Disclaimers and Limitation of Liability
Finders Reapers 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.
Mosquito Cocktail 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, Mosquito Cocktail Ltd, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Finders Reapers (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 Finders Reapers (this product), or will not revoke approval of Finders Reapers (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 Mosquito Cocktail Ltd and Epic. Mosquito Cocktail 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 Mosquito Cocktail Ltd, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mosquito Cocktail 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 Mosquito Cocktail Ltd, Epic, Epic’s licensors, nor its or their affiliates, nor any of Mosquito Cocktail 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 Mosquito Cocktail 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 Mosquito Cocktail 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 Mosquito Cocktail Ltd, Epic, Epic’s licensors, its and their affiliates, and any of Mosquito Cocktail Ltd's or Epic’s service providers shall be limited to the full extent permitted by law.
The terms of this agreement ("the Terms") govern the relationship between you and Mosquito Cocktail Ltd regarding your use and/or accessing of Mosquito Cocktail’s Finders Reapers 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 Mosquito Cocktail Ltd ("Mosquito Cocktail" 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 Mosquito Cocktail.
Mosquito Cocktail 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.
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.
Mosquito Cocktail 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.
Mosquito Cocktail 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 Mosquito Cocktail 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.