Last revised: June 11, 2019

 

LEPOZHDIAN END USER LICENSE AGREEMENT (EULA)

 

This end-user license agreement ("EULA") is a legal agreement between you (Either an individual or a single entity), the end user ("USER"), and Lepozhdian and its affiliates ("LEPOZHDIAN") which governs USER use of the software product.

The software product includes computer software owned by LEPOZHDIAN,

computer code, technology, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, all trademarks, trade names,  associated media, any printed materials, manuals, media, any on-line or electronic documentation owned by LEPOZHDIAN which are provided to USER or which USER may download or buy from LEPOZHDIAN website (“Lepozhdian.com)” or other source authorized by LEPOZHDIAN (collectively, "SOFTWARE PRODUCT") the property of LEPOZHDIAN

 

USER MUST AGREE TO THIS TERMS OF USE AGREEMENT BEFORE USING LEPOZHDIAN WEBSITE AND/OR USE SOFTWARE PRODUCT

 

Terms

By installing, copying, and/or otherwise using SOFTWARE PRODUCT, USER is agreeing to be bound by these EULA Terms and Conditions, all applicable laws and regulations, and agree that USER is responsible for compliance with any applicable local laws. If USER do not agree with any of these terms, USER is prohibited from using or accessing SOFTWARE PRODUCT.

 

USER personal information.

LEPOZHDIAN collects information on a voluntary basis. 

LEPOZHDIAN collects USER personal information when USER register on LEPOZHDIAN website. Information includes USER name, country of residence, E-mail. (collectively, "PERSONAL INFORMATION") LEPOZHDIAN use PERSONAL INFORMATION to send to USER information about SOFTWARE PRODUCT. LEPOZHDIAN may use third party services to send to USER information about SOFTWARE PRODUCT and LEPOZHDIAN does not control the activities on those third party services and cannot and does not guarantee the security of any PERSONAL INFORMATION disclosed on those third party services. LEPOZHDIAN is not responsible for disclosure by other USER or third party services of USER PERSONAL INFORMATION.

 

Ownership

It is hereby understood and agreed that LEPOZHDIAN is the owner of all right title and interest to SOFTWARE PRODUCT, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. USER, as licensee through USER downloading, installing, copying, use or modify of SOFTWARE PRODUCT do not acquire any ownership rights to SOFTWARE PRODUCT.

 

Materials

SOFTWARE PRODUCT provided on an ‘as is’ basis. LEPOZHDIAN makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. SOFTWARE PRODUCT could include technical, typographical, or photographic errors. LEPOZHDIAN does not warrant that any of SOFTWARE PRODUCT are accurate, complete or current. LEPOZHDIAN may make changes to the materials contained on LEPOZHDIAN website or in SOFTWARE PRODUCT at any time without notice USER. Further, LEPOZHDIAN does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on LEPOZHDIAN website or in SOFTWARE PRODUCT or otherwise relating to such materials on any other source linked to LEPOZHDIAN website.

Limitations and Indemnification

In no event shall LEPOZHDIAN or its authorized representative, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption or any other loss) arising out of the use or inability to use SOFTWARE PRODUCT, even if LEPOZHDIAN or LEPOZDHIAN authorized representative has been notified orally or in writing of the possibility of such damage. USER acknowledge that LEPOZHDIAN is not responsible directly or indirectly for any bodily, psychological or moral harm and property damage USER may experience while using SOFTWARE PRODUCT.

 

Use License

Permission is granted to temporarily download one copy of SOFTWARE PRODUCT from LEPOZHDIAN website for personal, non-commercial viewing only. USER may only use SOFTWARE PRODUCT for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. This is the grant of a license, not a transfer of title, and under this license USER may not:

  1. Reproduces, republish, upload, copy, transfer to another person or USER or any other source, distribute or sell SOFTWARE PRODUCT;
  2. Reverse engineer, disassemble, decompile, or translate any SOFTWARE PRODUCT computer software programs or otherwise attempt to derive the source code of SOFTWARE PRODUCT;
  3. Post, transmit, perform, display, distribute or sell, or in any other way exploit the SOFTWARE PRODUCT for any commercial purpose;
  4. Remove any copyright or other proprietary notations from SOFTWARE PRODUCT;
  5. Participate with or to encourage others USER or persons or organizations to engage in such acts.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

 

SOFTWARE PRODUCT 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. LEPOZHDIAN, 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, LEPOZHDIAN, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the SOFTWARE 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 this SOFTWARE PRODUCT, or will not revoke approval of this SOFTWARE 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 LEPOZHDIAN and Epic. LEPOZHDIAN, 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 LEPOZHDIAN, Epic, Epic’s licensors, nor its or their affiliates, nor any of LEPOZHDIAN 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 LEPOZHDIAN, Epic, Epic’s licensors, nor its or their affiliates, nor any of LEPOZHDIAN 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 LEPOZHDIAN, 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 LEPOZHDIAN, 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 LEPOZHDIAN, Epic, Epic’s licensors, its and their affiliates, and any of LEPOZHDIAN or Epic’s service providers shall be limited to the full extent permitted by law.

 

Amendments of this Agreement

LEPOZHDIAN may issue an amended EULA Agreement at any time in its discretion by posting the amended EULA Agreement on LEPOZHDIAN website with or without notice to USER or by providing USER with digital access to the amended EULA Agreement when USER next access SOFTWARE PRODUCT. It is USER responsibility to check this EULA Agreement regularly to determine whether the EULA Agreement has been modified. If any amendment to this EULA Agreement is not acceptable to USER, USER must stop using SOFTWARE PRODUCT. USER continued use of SOFTWARE PRODUCT will demonstrate USER acceptance of the amended Agreement.

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