other written agreement with MACH 2 Simulations LTD. MACH 2 Simulations LTD does not transfer the title of BANDIT MACHINE to you; the license granted to you is not a sale. This agreement is a binding legal agreement between MACH 2 Simulations LTD and the purchasers or users of YAY OR NAY.
    If you do not agree to be bound by this agreement, remove BANDIT MACHINE from your computer now and, if applicable, promptly return to MACH 2 Simulations LTD by mail any copies of BANDIT MACHINE and related documentation and packaging in your possession.
    2. DISTRIBUTION
    BANDIT MACHINE 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 BANDIT MACHINE contact MACH 2 Simulations LTD.
    USER AGREEMENT
    3. Use
    Your license to use BANDIT MACHINE is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of YAY OR NAY.
    3.2 Use Restrictions
    You shall use BANDIT MACHINE in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of BANDIT MACHINE 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 BANDIT MACHINE may be used on one single computer location by one user. Use of BANDIT MACHINE means that you have loaded, installed, or run BANDIT MACHINE on a computer or similar device. If you install BANDIT MACHINE onto a multi-user platform, server or network, each and every individual user of BANDIT MACHINE must be licensed separately.
    You may make one copy of BANDIT MACHINE 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 YAY OR NAY. The assignment, sublicense, networking, sale, or distribution of copies of BANDIT MACHINE are strictly forbidden without the prior written consent of MACH 2 Simulations LTD. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of YAY OR NAY. If any person other than yourself uses BANDIT MACHINE 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 YAY OR NAY. Nor can you create any derivative works or other works that are based upon or derived from BANDIT MACHINE in whole or in part.
    MACH 2 Simulations LTD’s name, logo and graphics file that represents BANDIT MACHINE shall not be used in any way to promote products developed with BANDIT MACHINE . MACH 2 Simulations LTD retains sole and exclusive ownership of all right, title and interest in and to BANDIT MACHINE and all Intellectual Property rights relating thereto.
    Copyright law and international copyright treaty provisions protect all parts of YAY OR NAY, 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 MACH 2 Simulations LTD.
    3.4 Limitation of Responsibility
    You will indemnify, hold harmless, and defend MACH 2 Simulations LTD , 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 MACH 2 Simulations LTD’s Software.
    In no event (including, without limitation, in the event of negligence) will MACH 2 Simulations LTD , 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, BANDIT MACHINE or the use or inability to use BANDIT MACHINE or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
    MACH 2 Simulations LTD’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 MACH 2 Simulations LTD ) 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 MACH 2 Simulations LTD.
    3.5 Warranties
    Except as expressly stated in writing, MACH 2 Simulations LTD 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 Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom 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.
    3.7 Termination
    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 BANDIT MACHINE and destroy all copies of BANDIT MACHINE 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 BANDIT MACHINE AS WELL.
    5. CONSENT OF USE OF DATA
    You agree that MACH 2 Simulations LTD may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to YAY OR NAY. MACH 2 Simulations LTD may also use this information to provide notices to you which may be of use or interest to you.
    Disclaimers and Limitation of Liability

    BANDIT MACHINE 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. MACH 2 Simulations 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, MACH 2 Simulations LTD, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the YAY OR NAY, (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 YAY OR NAY, or will not revoke approval of this BANDIT MACHINE 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 MACH 2 Simulations LTD and Epic. MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of MACH 2 Simulations 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 MACH 2 Simulations 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 MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, its and their affiliates, and any of MACH 2 Simulations LTD ‘s or Epic’s service providers shall be limited to the full extent permitted by law.

    YAY OR NAY
    Copyright © 2017 MACH 2 Simulations LTD
    *** END USER LICENSE AGREEMENT ***
    IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

    1. LICENSE
    By receiving, opening the file package, and/or using YAY OR NAY (“Software”) containing this software, you agree that this End 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 MACH 2 Simulations LTD your use of YAY OR NAY indicates your acceptance of this license agreement and warranty.
    Subject to the terms of this Agreement, MACH 2 Simulations LTD grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use YAY OR NAY in accordance with this Agreement and any other written agreement with MACH 2 Simulations LTD. MACH 2 Simulations LTD does not transfer the title of YAY OR NAY to you; the license granted to you is not a sale. This agreement is a binding legal agreement between MACH 2 Simulations LTD and the purchasers or users of YAY OR NAY.
    If you do not agree to be bound by this agreement, remove YAY OR NAY from your computer now and, if applicable, promptly return to MACH 2 Simulations LTD by mail any copies of YAY OR NAY and related documentation and packaging in your possession.
    2. DISTRIBUTION
    YAY OR NAY 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 YAY OR NAY contact MACH 2 Simulations LTD.
    USER AGREEMENT
    3. Use
    Your license to use YAY OR NAY is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of YAY OR NAY.
    3.2 Use Restrictions
    You shall use YAY OR NAY in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of YAY OR NAY 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 YAY OR NAY may be used on one single computer location by one user. Use of YAY OR NAY means that you have loaded, installed, or run YAY OR NAY on a computer or similar device. If you install YAY OR NAY onto a multi-user platform, server or network, each and every individual user of YAY OR NAY must be licensed separately.
    You may make one copy of YAY OR NAY 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 YAY OR NAY. The assignment, sublicense, networking, sale, or distribution of copies of YAY OR NAY are strictly forbidden without the prior written consent of MACH 2 Simulations LTD. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of YAY OR NAY. If any person other than yourself uses YAY OR NAY 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 YAY OR NAY. Nor can you create any derivative works or other works that are based upon or derived from YAY OR NAY in whole or in part.
    MACH 2 Simulations LTD’s name, logo and graphics file that represents YAY OR NAY shall not be used in any way to promote products developed with YAY OR NAY . MACH 2 Simulations LTD retains sole and exclusive ownership of all right, title and interest in and to YAY OR NAY and all Intellectual Property rights relating thereto.
    Copyright law and international copyright treaty provisions protect all parts of YAY OR NAY, 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 MACH 2 Simulations LTD.
    3.4 Limitation of Responsibility
    You will indemnify, hold harmless, and defend MACH 2 Simulations LTD , 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 MACH 2 Simulations LTD’s Software.
    In no event (including, without limitation, in the event of negligence) will MACH 2 Simulations LTD , 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, YAY OR NAY or the use or inability to use YAY OR NAY or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
    MACH 2 Simulations LTD’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 MACH 2 Simulations LTD ) 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 MACH 2 Simulations LTD.
    3.5 Warranties
    Except as expressly stated in writing, MACH 2 Simulations LTD 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 Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom 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.
    3.7 Termination
    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 YAY OR NAY and destroy all copies of YAY OR NAY 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 YAY OR NAY AS WELL.
    5. CONSENT OF USE OF DATA
    You agree that MACH 2 Simulations LTD may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to YAY OR NAY. MACH 2 Simulations LTD may also use this information to provide notices to you which may be of use or interest to you.
    Disclaimers and Limitation of Liability

    YAY OR NAY 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. MACH 2 Simulations 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, MACH 2 Simulations LTD, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the YAY OR NAY, (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 YAY OR NAY, or will not revoke approval of this YAY OR NAY 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 MACH 2 Simulations LTD and Epic. MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of MACH 2 Simulations 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 MACH 2 Simulations LTD, Epic, Epic’s licensors, nor its or their affiliates, nor any of MACH 2 Simulations 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 MACH 2 Simulations 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 MACH 2 Simulations 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.
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