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  • PUBG and Fortnite – The Drama Continues - General Columns


    Pay close attention to 14:, and 17: a, b c, and d.
    The second PUBG tries any legal action, PUBG no longer exists.

    14. Disclaimers and Limitation of Liability

    The Licensed Technology, the Marketplace, and all other materials and information provided by Epic (the “Epic Materials”) are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensors, and its and their 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 that 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, Epic, its licensors, and its and their affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in any 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 will approve any of your Products, or will not revoke approval of any 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. Epic, its licensors, and its and their 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 Epic, its licensors, nor its or their affiliates, nor any of 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 Epic, its licensors, nor its or their affiliates, nor any of 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 Epic’s or its affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Epic or its 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 those states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by law.

    15. Indemnity

    You agree to indemnify, pay the defense costs of, and hold Epic, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement (including, without limitation, any Distribution or sublicensing of the Licensed Technology in violation of this Agreement) or negligence by you, (b) any claim brought by any third party to whom you Distribute or sublicense the Licensed Technology in violation of this Agreement (including without limitation any claim that the Licensed Technology infringes a patent), (c) any claim that any Product or any other matter you created, or your exercise of the Epic Licenses, infringes any third party’s intellectual property rights or other proprietary or personal rights (except to the extent of any claim that your authorized use of unmodified Engine Code or Content originally provided to you by Epic under this Agreement infringes any United States patent, trademark or copyright), or (d) any federal, state, or foreign civil or criminal actions related to any Product. You agree to reimburse Epic on demand for any defense costs incurred by Epic and any payments made or loss suffered by Epic, whether in a court judgment or settlement, based on any matter covered by this Section 15.

    If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.

    17. Term and Termination

    A. Term of the License. This Agreement will continue in effect unless terminated as described below.

    B. Termination by Epic. Epic may terminate the Agreement by providing written notice if you materially breach any provision of this Agreement and the breach is not curable or, if it is curable, you fail to cure the breach within thirty (30) days of notice of the breach from Epic. Without limiting the foregoing, your failure to make any payment due under this Agreement or breach of any restriction under the Epic Licenses constitutes a material breach of this Agreement.

    C. Termination for Patent Action. The Agreement will terminate automatically as of the date you commence any claim that the Licensed Technology infringes a patent, or otherwise support any claim by a third party that the Licensed Technology infringes a patent.

    D. Effect of Termination. Upon any termination, the Epic Licenses will automatically terminate, you may no longer exercise any of the rights granted to you by the Epic Licenses, and you must destroy all copies of the Licensed Technology in your possession and cease distributing any Products developed under this Agreement. Within 30 days of termination, unless otherwise agreed by Epic, you must destroy all Products in your inventory.
  • Direct Relief for Houston - Calling All Guardians - Destiny 2 - MMORPG.com



    They have been raising funds for all sorts of things over the last several years...
    but this is a publicity stunt....

    What the hell is wrong with you people?
  • Dear MMORPGs... Fix Your Management and Hire People With Brains

    Vardahoth said:
    Quizzical said:
    They are downtimes of two independent things with different albeit overlapping time intervals and were announced three days apart.  I don't see what the big deal here is.
    And it's not possible to merge/update a task on an already posted announcement?
    Just take it on the chin, humility is a virtue.
  • Party Hearty with Rockstar Energy Drinks & Pop-Tarts - Destiny 2 - MMORPG.com

    Let me get right on that, diabetes !

    I think physical copies come with 2 free insulin shots and a 30 days subscription to Obamacare.
  • Intel's New i9 Skylake Processor Lineup and Specs Leak

    Ozmodan said:
    After looking at the pricing and the specs I am not impressed one bit.  If that is their answer to Ryzen then it is worth a good ROFL.  And again we need a new chipset to run them.  My bet is that since the current i7 run too hot for my taste, these will too.

    I just got an order for 12 1800x workstations from a customer.  The business people know.
    I returned my 7700k 10 days after I bought it, when Al Gore sent me hate mail for my contributing to global warming. Having to de-lid a brand new processor and apply liquid metal to attain sub boiling temperatures at base clock speed is worth a good ROFL, considering my 4790k is overclocked to 4.6ghz and stays below 70 degrees C under full load with the exact same Noctua thermal paste and cooling system.

    I can only imagine that you'll need a fireman's suite to run these new intel chips.