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Mandt VR
END USER LICENSE AGREEMENT
Last Updated: December 24, 2016
IMPORTANT - READ BEFORE INSTALLING OR USING.
BY CHECKING A BOX THAT STATES “I AGREE” AND DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU ACCEPT THESE TERMS WHICH ESTABLISH A CONTRACTUAL AGREEMENT BETWEEN YOU AND OWNER (AS DEFINED BELOW) RELATING TO YOUR USE OF THE APPLICATION.
This agreement applies to any updates or new versions of the Application, unless the update includes separate terms.
DEFINITIONS. The following definitions apply:
a. “Application” means the software application entitled “Craftmas” which is subject to the terms of this End User License Agreement (this “Agreement”).
b. “Distributor” means the person or entity that is distributing this Application to you.
c. “Intellectual Property Rights” means all United States and worldwide trademarks, service marks, trade names, trade dress, logos, copyrights, artwork, characters, themes, backgrounds, rights of authorship, inventions, mask work rights, moral rights, patents, rights of inventorship, all applications, registrations and renewals in connection with any of the above, database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practices laws, and all other intellectual and industrial property rights related thereto,
d. “Licensing Parties” means Owner and Distributor.
e. “Owner” means Freeform Labs, Inc., a California corporation, with offices at 10866 Washington Blvd. #28, Culver City, CA 90232 which owns all Intellectual Property Rights in and to the Application and has licensed rights to Distributor for sublicensing to end users such as yourself.
f. “You” and “Your” refer to you, the individual user, and also to the organization or person which is the account holder with Distributor pursuant to which you as an agent or affiliate have accessed the Application, which organization or person shall also be fully responsible for your acts and omissions with respect to the Application.
LICENSE: So long as you comply with the terms of this agreement, Owner hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use one copy of the Application for your personal, non-commercial use on one (1) device. If you wish to use the Application on two (2) or more devices, you must purchase additional Application licenses. Notwithstanding the foregoing, you may make one copy of the Application for backup or archival purposes. All worldwide right, title, and interest in and to the Application and the Application’s underlying Intellectual Property Rights remains with the Owner, and you shall not acquire any interest therein except the limited right to use the same pursuant to this Agreement. The Application is licensed to you, not sold. Without limiting the foregoing, so long as you comply with the terms of this Agreement, the licenses granted are perpetual. In addition, you expressly agree that you may not:
• Reverse engineer, decompile or disassemble the Application;
• Copy, customize, modify, sublicense, rent, lease, lend, sell, distribute, publicly perform, publicly display or transfer any part of the Application except as provided in this Agreement, and you agree to prevent unauthorized copying of the Application;
• Reproduce or distribute the Application, or distribute any enhancements, improvements or derivative works based upon the Application;
• Commercially exploit the Application or any User Content (as defined below) or any portion thereof or transfer the Application or this agreement to any third party;
• Use any element of the Application to circumvent technological measures intended to control access to the Application or develop or distribute products that are designed to circumvent such technological measures.
• Copy, review or analyze the Application for the purposes of creating or which results in the creation or development of other technology, or other tools, products or services, which are functionally, visually or otherwise identical or similar to the Application; or
• Remove or obscure any copyright, trademark, and/or other proprietary rights notices from the Application.
ACCOUNT OBLIGATIONS. You are responsible for all activity involving the Application occurring under your account. You agree to: (i) notify Distributor as soon as you become aware of any unauthorized use of the Application or any other known or suspected breach of security; and (ii) not impersonate another Application user or provide false identity information to gain access to or use the Application. Owner makes no representation that the Application is appropriate or available for use in locations outside of the United States of America. If you use the Application from outside of the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
SUPPORT SERVICES. As stated in more detail below, the Application is provided “as is, as available.” Contact the Distributor to determine if any support services are provided. Owner, the manufacturer of your hardware, and your Internet service provider are not responsible for providing support services for the Application. Owner may make changes to the Application (as described in more detail below), at any time without notice, but is not obligated to support or update the Application.
SOFTWARE UPDATES. On one or more occasions Owner may patch, update, or modify the Application (each, an “Update”) and require you to install such Update in order for you to continue using the Application. Updates may modify the Agreement, gameplay mechanics or other aspects to the Application. Failing to install an Update may result in an inability to use the Application and for which you shall not be entitled to a refund or compensation of any kind.
THIRD PARTY SOFTWARE. The Application may incorporate services or products provided by third parties. This Agreement does not grant you any license, right, title or other interest in third party services or products, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third party agreement.
USER GENERATED CONTENT: The Application may allow you to share or create content (“User Content”) including without limitation images in various electronic formats. You hereby represent and warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to the User Content. By using the Application, you agree that you will not transmit any User Content that:
• is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or includes “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Application or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Application; or
• is antisocial, disruptive, or destructive, includes software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
The Licensing Parties cannot and do not assure that other users are or will be complying with the foregoing terms or any other provisions of these terms of use, and, as between you and the Licensing Parties, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You understand and agree that the Licensing Parties may, but are under no obligation to, review and delete or remove any User Content that, in the sole judgment of the Licensing Parties, violates foregoing terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users, the Licensing Parties or others.
Provided that you comply with the terms of this Agreement with respect to User Content, you may publicly display the Application on your social media on a personal non-commercial basis, but cannot display the game through any other medium without first obtaining Owner’s written consent. Owner may terminate or modify the scope of the social media license granted to you at any time without compensation and will not be liable to you for any loss you incur as a result of termination.
Further with respect to the User Content you agree to grant Owner a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or any other person.
FEEDBACK: You are not required to provide any feedback regarding the Application. However, to the extent that you provide feedback to a Licensing Party and Owner incorporates such feedback in the Application, you hereby grant to Owner, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license, with the right to sublicense, to incorporate or otherwise utilize feedback as provided by you in the design of the Application.
ACKNOWLEDGEMENTS. You acknowledge and agree that (i) Distributor (and not Owner) is (i) solely responsible for your use of the Application and for addressing any claims relating to the Application, including your possession or use thereof; and (ii) all terms other than those in this Agreement relating to the use of the Application are determined by any agreements you may be a party to with Distributor but Owner is a third party beneficiary of any other such agreement and has the right to enforce such terms against you.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE APPLICATION IS PROVIDED "AS IS, AS AVAILABLE" AND WITH ALL FAULTS. YOU ASSUME AND BEAR ALL RISKS ASSOCIATED WITH THE DOWNLOAD, INSTALLATION AND USE OF THE APPLICATION INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH USING THE APPLICATION SUCH AS PERSONAL OR BODILY INJURY (INCLUDING DEATH OR DISABILITY) OR PROPERTY DAMAGE. OWNER DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. The Application may be temporarily unavailable from time to time for maintenance or other reasons. Owner does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Application. Owner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer (including without limitation, data loss) related to or resulting from participating or downloading materials in connection with the Application. You may have additional consumer rights under local laws in your jurisdiction which this agreement cannot change. As with all virtual reality games, please follow the instructions provided with your virtual reality hardware and be sure to use the Application in a safe environment away from people and property that you could come in contact with while using the hardware.
LIMITATION OF LIABILITY. THE LIABILITY OF OWNER AND ITS LICENSEES (INCLUDING DISTRIBUTOR) TO YOU OR ANY THIRD PARTY ARISING FROM THE LICENSE OR USE OF THE APPLICATION, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL NOT EXCEED THE AMOUNTS PAID FOR THE RELATED LICENSE BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE APPLICABLE LIABILITY AROSE.
IN NO EVENT WILL OWNER OR ITS LICENSEES (INCLUDING DISTRIBUTOR) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITED WARRANTY, LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND YOU. OWNER WOULD NOT BE ABLE TO PROVIDE THE APPLICATION WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS MAY PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES (IF ANY) OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITA¬TION MAY NOT APPLY TO YOU IN ITS ENTIRETY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNIFICATION. You shall indemnify, and hold harmless the Licensing Parties, and their respective officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Indemnified Parties may sustain or incur arising from (a) your violation of this agreement or breach of any representation or warranty made by you hereunder; (b) your use of the Application in any manner other than as intended, (c) your failure to comply with any applicable laws and regulations, including without limitation any copyright, property, or privacy right, or (d) your negligent act or omission, or willful misconduct.
TERMINATION OF THIS AGREEMENT. Owner or Distributor may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately delete the Application and cease using the Application. In the event of termination of this Agreement, Distributor may delete and/or store, in its discretion, data associated with your use of the Application. The Distributor may also change, suspend, or discontinue any aspect of the Application at any time, including the availability of any feature, database, or content. Notwithstanding anything to the contrary set forth herein, no termination of this Agreement shall relieve any party from any obligations hereunder which are outstanding on, or relate to matters or claims occurring or arising prior to, the date of such termination or which survive such termination by their own terms or nature.
LANGUAGE; TRANSLATIONS. In the event that the English language version of this Agreement is accompanied by any other version translated into any other language, such translated version is provided for convenience purposes only and the English language version shall control.
APPLICABLE LAWS; ENTIRE AGREEMENT. This Agreement shall be governed by and construed under the internal laws of the State of California, without regard to any conflicts of law principles. The application of Uniform Computer Information Transactions Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The federal and state courts located in Los Angeles County, California shall have jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the jurisdiction of such courts and waives any right it may otherwise have to challenge the appropriateness of such forums, whether on the basis of the doctrine of forum non conveniens or otherwise. This Agreement constitutes the final and complete understanding between the you and Owner with respect to the Application and Owner is not obligated under any other agreements, including agreements between you and Distributor, unless they are in writing and signed by an authorized representative of Owner.
COPYRIGHT INFRINGEMENT POLICY. Owner respects the rights of all copyright holders and in this regard, Owner has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Owner’s Copyright Agent the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and (iv) information reasonably sufficient to permit Owner to locate the material; (v) your address, telephone number, and email address; (vi) a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vii) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Owner’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: ops@freeformlabs.xyz Attn: Copyright Agent. The Owner will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
NO WAIVER. Owner’s failure to assert or enforce any right contained in this Agreement shall not constitute a waiver of that right.
SEVERABILITY. To the extent any section, clause, provision or sentence or part thereof of this Agreement is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of this Agreement shall be given full force and effect.
MODIFICATIONS TO THIS AGREEMENT. Owner reserves the right to modify this Agreement at any time, and without prior notice. You understand and agree that if you use the Application after the date on which this Agreement has changed, Owner will treat your use as acceptance of the updated Agreement.
END USER LICENSE AGREEMENT
Last Updated: December 24, 2016
IMPORTANT - READ BEFORE INSTALLING OR USING.
BY CHECKING A BOX THAT STATES “I AGREE” AND DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU ACCEPT THESE TERMS WHICH ESTABLISH A CONTRACTUAL AGREEMENT BETWEEN YOU AND OWNER (AS DEFINED BELOW) RELATING TO YOUR USE OF THE APPLICATION.
This agreement applies to any updates or new versions of the Application, unless the update includes separate terms.
DEFINITIONS. The following definitions apply:
a. “Application” means the software application entitled “Craftmas” which is subject to the terms of this End User License Agreement (this “Agreement”).
b. “Distributor” means the person or entity that is distributing this Application to you.
c. “Intellectual Property Rights” means all United States and worldwide trademarks, service marks, trade names, trade dress, logos, copyrights, artwork, characters, themes, backgrounds, rights of authorship, inventions, mask work rights, moral rights, patents, rights of inventorship, all applications, registrations and renewals in connection with any of the above, database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practices laws, and all other intellectual and industrial property rights related thereto,
d. “Licensing Parties” means Owner and Distributor.
e. “Owner” means Freeform Labs, Inc., a California corporation, with offices at 10866 Washington Blvd. #28, Culver City, CA 90232 which owns all Intellectual Property Rights in and to the Application and has licensed rights to Distributor for sublicensing to end users such as yourself.
f. “You” and “Your” refer to you, the individual user, and also to the organization or person which is the account holder with Distributor pursuant to which you as an agent or affiliate have accessed the Application, which organization or person shall also be fully responsible for your acts and omissions with respect to the Application.
LICENSE: So long as you comply with the terms of this agreement, Owner hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use one copy of the Application for your personal, non-commercial use on one (1) device. If you wish to use the Application on two (2) or more devices, you must purchase additional Application licenses. Notwithstanding the foregoing, you may make one copy of the Application for backup or archival purposes. All worldwide right, title, and interest in and to the Application and the Application’s underlying Intellectual Property Rights remains with the Owner, and you shall not acquire any interest therein except the limited right to use the same pursuant to this Agreement. The Application is licensed to you, not sold. Without limiting the foregoing, so long as you comply with the terms of this Agreement, the licenses granted are perpetual. In addition, you expressly agree that you may not:
• Reverse engineer, decompile or disassemble the Application;
• Copy, customize, modify, sublicense, rent, lease, lend, sell, distribute, publicly perform, publicly display or transfer any part of the Application except as provided in this Agreement, and you agree to prevent unauthorized copying of the Application;
• Reproduce or distribute the Application, or distribute any enhancements, improvements or derivative works based upon the Application;
• Commercially exploit the Application or any User Content (as defined below) or any portion thereof or transfer the Application or this agreement to any third party;
• Use any element of the Application to circumvent technological measures intended to control access to the Application or develop or distribute products that are designed to circumvent such technological measures.
• Copy, review or analyze the Application for the purposes of creating or which results in the creation or development of other technology, or other tools, products or services, which are functionally, visually or otherwise identical or similar to the Application; or
• Remove or obscure any copyright, trademark, and/or other proprietary rights notices from the Application.
ACCOUNT OBLIGATIONS. You are responsible for all activity involving the Application occurring under your account. You agree to: (i) notify Distributor as soon as you become aware of any unauthorized use of the Application or any other known or suspected breach of security; and (ii) not impersonate another Application user or provide false identity information to gain access to or use the Application. Owner makes no representation that the Application is appropriate or available for use in locations outside of the United States of America. If you use the Application from outside of the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
SUPPORT SERVICES. As stated in more detail below, the Application is provided “as is, as available.” Contact the Distributor to determine if any support services are provided. Owner, the manufacturer of your hardware, and your Internet service provider are not responsible for providing support services for the Application. Owner may make changes to the Application (as described in more detail below), at any time without notice, but is not obligated to support or update the Application.
SOFTWARE UPDATES. On one or more occasions Owner may patch, update, or modify the Application (each, an “Update”) and require you to install such Update in order for you to continue using the Application. Updates may modify the Agreement, gameplay mechanics or other aspects to the Application. Failing to install an Update may result in an inability to use the Application and for which you shall not be entitled to a refund or compensation of any kind.
THIRD PARTY SOFTWARE. The Application may incorporate services or products provided by third parties. This Agreement does not grant you any license, right, title or other interest in third party services or products, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third party agreement.
USER GENERATED CONTENT: The Application may allow you to share or create content (“User Content”) including without limitation images in various electronic formats. You hereby represent and warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to the User Content. By using the Application, you agree that you will not transmit any User Content that:
• is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or includes “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Application or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Application; or
• is antisocial, disruptive, or destructive, includes software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
The Licensing Parties cannot and do not assure that other users are or will be complying with the foregoing terms or any other provisions of these terms of use, and, as between you and the Licensing Parties, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You understand and agree that the Licensing Parties may, but are under no obligation to, review and delete or remove any User Content that, in the sole judgment of the Licensing Parties, violates foregoing terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users, the Licensing Parties or others.
Provided that you comply with the terms of this Agreement with respect to User Content, you may publicly display the Application on your social media on a personal non-commercial basis, but cannot display the game through any other medium without first obtaining Owner’s written consent. Owner may terminate or modify the scope of the social media license granted to you at any time without compensation and will not be liable to you for any loss you incur as a result of termination.
Further with respect to the User Content you agree to grant Owner a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or any other person.
FEEDBACK: You are not required to provide any feedback regarding the Application. However, to the extent that you provide feedback to a Licensing Party and Owner incorporates such feedback in the Application, you hereby grant to Owner, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license, with the right to sublicense, to incorporate or otherwise utilize feedback as provided by you in the design of the Application.
ACKNOWLEDGEMENTS. You acknowledge and agree that (i) Distributor (and not Owner) is (i) solely responsible for your use of the Application and for addressing any claims relating to the Application, including your possession or use thereof; and (ii) all terms other than those in this Agreement relating to the use of the Application are determined by any agreements you may be a party to with Distributor but Owner is a third party beneficiary of any other such agreement and has the right to enforce such terms against you.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE APPLICATION IS PROVIDED "AS IS, AS AVAILABLE" AND WITH ALL FAULTS. YOU ASSUME AND BEAR ALL RISKS ASSOCIATED WITH THE DOWNLOAD, INSTALLATION AND USE OF THE APPLICATION INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH USING THE APPLICATION SUCH AS PERSONAL OR BODILY INJURY (INCLUDING DEATH OR DISABILITY) OR PROPERTY DAMAGE. OWNER DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. The Application may be temporarily unavailable from time to time for maintenance or other reasons. Owner does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Application. Owner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer (including without limitation, data loss) related to or resulting from participating or downloading materials in connection with the Application. You may have additional consumer rights under local laws in your jurisdiction which this agreement cannot change. As with all virtual reality games, please follow the instructions provided with your virtual reality hardware and be sure to use the Application in a safe environment away from people and property that you could come in contact with while using the hardware.
LIMITATION OF LIABILITY. THE LIABILITY OF OWNER AND ITS LICENSEES (INCLUDING DISTRIBUTOR) TO YOU OR ANY THIRD PARTY ARISING FROM THE LICENSE OR USE OF THE APPLICATION, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL NOT EXCEED THE AMOUNTS PAID FOR THE RELATED LICENSE BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE APPLICABLE LIABILITY AROSE.
IN NO EVENT WILL OWNER OR ITS LICENSEES (INCLUDING DISTRIBUTOR) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITED WARRANTY, LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND YOU. OWNER WOULD NOT BE ABLE TO PROVIDE THE APPLICATION WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS MAY PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES (IF ANY) OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITA¬TION MAY NOT APPLY TO YOU IN ITS ENTIRETY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNIFICATION. You shall indemnify, and hold harmless the Licensing Parties, and their respective officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Indemnified Parties may sustain or incur arising from (a) your violation of this agreement or breach of any representation or warranty made by you hereunder; (b) your use of the Application in any manner other than as intended, (c) your failure to comply with any applicable laws and regulations, including without limitation any copyright, property, or privacy right, or (d) your negligent act or omission, or willful misconduct.
TERMINATION OF THIS AGREEMENT. Owner or Distributor may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately delete the Application and cease using the Application. In the event of termination of this Agreement, Distributor may delete and/or store, in its discretion, data associated with your use of the Application. The Distributor may also change, suspend, or discontinue any aspect of the Application at any time, including the availability of any feature, database, or content. Notwithstanding anything to the contrary set forth herein, no termination of this Agreement shall relieve any party from any obligations hereunder which are outstanding on, or relate to matters or claims occurring or arising prior to, the date of such termination or which survive such termination by their own terms or nature.
LANGUAGE; TRANSLATIONS. In the event that the English language version of this Agreement is accompanied by any other version translated into any other language, such translated version is provided for convenience purposes only and the English language version shall control.
APPLICABLE LAWS; ENTIRE AGREEMENT. This Agreement shall be governed by and construed under the internal laws of the State of California, without regard to any conflicts of law principles. The application of Uniform Computer Information Transactions Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The federal and state courts located in Los Angeles County, California shall have jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the jurisdiction of such courts and waives any right it may otherwise have to challenge the appropriateness of such forums, whether on the basis of the doctrine of forum non conveniens or otherwise. This Agreement constitutes the final and complete understanding between the you and Owner with respect to the Application and Owner is not obligated under any other agreements, including agreements between you and Distributor, unless they are in writing and signed by an authorized representative of Owner.
COPYRIGHT INFRINGEMENT POLICY. Owner respects the rights of all copyright holders and in this regard, Owner has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Owner’s Copyright Agent the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and (iv) information reasonably sufficient to permit Owner to locate the material; (v) your address, telephone number, and email address; (vi) a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vii) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Owner’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: ops@freeformlabs.xyz Attn: Copyright Agent. The Owner will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
NO WAIVER. Owner’s failure to assert or enforce any right contained in this Agreement shall not constitute a waiver of that right.
SEVERABILITY. To the extent any section, clause, provision or sentence or part thereof of this Agreement is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of this Agreement shall be given full force and effect.
MODIFICATIONS TO THIS AGREEMENT. Owner reserves the right to modify this Agreement at any time, and without prior notice. You understand and agree that if you use the Application after the date on which this Agreement has changed, Owner will treat your use as acceptance of the updated Agreement.