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END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY before installing Ultimate Booster Experience (the “Software Product”). By installing, copying, and/or otherwise using the Software Product or attempting to do any of these you agree to be bound by the terms of this EULA as set forth by GEXAGON LTD, CYPRUS, 3101 LIMASSOL, GRIVA DIGENI 84, SAVVIDES BUILDING, OFFICE 102 (“Licensor”, “Gexagon” or “we”).
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, do not install the Software Product and Gexagon shall not grant to you the License (defined below) to the Software Product.
Your use of the Software Product is also subject to the terms and conditions set forth in the Steam subscriber agreement and/or any other terms set forth by Valve corporation in relation to the Steam service.
PLEASE NOTE that the product you are intended to use is related to virtual reality software. The influence of the virtual reality to the humans is not comprehensively studied for now. Thus, the use of this Software Product may be connected with risks to your health and property. Please read the Section “SAFETY” of this EULA carefully. You acknowledge and agree that you are using the Software product “as is” and at your own risk. Gexagon shall not be liable for any harm to health or damages to property resulting or connected with the use of the Software Product.
1. GRANT OF LICENSE
1.1. Non-exclusive license for personal use. Provided you comply with the terms in this EULA, Gexagon hereby grants you a non-exclusive, non-transferable right to load, install, run, and use the executable form of the Software Product for the purpose of playing the game for your personal use only (the “License)”. You are prohibited from any commercial use of this Software Product.
1.2. Copies. You may install and use one copy of the Software Product on your personal computer, and except for making one back-up copy of the Software Product, may not otherwise copy the Software Product. The Software Product may not be shared or used concurrently on different computers.
1.3. Limitations. Except as expressly specified in this EULA, you may not:
(a) copy (except in the course of loading or installing) or modify the Software Product, including but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Software Product;
(b) reverse engineer, decompile, or disassemble the Software Product, or attempt in any other manner to obtain the source code, in whole or part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Gexagon on creation to the maximum extent permitted by law and you hereby waive all or any rights in such creations;
(c) remove any copyright or other proprietary rights notices from the Software Product;
(d) transfer, sublicense, lend, rent, lease or otherwise distribute the Software Product to someone else; or (e) make the functionality of the Software Product available to multiple users through any means, including but not limited to, by uploading the Software Product to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.
2. ADDITION OR MODIFICATION
2.1. Gexagon may provide an additional or modified Software Product to change, modify, expand functions, add contents and modify bugs. The provision in this EULA shall also be applied to such additional or modified Software Product.
2.2. Such additional or modified Software Product shall be provided for free, unless Gexagon decides to provide them with compensation.
2.3. Gexagon reserves the right, at its discretion, to provide an additional or modified Software Product and Gexagon is not obliged to provide such additional or modified Software Product to the users.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The intellectual property rights for the Software Product belongs to Gexagon and shall be protected by international treaty provisions and any other applicable laws (including in users’ country of residence).
3.2. The Software Product is licensed, not sold, and Gexagon reserves all rights to the software not expressly granted by Gexagon, whether by implication, estoppel, or otherwise. Except as otherwise expressly provided herein, Gexagon does not grant you any express or implied right under any Gexagon’s patents, copyrights, trademarks, or other intellectual property rights in the Software Product, and all rights, title and interest in and to the Software Product not expressly granted are reserved by Gexagon.
3.3. The Software Product may contain certain materials licensed by Gexagon from others, and Gexagon and its licensors may protect their rights in the event of any violation of this EULA.
4. TERM AND TERMINATION
4.1. Without prejudice to any other rights of Gexagon, the License shall remain in effect for as long as you use, operate or run the Software Product.
4.2. You may at any time terminate this EULA by deleting the Software Product and uninstalling it from your personal computer(s) or other applicable hardwares. The Sections entitled “Intellectual Property Rights,” “Limitations of Liability”, “Indemnity,” “Applicable Law and Jurisdiction,” and “Non-waiver” and item 1.3 (Limitations) shall survive any termination of this License.
4.3. Gexagon reserves the right, without prior notice and in its sole discretion, to terminate the EULA upon one (1) or any breach of the provisions provided hereto. In such case you shall immediately stop using the Software Product and shall uninstall and delete it from your personal computer.
5. NO WARRANTIES
5.1. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, GEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GEXAGON OR
ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS
AGREEMENT. IF YOUR LOCAL LAWS IMPOSE A WARRANTY, GUARANTEE OR CONDITION EVEN
THOUGH THESE TERMS DO NOT, ITS DURATION IS LIMITED TO 90 DAYS FROM WHEN YOU
DOWNLOAD THE APPLICATION. GEXAGON DOES NOT WARRANT THAT THE SOFTWARE PRODUCT
IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT GEXAGON WILL
REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. GEXAGON FURTHER DOES NOT WARRANT
THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER OR HARDWARE.
PLEASE REFER TO THE SOFTWARE PRODUCT PACKAGING OR WEBSITE OR MANUAL FOR
MINIMUM TECHNICAL SPECIFICATIONS
6. LIMITATIONS OF LIABILITY
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEXAGON OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFFITS, LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, EVEN IF GEXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, GEXAGON’S AGGREGATE
LIABILITY ARISING OUT OF OR RELATING TO THIS EULA SHALL NOT EXCEED THE AMOUNT PAID
BY THE USERS TO PURCHASE THE SOFTWARE PRODUCT OR $1 (one USD), WHICHEVER IS
GREATER. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED
REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. INDEMNITY
7.1. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Gexagon, our partners, affiliates, contractors, licensors and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product, any breach by you of the terms of this EULA and/or arising out of or related to content that you submit, post, link to, transmit or make available through the Software Product and/or your violation of any rights of another users.
8. AMMENDMENTS TO EULA
8.1. Gexagon may amend this EULA unilaterally at any time in its sole discretion by displaying such amendment on the third party platform where the Software Product was purchased (e.g. Steam platform provided by Valve Corporation), Gexagon’s official website or within the game screen of the Software Product.
8.2. Notwithstanding the foregoing provision, if such amendment is detrimental to the users, Gexagon shall take reasonable means such as displaying or posting such amendment in advance.
8.3. You take the responsibility to be up-to-date with the latest version of this EULA.
8.4. Your installation and use of any updates or modifications to the Sofware Product or your continued use of the Software Product following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
9. APPLICABLE LAW AND JURISDICTION
9.1. This Agreement and any dispute, claim, or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of the Republic of Cyprus without regard to its "conflict of laws" principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
9.2. Out-of-Court Settlement. You and the Licensor shall first attempt to resolve any disputes and claims out of court for at least thirty (30) days before initiating a judicial procedure. Out-of-court settlement will commence upon the receipt of written notice from one party to the other. Such notice shall include the full name and contact information of the complaining party, describe the nature and basis of the claim or dispute, and envisage a specific recompense. The Licensor may send notices to your email address. You shall send notices to the Licensor’s registered office.
9.3. Venue. Without prejudice to applicable consumer protection laws, the parties to this Agreement shall submit all disputes and claims arising out of or in connection with it or its subject matter or formation to the jurisdiction of the courts competent within the territory of the Licensor’s headquarter, which is located in Limassol, Republic of Cyprus.
10. ENTIRE AGREEMENT
10.1. This EULA represents the complete agreement between you and Gexagon concerning the License and your rights to use the Software Product, and supersedes all prior agreements and representations, warranties or understandings between you and Gexagon (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
11. SEVERABILITY
11.1. If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provision to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
12. NON-WAIVER
12.1. The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.
13. SAFETY
YOU AGREE THAT YOU SHALL ABIDE BY THE SAFETY GUIDE OR OTHER RELEVANT NOTICES
PROVIDED BY YOUR VIRTUAL REALITY HARDWARE MANUFACTURER AT ALL TIMES DURING YOUR
USE OF THE SOFTWARE PRODUCT. You acknowledge that you have located, read and understood your
Virtual Reality Hardware Manufacturer's guidelines.
Your actions while using the Software Product could place you, people near you, pets and objects in danger.
By choosing to use the Software Product, you voluntarily acknowledge and accept any and all risks
associated with use of the Software Product.
While using the Software Product, you will be moving your hands, feet and body. While wearing your Virtual Reality headset and using the Software Product, you will not be able to see anything in the physical room around you. The image displayed in the headset will not match the real world. While using this software, if you move your feet, do so slowly and maintain your balance. Be aware of your headset cable at all times and do not trip on it. Falling and/or striking an object with your head, limbs or body could cause serious injury to yourself or others.
It is strongly recommended that you use the Software Product only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach, while using the Software Product. Be sure you can hear the supervising person at all times while using the Software Product.
While using the hand controllers while using the Software Product, always check that you have sufficient
overhead and surrounding clearance to allow you to fully extend your arms outward and upwards. Hold the controllers firmly and always use the wrist straps. Do not use near stairways, windows, heat sources. While using the Software Product, avoid moving your hands or body in a rapid or uncontrolled manner. Doing so may cause serious injury to yourself or others. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ANY MECHANISM IN THE SOFTWARE, INCLUDING THE AUTO PAUSE FEATURE, FOR
PROTECTION.
Each time you use this software, you acknowledge that it is your responsibility to completely clear your play area of people, pets, furniture and all objects that you could potentially strike, contact or otherwise become entangled with. This includes, but is not limited to, computer equipment, monitors, television sets, light fixtures, mirrors, artwork. Be especially aware of ceiling light fixtures and ceiling fans within your play space.
Striking, contacting or becoming entangled in any object while using the Software Product could cause
serious injury or damage.
YOU ACKNOWLEDGE THAT USING THE SOFTWARE PRODUCT WITH YOUR VIRTUAL REALITY
HARDWARE MAY INVOLVE A TEST OF YOUR PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH
IT THE POTENTIAL FOR SERIOUS INJURY, AND PROPERTY LOSS, OR DEATH. The risks of using the
Software Product may include, but are not limited to, those caused by loss of balance, caused by inability to see physical surroundings, caused by inability to hear sounds in physical surrounds, caused by any part of your body hitting or otherwise contacting people or objects in the physical surroundings, caused by repetitive or strenuous motion of any part of your body, caused by involuntary motion or action of any part of your body, caused by stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Software Product on the Virtual Reality Headset screen, including but not limited to images of rapidly flashing lights, could induce epileptic seizures.
DUE TO THE IMMERSIVE NATURE OF THE SOFTWARE PRODUCT, YOU MAY FEEL COMPELLED TO
MOVE YOUR BODY AND/OR LIMBS IN AN UNCONTROLLED, RAPID OR OTHERWISE UNSAFE
MANNER. YOU MAY FEEL COMPELLED TO MOVE OR REACH BEYOND THE SAFE BOUNDARIES OF
THE PLAY AREA YOU HAVE PREPARED WHEN FOLLOWING YOUR VIRTUAL REALITY
MANUFACTURERS SAFETY GUIDELINES. YOU AGREE THAT IF YOU CHOOSE TO USE THE
SOFTWARE PRODUCT, YOU WILL AVOID SUCH ACTIONS AT ALL TIMES, AND THAT IT IS SOLELY
YOUR RESPONSIBILITY TO MOVE AND ACT IN A SAFE AND CONTROLLED MANNER WHILE USING
THE SOFTWARE PRODUCT.
YOU MAY FEEL OVERWHELMED BY THE IMMERSIVE NATURE OF THE SOFTWARE PRODUCT, AND
YOU MAY EXPERIENCE INTENSE PHYSICAL AND PSYCHOLOGICAL SENSATIONS DURING OR
AFTER ITS USE. You acknowledge that you are capable of removing your virtual reality headset at any time during the use of the Software Product in order to cease experiencing the Software Product, to check your location within your physical surroundings, to provide yourself with adequate rest and recovery, or for any other reason to ensure your mental and/or physical comfort and safety.
This software is not intended for use by children. Children may be unable to maintain safe control of their actions if permitted to use the Software Product. You agree that you will not allow children under the age of 14 to use this software. You agree that persons under the age of minority (18 years of age in the United States), shall be supervised by an adult at all times while using the Software Product. It is further recommended that all persons be supervised while using the Software Product to ensure safety.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE USE OF THE
SOFTWARE PRODUCT ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS
ASSOCIATED WITH USING THE SOFTWARE PRODUCT, WHICH MAY INCLUDE, BUT ARE NOT
LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,
DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC
OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY
ARISE FROM YOUR USE OF THE SOFTWARE PRODUCT, INCLUDING DUE TO YOUR OWN OR
OTHER'S NEGLIGENCE. NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN OR
UNKNOWN TO YOU, OF USING THE SOFTWARE PRODUCT.
Last updated: August 11, 2022
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY before installing Ultimate Booster Experience (the “Software Product”). By installing, copying, and/or otherwise using the Software Product or attempting to do any of these you agree to be bound by the terms of this EULA as set forth by GEXAGON LTD, CYPRUS, 3101 LIMASSOL, GRIVA DIGENI 84, SAVVIDES BUILDING, OFFICE 102 (“Licensor”, “Gexagon” or “we”).
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, do not install the Software Product and Gexagon shall not grant to you the License (defined below) to the Software Product.
Your use of the Software Product is also subject to the terms and conditions set forth in the Steam subscriber agreement and/or any other terms set forth by Valve corporation in relation to the Steam service.
PLEASE NOTE that the product you are intended to use is related to virtual reality software. The influence of the virtual reality to the humans is not comprehensively studied for now. Thus, the use of this Software Product may be connected with risks to your health and property. Please read the Section “SAFETY” of this EULA carefully. You acknowledge and agree that you are using the Software product “as is” and at your own risk. Gexagon shall not be liable for any harm to health or damages to property resulting or connected with the use of the Software Product.
1. GRANT OF LICENSE
1.1. Non-exclusive license for personal use. Provided you comply with the terms in this EULA, Gexagon hereby grants you a non-exclusive, non-transferable right to load, install, run, and use the executable form of the Software Product for the purpose of playing the game for your personal use only (the “License)”. You are prohibited from any commercial use of this Software Product.
1.2. Copies. You may install and use one copy of the Software Product on your personal computer, and except for making one back-up copy of the Software Product, may not otherwise copy the Software Product. The Software Product may not be shared or used concurrently on different computers.
1.3. Limitations. Except as expressly specified in this EULA, you may not:
(a) copy (except in the course of loading or installing) or modify the Software Product, including but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Software Product;
(b) reverse engineer, decompile, or disassemble the Software Product, or attempt in any other manner to obtain the source code, in whole or part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Gexagon on creation to the maximum extent permitted by law and you hereby waive all or any rights in such creations;
(c) remove any copyright or other proprietary rights notices from the Software Product;
(d) transfer, sublicense, lend, rent, lease or otherwise distribute the Software Product to someone else; or (e) make the functionality of the Software Product available to multiple users through any means, including but not limited to, by uploading the Software Product to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.
2. ADDITION OR MODIFICATION
2.1. Gexagon may provide an additional or modified Software Product to change, modify, expand functions, add contents and modify bugs. The provision in this EULA shall also be applied to such additional or modified Software Product.
2.2. Such additional or modified Software Product shall be provided for free, unless Gexagon decides to provide them with compensation.
2.3. Gexagon reserves the right, at its discretion, to provide an additional or modified Software Product and Gexagon is not obliged to provide such additional or modified Software Product to the users.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The intellectual property rights for the Software Product belongs to Gexagon and shall be protected by international treaty provisions and any other applicable laws (including in users’ country of residence).
3.2. The Software Product is licensed, not sold, and Gexagon reserves all rights to the software not expressly granted by Gexagon, whether by implication, estoppel, or otherwise. Except as otherwise expressly provided herein, Gexagon does not grant you any express or implied right under any Gexagon’s patents, copyrights, trademarks, or other intellectual property rights in the Software Product, and all rights, title and interest in and to the Software Product not expressly granted are reserved by Gexagon.
3.3. The Software Product may contain certain materials licensed by Gexagon from others, and Gexagon and its licensors may protect their rights in the event of any violation of this EULA.
4. TERM AND TERMINATION
4.1. Without prejudice to any other rights of Gexagon, the License shall remain in effect for as long as you use, operate or run the Software Product.
4.2. You may at any time terminate this EULA by deleting the Software Product and uninstalling it from your personal computer(s) or other applicable hardwares. The Sections entitled “Intellectual Property Rights,” “Limitations of Liability”, “Indemnity,” “Applicable Law and Jurisdiction,” and “Non-waiver” and item 1.3 (Limitations) shall survive any termination of this License.
4.3. Gexagon reserves the right, without prior notice and in its sole discretion, to terminate the EULA upon one (1) or any breach of the provisions provided hereto. In such case you shall immediately stop using the Software Product and shall uninstall and delete it from your personal computer.
5. NO WARRANTIES
5.1. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, GEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GEXAGON OR
ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS
AGREEMENT. IF YOUR LOCAL LAWS IMPOSE A WARRANTY, GUARANTEE OR CONDITION EVEN
THOUGH THESE TERMS DO NOT, ITS DURATION IS LIMITED TO 90 DAYS FROM WHEN YOU
DOWNLOAD THE APPLICATION. GEXAGON DOES NOT WARRANT THAT THE SOFTWARE PRODUCT
IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT GEXAGON WILL
REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. GEXAGON FURTHER DOES NOT WARRANT
THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER OR HARDWARE.
PLEASE REFER TO THE SOFTWARE PRODUCT PACKAGING OR WEBSITE OR MANUAL FOR
MINIMUM TECHNICAL SPECIFICATIONS
6. LIMITATIONS OF LIABILITY
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEXAGON OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFFITS, LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, EVEN IF GEXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, GEXAGON’S AGGREGATE
LIABILITY ARISING OUT OF OR RELATING TO THIS EULA SHALL NOT EXCEED THE AMOUNT PAID
BY THE USERS TO PURCHASE THE SOFTWARE PRODUCT OR $1 (one USD), WHICHEVER IS
GREATER. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED
REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. INDEMNITY
7.1. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Gexagon, our partners, affiliates, contractors, licensors and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product, any breach by you of the terms of this EULA and/or arising out of or related to content that you submit, post, link to, transmit or make available through the Software Product and/or your violation of any rights of another users.
8. AMMENDMENTS TO EULA
8.1. Gexagon may amend this EULA unilaterally at any time in its sole discretion by displaying such amendment on the third party platform where the Software Product was purchased (e.g. Steam platform provided by Valve Corporation), Gexagon’s official website or within the game screen of the Software Product.
8.2. Notwithstanding the foregoing provision, if such amendment is detrimental to the users, Gexagon shall take reasonable means such as displaying or posting such amendment in advance.
8.3. You take the responsibility to be up-to-date with the latest version of this EULA.
8.4. Your installation and use of any updates or modifications to the Sofware Product or your continued use of the Software Product following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
9. APPLICABLE LAW AND JURISDICTION
9.1. This Agreement and any dispute, claim, or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of the Republic of Cyprus without regard to its "conflict of laws" principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
9.2. Out-of-Court Settlement. You and the Licensor shall first attempt to resolve any disputes and claims out of court for at least thirty (30) days before initiating a judicial procedure. Out-of-court settlement will commence upon the receipt of written notice from one party to the other. Such notice shall include the full name and contact information of the complaining party, describe the nature and basis of the claim or dispute, and envisage a specific recompense. The Licensor may send notices to your email address. You shall send notices to the Licensor’s registered office.
9.3. Venue. Without prejudice to applicable consumer protection laws, the parties to this Agreement shall submit all disputes and claims arising out of or in connection with it or its subject matter or formation to the jurisdiction of the courts competent within the territory of the Licensor’s headquarter, which is located in Limassol, Republic of Cyprus.
10. ENTIRE AGREEMENT
10.1. This EULA represents the complete agreement between you and Gexagon concerning the License and your rights to use the Software Product, and supersedes all prior agreements and representations, warranties or understandings between you and Gexagon (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
11. SEVERABILITY
11.1. If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provision to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
12. NON-WAIVER
12.1. The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.
13. SAFETY
YOU AGREE THAT YOU SHALL ABIDE BY THE SAFETY GUIDE OR OTHER RELEVANT NOTICES
PROVIDED BY YOUR VIRTUAL REALITY HARDWARE MANUFACTURER AT ALL TIMES DURING YOUR
USE OF THE SOFTWARE PRODUCT. You acknowledge that you have located, read and understood your
Virtual Reality Hardware Manufacturer's guidelines.
Your actions while using the Software Product could place you, people near you, pets and objects in danger.
By choosing to use the Software Product, you voluntarily acknowledge and accept any and all risks
associated with use of the Software Product.
While using the Software Product, you will be moving your hands, feet and body. While wearing your Virtual Reality headset and using the Software Product, you will not be able to see anything in the physical room around you. The image displayed in the headset will not match the real world. While using this software, if you move your feet, do so slowly and maintain your balance. Be aware of your headset cable at all times and do not trip on it. Falling and/or striking an object with your head, limbs or body could cause serious injury to yourself or others.
It is strongly recommended that you use the Software Product only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach, while using the Software Product. Be sure you can hear the supervising person at all times while using the Software Product.
While using the hand controllers while using the Software Product, always check that you have sufficient
overhead and surrounding clearance to allow you to fully extend your arms outward and upwards. Hold the controllers firmly and always use the wrist straps. Do not use near stairways, windows, heat sources. While using the Software Product, avoid moving your hands or body in a rapid or uncontrolled manner. Doing so may cause serious injury to yourself or others. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ANY MECHANISM IN THE SOFTWARE, INCLUDING THE AUTO PAUSE FEATURE, FOR
PROTECTION.
Each time you use this software, you acknowledge that it is your responsibility to completely clear your play area of people, pets, furniture and all objects that you could potentially strike, contact or otherwise become entangled with. This includes, but is not limited to, computer equipment, monitors, television sets, light fixtures, mirrors, artwork. Be especially aware of ceiling light fixtures and ceiling fans within your play space.
Striking, contacting or becoming entangled in any object while using the Software Product could cause
serious injury or damage.
YOU ACKNOWLEDGE THAT USING THE SOFTWARE PRODUCT WITH YOUR VIRTUAL REALITY
HARDWARE MAY INVOLVE A TEST OF YOUR PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH
IT THE POTENTIAL FOR SERIOUS INJURY, AND PROPERTY LOSS, OR DEATH. The risks of using the
Software Product may include, but are not limited to, those caused by loss of balance, caused by inability to see physical surroundings, caused by inability to hear sounds in physical surrounds, caused by any part of your body hitting or otherwise contacting people or objects in the physical surroundings, caused by repetitive or strenuous motion of any part of your body, caused by involuntary motion or action of any part of your body, caused by stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Software Product on the Virtual Reality Headset screen, including but not limited to images of rapidly flashing lights, could induce epileptic seizures.
DUE TO THE IMMERSIVE NATURE OF THE SOFTWARE PRODUCT, YOU MAY FEEL COMPELLED TO
MOVE YOUR BODY AND/OR LIMBS IN AN UNCONTROLLED, RAPID OR OTHERWISE UNSAFE
MANNER. YOU MAY FEEL COMPELLED TO MOVE OR REACH BEYOND THE SAFE BOUNDARIES OF
THE PLAY AREA YOU HAVE PREPARED WHEN FOLLOWING YOUR VIRTUAL REALITY
MANUFACTURERS SAFETY GUIDELINES. YOU AGREE THAT IF YOU CHOOSE TO USE THE
SOFTWARE PRODUCT, YOU WILL AVOID SUCH ACTIONS AT ALL TIMES, AND THAT IT IS SOLELY
YOUR RESPONSIBILITY TO MOVE AND ACT IN A SAFE AND CONTROLLED MANNER WHILE USING
THE SOFTWARE PRODUCT.
YOU MAY FEEL OVERWHELMED BY THE IMMERSIVE NATURE OF THE SOFTWARE PRODUCT, AND
YOU MAY EXPERIENCE INTENSE PHYSICAL AND PSYCHOLOGICAL SENSATIONS DURING OR
AFTER ITS USE. You acknowledge that you are capable of removing your virtual reality headset at any time during the use of the Software Product in order to cease experiencing the Software Product, to check your location within your physical surroundings, to provide yourself with adequate rest and recovery, or for any other reason to ensure your mental and/or physical comfort and safety.
This software is not intended for use by children. Children may be unable to maintain safe control of their actions if permitted to use the Software Product. You agree that you will not allow children under the age of 14 to use this software. You agree that persons under the age of minority (18 years of age in the United States), shall be supervised by an adult at all times while using the Software Product. It is further recommended that all persons be supervised while using the Software Product to ensure safety.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE USE OF THE
SOFTWARE PRODUCT ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS
ASSOCIATED WITH USING THE SOFTWARE PRODUCT, WHICH MAY INCLUDE, BUT ARE NOT
LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,
DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC
OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY
ARISE FROM YOUR USE OF THE SOFTWARE PRODUCT, INCLUDING DUE TO YOUR OWN OR
OTHER'S NEGLIGENCE. NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN OR
UNKNOWN TO YOU, OF USING THE SOFTWARE PRODUCT.
Last updated: August 11, 2022