IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a legal agreement between either you as an individual or the entity you represent (“You” or “Your”), and the developers (“MADHOUSE SOFTWARE”) of this product, with regard to the copyrighted software (“ZEscape” , “Software” or “SOFTWARE PRODUCT”) provided with this EULA. If you do not agree with the terms of this EULA, do not download, install, copy or use the software. By installing, copying or otherwise using ZEscape, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, MADHOUSE SOFTWARE is unwilling to license ZEscape to you.
ZEscape is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. ZEscape is licensed, not sold.
End User Agreement (EULA)
Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution or installation of this copy of “ZEscape” indicates your acceptance of this License.
SOFTWARE PRODUCT here means Software, image files, all accompanying files, data and materials received with your copy of “ZEscape”.
If you do not agree to any of the terms of this License, then do not install, distribute or use the SOFTWARE PRODUCT.
Warranty does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This software is available for license solely to software owners, with no right of duplication or further distribution, licensing, or sub-licensing.
MADHOUSE SOFTWARE grants to you a personal, non-transferable and non-exclusive right to use the copy of the SOFTWARE PRODUCT provided with this EULA.
You agree you will not copy the software except as necessary to use it on a single computer.
You agree that you may not copy the written materials accompanying the software. Modifying, translating, renting, copying,
transferring or assigning all or part of the software, or any rights granted hereunder, to any other persons and removing any proprietary notices,
labels or marks from the software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the software.
You may not transfer this software.
This SOFTWARE PRODUCT is for personal use only. All components accompanying the software are copyrighted by MADHOUSE SOFTWARE and may not be taken apart, modified, used or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.
This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed “AS IS” and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of MADHOUSE SOFTWARE will be limited exclusively to refund of purchase price. In addition, in no event shall MADHOUSE SOFTWARE, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of the SOFTWARE PRODUCT.
In addition, in no event does MADHOUSE SOFTWARE authorize you to use this SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT ‘s failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold MADHOUSE SOFTWARE harmless from any claims or losses relating to such unauthorized use.
MADHOUSE SOFTWARE is allowed to terminate the license at any time for any reason and without notice to you.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of SWEDEN OR STATE.
MADHOUSE SOFTWARE the owner of the copyright of this SOFTWARE PRODUCT, all of its derivatives, title and accompanying materials are the exclusive property of MADHOUSE SOFTWARE. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by MADHOUSE SOFTWARE. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by MADHOUSE SOFTWARE herein.
You may not disclose to other persons the data or techniques relating to this SOFTWARE PRODUCT that you know or should know that it is a trade secret of MADHOUSE SOFTWARE in any manner that will cause damage to MADHOUSE SOFTWARE.
This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any SWEDISH, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold MADHOUSE SOFTWARE harmless from any claims resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.
This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the SOFTWARE PRODUCT.
We may update this EULA by notice on our website (www.torbjorngustafsson.se)(www.madhousesoftware.se)(www.zescape.net), by including the updated EULA in a Software update or by posting it here. Such variation will be effective upon posting those notifications and changes on the Website,or your installing the Software update, without further notice to you.
Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
Disclaimers and Limitation of Liability
ZEscape 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. Madhouse Software, 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, Madhouse Software, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the ZEscape, (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 ZEscape, or will not revoke approval of this ZEscape 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 Madhouse Software and Epic. Madhouse Software, 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 Madhouse Software, Epic, Epic’s licensors, nor its or their affiliates, nor any of Madhouse Software’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 Madhouse Software, Epic, Epic’s licensors, nor its or their affiliates, nor any of Madhouse Software’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 Madhouse Software’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 Madhouse Software, 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 Madhouse Software, Epic, Epic’s licensors, its and their affiliates, and any of Madhouse Software’s or Epic’s service providers shall be limited to the full extent permitted by law.
MADHOUSE SOFTWARE’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the software, if any. In no event shall MADHOUSE SOFTWARE or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if MADHOUSE SOFTWARE or its supplier has been advised of the possibility of such damages, or any claim by a third party. In no event shall MADHOUSE SOFTWARE or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this ‘MADHOUSE SOFTWARE’ product, even if MADHOUSE SOFTWARE has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnification By You:
If you distribute the software in violation of this Agreement, you agree to indemnify, hold harmless and defend MADHOUSE SOFTWARE and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the software in
violation of this Agreement.
ZEscape, Copyright (c) 2014-2020, Madhouse Software. All rights reserved.
ZEscape uses the Unreal® engine. Unreal® is a trademark or registered trademark of Epic Games,
Inc. in the United States of America and elsewhere.
Unreal® Engine, Copyright 1998-2020, Epic Games, Inc. All rights reserved.
