End User License Agreement for Katastrogon 3D: The Aeolian Order for Apple Devices
This copy of Katastrogon 3D: The Aeolian Order (“K3D” or “Software Product”), which includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”), and any accompanying associated code, media, printed materials, and “online” or electronic documentation is licensed and not sold. This End User License Agreement (EULA) is a legal agreement between the Licensee (either an individual or a single entity hereinafter “you” or “your”) and SP Entertainment (“SP Ent”) who owns intellectual property rights in the Software Product. This EULA is concluded between SP Ent and you, and not with Apple, and SP Ent, not Apple, is solely responsible for the Licensed Application and the content thereof.
By installing, copying, or otherwise using K3D, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use K3D.
SOFTWARE PRODUCT LICENSE
K3D is being distributed free for personal non-commercial use only and is non-transferrable. This agreement entitles you to install and use an unlimited number of copies of the Software Product on any Apple-branded products running Mac OS X (“Mac Computer”), and any iOS, or tvOS Device you own or control. In addition, you may make an unlimited number of archival copies of the Software Product. The archival copies may only be used for the reinstallation of the Software Product.
Reproduction and Distribution
You may not reproduce or distribute copies of the Software Product for any purposes either personal or commercial. You may not assign your rights and obligations under this EULA, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product, without first obtaining permission from SP Ent in writing.
Restrictions on Use, Alteration, and Copying
You may not decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not copy, change, or alter (add, delete or modify) any resources or libraries included with the Software Product. You may not modify the Software Product or create any derivative works of the Software Product or its accompanying resources, including but not limited to translations, without the express consent of SP Ent
Update and Maintenance
K3D upgrades and updates are being provided FREE of charge and are subject to this EULA.
SP Ent is solely responsible for providing any applicable maintenance and support for the software product. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software Product.
Without prejudice to any other rights, SP Ent may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.
All titles and copyrights in and to K3D (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by SP Ent or their respective owners. K3D is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material. Apple will not be responsible for any third party claim that the Software Product infringes on a third party’s intellectual property rights.
Third Party Beneficiary
Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
WARRANTY AND LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SP ENT, ITS PARTNERS, AND LICENSORS, SP ENT, ITS PARTNERS, AND LICENSORS DISCLAIM ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. SP ENT, ITS PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. SP ENT, ITS PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SP ENT, ITS PARTNERS, AND LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER INFORMATION STORAGE DEVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
UNDER NO CIRCUMSTANCES SHALL SP ENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SP ENT OR ANY OTHER PARTY, EVEN IF SP ENT OR ANY OTHER PARTY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES AND KNOWN EFFECTS. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SP ENT'S, ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. YOU AGREE TO INDEMNIFY AND HOLD SP ENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HARMLESS FROM ALL CLAIMS, JUDGEMENTS, LIABILITIES, EXPENSES, OR COSTS ARISING FROM YOUR BREACH OF THIS AGREEMENT AND/OR ACTS OF OMMISSION.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable law, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.