Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGE- MENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURA- CY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLU- SIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAM- AGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PER- SON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARIS- ING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFT- WARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAM- AGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.

CHOICE OF LAW AND VENUE

This EULA is governed by the laws of the United States of America and the State of New York, exclusive of its conflicts of law provisions. The exclusive venue for litigation regarding or aris- ing from this EULA is New York County, New York and you agree to submit to the Jurisdiction of the courts of New York County, New York for any such litigation.

MISCELLANEOUS

If any provision or portion of this EULA is found to be unlawful, void, or for any reason unen- forceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.

This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.

All trademarks are the property of their respective owners.

Developed by Frontier Developments Ltd.

The HERSHEY'S, REESE'S, and KISSES trademarks and trade dress are used under license.

Pentium is a trademark or registered trademark of Intel Corporation or its subsidiaries

in the United States and other countries.

Manufactured under license from Dolby Laboratories.

Windows and DirectX are either registered trademarks or trademarks of

Microsoft Corporation in the United States and/or other countries.

Portions utilize Microsoft Windows Media Technologies.

ATI and RADEON are trademarks and/or registered trademarks of ATI Technologies Inc.

Gruenwald /Munich, Germany

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