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End User License Agreement
Cutlass
EULA Version: 1.0
Effective from: 1 July 2017
This End User License Agreement (“EULA”) governs the end user’s (“You” or “Your”) use of the software application known as “Cutlass”, together with all upgrades, patches, updates, materials, and related services (“Software”). This EULA is between You and Demigon Distribution Limited (“Demigon”).
By installing and/or using the Software, You agree to the terms and conditions set out in this EULA. If you do not agree to the terms and conditions of this EULA, you must permanently delete, and not install or use, the Software.
The Software is designed to operate on Your PC (“Device”) with an attached HTC Vive (“HTC Vive”). The minimum operating specification for your Device and HTC Vive is described at http://www.demigon.com/cutlass.
The Software uses virtual reality technology, which can present real world dangers and risk to You if used in an inappropriate environment. You must ensure that the real world environment that you are using the Software, Device and HTC Vive within presents no danger or risk to You. Virtual reality technology can cause users to experience disorientation, nausea, motion sickness, dizziness, eye strain and other similar symptoms. If any such symptoms are experienced, You must immediately stop using the Software.
If you have obtained the Software from a distribution platform or service authorised by Demigon (“Distribution Service”), the Distribution Service may have terms and conditions that apply to your use of the Distribution Service and/or software obtained from it. This EULA shall prevail to the extent of any conflict between the terms and conditions of the Distribution Service and this EULA.
1. License
Subject to You remaining in compliance with this EULA, remaining in compliance with any terms and conditions applicable to the Distribution Service and Your payment of any applicable licence or subscription fees, Demigon grants You a non-exclusive, worldwide, non-transferable, personal license (without the right to sublicense) to install and use the Software on one Device, for the duration of the subscription purchased from Demigon or the Distribution Service (“Subscription Period”).
2. License Restrictions
You agree to the following license restrictions: (a) to use the Software only for Your personal, non-commercial, use; (b) except to the extent permitted by applicable law, to not duplicate, copy or distribute the Software or any part of the Software; (c) to not sublicense, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose, copy, publish the Software for others to copy or otherwise exploit the Software or make the Software available to any third party; (d) to not copy the written materials included within or accompanying the Software; (e) to not modify, translate, make derivative works of, disassemble, decompile, recompile, or reverse engineer all or any part of the Software; (f) create any work around for any technical limitation of the Software; (g) to preserve all copyright and other proprietary rights notices on the Software and all copies thereof; (h) to comply with all applicable laws, rules and regulations while using the Software.
3. Intellectual Property
Demigon owns or licenses the Software. The Software is licensed, not sold, to You.
You acknowledge that no title to any intellectual property in the Software is transferred to You. You further acknowledge that title and full ownership rights to the Software (including but not limited to any object or source code, images, photographs, animations, video, audio, music, text and other works, incorporated into the Software), and any copies (whether permitted or not) thereof will remain owned by Demigon and/or its licensors. You will not acquire any rights in or to the Software, except as expressly set out within this EULA.
All trademarks appearing in the Software are the property of their respective owners.
4. Third Party Software
The Software may contain third party and open source components, which are licensed pursuant to separate terms and conditions, which if applicable are available at http://www.demigon.com/cutlass (“Third Party License Terms”). By agreeing to this EULA you also agree to comply with the Third Party License Terms.
5. In app purchases
The Software does not include in app or in game purchases, however these features may be added in future via an update or upgrade.
6. Access
You consent to the Software sending information in relation to the operation and use of the Software to Demigon from time to time. Demigon and/or a Distribution Service may manage the use of the Software by using digital rights management.
7. Privacy
You agree that Demigon may collect, use and disclose the Your personal information for purposes related to Your dealings with Demigon including but not limited to the supply of the Software, direct marketing, provision of information about the Software, updates, upgrades, patches, services, support, customer service and queries. If You are an individual, You have rights under the New Zealand Privacy Act 1993 (or its successor legislation) to access any personal information that Demigon holds and to request the correction of such personal information.
Subject to any opt-out received from You at any time, You consent to receiving commercial electronic messages from Demigon.
8. Updates, Upgrades and Patches
Demigon is not obligated to provide any updates, upgrades, patches or support in relation to the Software. Demigon may remove functionality, cease any support provided, remove the Software from any Distribution Platform, and/or terminate or cease to allow You with access to the Software, at any time without notice to You.
9. No Warranty
Your use of the Software is at Your own risk.
To the extent permitted by applicable law, the Software is provided on an “as is” basis, with all errors and faults, and without warranty of any kind. To the extent permitted by applicable law, Demigon hereby disclaims all guarantees, warranties and conditions with respect to the Software, whether express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, ownership, and non-infringement of third party rights.
To the extent permitted by applicable law, Demigon does not warrant that the functions contained in, performed or provided by, the Software will meet Your requirements, that the operation of the Software will be uninterrupted or error-free, that defects in the Software will be corrected, or that the Software will be compatible with any particular hardware or with any other software. To the extent permitted by applicable law, Demigon assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication or data.
Some jurisdictions do not allow the exclusion or limitation of implied guarantees, warranties or conditions of a consumer. In such case, this clause 10 shall be modified to the minimum extent permitted by applicable law.
10. Termination
This EULA is effective until the earlier of the expiry of Your Subscription Period or the termination of this EULA. This EULA shall automatically, without notice to You, terminate if You fail to comply with any term(s) of this EULA. In addition to the above, Demigon may terminate this EULA by providing at least 14 days’ notice in writing to You. Upon termination or expiry of this EULA, You shall immediately cease use of the Software, and subject to applicable law permanently, permanently delete the Software from the Device, HTC Vive, and all copies, full or partial, of the Software in your possession or control.
11. Liability
Subject to applicable law, Demigon shall not be liable to You for any direct loss, personal injury, damage, loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by either You or any third party resulting from use of the Software, any prior misrepresentation, breach of this EULA, or other dispute arising out of this EULA, whether contemplated by this EULA or not, and whether actionable in contract, tort (including negligence), equity or otherwise. In the event that Demigon is found liable for any loss set out in this clause, such liability shall be limited in aggregate to $19.99USD, and is inclusive of all liability pursuant to this EULA.
Some jurisdictions do not allow the exclusion or limitation of liability in the manner set out in this clause 12. In such case, this clause 12 shall be modified to the minimum extent permitted by applicable law.
12. Indemnification By You
You shall indemnify Demigon in respect of all liabilities, costs (including full costs between solicitor and client), claims or demands made by any third party, arising out of or incidental to Your breach of this EULA, or arising out of Your use of the Software.
13. Variations
Demigon may vary or update this EULA from time to time, by drawing Your attention to the varied or updated EULA. Your continued use of the Software constitutes Your acceptance of the varied or updated EULA.
14. Miscellaneous
Injunctive Relief: Demigon has the right to seek injunctive relief to enforce this EULA or to stop or prevent an infringement of proprietary or other third-party rights.
Governing Law: This EULA shall be governed and interpreted in accordance with New Zealand law, and the New Zealand courts shall have the non-exclusive jurisdiction to determine any dispute related to or arising out of this EULA. If You are located outside New Zealand, Your local laws shall only apply in addition to New Zealand law to the extent that they cannot be contracted out of, and then only to the minimum extent permitted.
Export: You accept that the Software may be subject to export laws and regulations, both national and international. You must comply with the laws that apply to your use of the Software. These laws may apply restrictions on destinations, users and end use of the Software.
Non-Waiver: Demigon’s failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision.
Severability: The parties agree that each provision of this EULA is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this EULA is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this EULA and not affect the validity and enforceability of any remaining provisions.
Assignment: You may not assign or transfer Your rights or obligations under this EULA to any third party. Any attempted assignment or transfer of your rights or obligations shall be void. Demigon may assign its rights or obligations under this EULA without notice to You.
Contact: Demigon may be contacted at contact@demigon.com.
Entire Agreement: This EULA constitutes the entire agreement between You and Demigon regarding the use of the Software and supersedes any prior or contemporaneous understandings and agreements between You and Demigon related to its subject matter.
Cutlass
EULA Version: 1.0
Effective from: 1 July 2017
This End User License Agreement (“EULA”) governs the end user’s (“You” or “Your”) use of the software application known as “Cutlass”, together with all upgrades, patches, updates, materials, and related services (“Software”). This EULA is between You and Demigon Distribution Limited (“Demigon”).
By installing and/or using the Software, You agree to the terms and conditions set out in this EULA. If you do not agree to the terms and conditions of this EULA, you must permanently delete, and not install or use, the Software.
The Software is designed to operate on Your PC (“Device”) with an attached HTC Vive (“HTC Vive”). The minimum operating specification for your Device and HTC Vive is described at http://www.demigon.com/cutlass.
The Software uses virtual reality technology, which can present real world dangers and risk to You if used in an inappropriate environment. You must ensure that the real world environment that you are using the Software, Device and HTC Vive within presents no danger or risk to You. Virtual reality technology can cause users to experience disorientation, nausea, motion sickness, dizziness, eye strain and other similar symptoms. If any such symptoms are experienced, You must immediately stop using the Software.
If you have obtained the Software from a distribution platform or service authorised by Demigon (“Distribution Service”), the Distribution Service may have terms and conditions that apply to your use of the Distribution Service and/or software obtained from it. This EULA shall prevail to the extent of any conflict between the terms and conditions of the Distribution Service and this EULA.
1. License
Subject to You remaining in compliance with this EULA, remaining in compliance with any terms and conditions applicable to the Distribution Service and Your payment of any applicable licence or subscription fees, Demigon grants You a non-exclusive, worldwide, non-transferable, personal license (without the right to sublicense) to install and use the Software on one Device, for the duration of the subscription purchased from Demigon or the Distribution Service (“Subscription Period”).
2. License Restrictions
You agree to the following license restrictions: (a) to use the Software only for Your personal, non-commercial, use; (b) except to the extent permitted by applicable law, to not duplicate, copy or distribute the Software or any part of the Software; (c) to not sublicense, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose, copy, publish the Software for others to copy or otherwise exploit the Software or make the Software available to any third party; (d) to not copy the written materials included within or accompanying the Software; (e) to not modify, translate, make derivative works of, disassemble, decompile, recompile, or reverse engineer all or any part of the Software; (f) create any work around for any technical limitation of the Software; (g) to preserve all copyright and other proprietary rights notices on the Software and all copies thereof; (h) to comply with all applicable laws, rules and regulations while using the Software.
3. Intellectual Property
Demigon owns or licenses the Software. The Software is licensed, not sold, to You.
You acknowledge that no title to any intellectual property in the Software is transferred to You. You further acknowledge that title and full ownership rights to the Software (including but not limited to any object or source code, images, photographs, animations, video, audio, music, text and other works, incorporated into the Software), and any copies (whether permitted or not) thereof will remain owned by Demigon and/or its licensors. You will not acquire any rights in or to the Software, except as expressly set out within this EULA.
All trademarks appearing in the Software are the property of their respective owners.
4. Third Party Software
The Software may contain third party and open source components, which are licensed pursuant to separate terms and conditions, which if applicable are available at http://www.demigon.com/cutlass (“Third Party License Terms”). By agreeing to this EULA you also agree to comply with the Third Party License Terms.
5. In app purchases
The Software does not include in app or in game purchases, however these features may be added in future via an update or upgrade.
6. Access
You consent to the Software sending information in relation to the operation and use of the Software to Demigon from time to time. Demigon and/or a Distribution Service may manage the use of the Software by using digital rights management.
7. Privacy
You agree that Demigon may collect, use and disclose the Your personal information for purposes related to Your dealings with Demigon including but not limited to the supply of the Software, direct marketing, provision of information about the Software, updates, upgrades, patches, services, support, customer service and queries. If You are an individual, You have rights under the New Zealand Privacy Act 1993 (or its successor legislation) to access any personal information that Demigon holds and to request the correction of such personal information.
Subject to any opt-out received from You at any time, You consent to receiving commercial electronic messages from Demigon.
8. Updates, Upgrades and Patches
Demigon is not obligated to provide any updates, upgrades, patches or support in relation to the Software. Demigon may remove functionality, cease any support provided, remove the Software from any Distribution Platform, and/or terminate or cease to allow You with access to the Software, at any time without notice to You.
9. No Warranty
Your use of the Software is at Your own risk.
To the extent permitted by applicable law, the Software is provided on an “as is” basis, with all errors and faults, and without warranty of any kind. To the extent permitted by applicable law, Demigon hereby disclaims all guarantees, warranties and conditions with respect to the Software, whether express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, ownership, and non-infringement of third party rights.
To the extent permitted by applicable law, Demigon does not warrant that the functions contained in, performed or provided by, the Software will meet Your requirements, that the operation of the Software will be uninterrupted or error-free, that defects in the Software will be corrected, or that the Software will be compatible with any particular hardware or with any other software. To the extent permitted by applicable law, Demigon assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication or data.
Some jurisdictions do not allow the exclusion or limitation of implied guarantees, warranties or conditions of a consumer. In such case, this clause 10 shall be modified to the minimum extent permitted by applicable law.
10. Termination
This EULA is effective until the earlier of the expiry of Your Subscription Period or the termination of this EULA. This EULA shall automatically, without notice to You, terminate if You fail to comply with any term(s) of this EULA. In addition to the above, Demigon may terminate this EULA by providing at least 14 days’ notice in writing to You. Upon termination or expiry of this EULA, You shall immediately cease use of the Software, and subject to applicable law permanently, permanently delete the Software from the Device, HTC Vive, and all copies, full or partial, of the Software in your possession or control.
11. Liability
Subject to applicable law, Demigon shall not be liable to You for any direct loss, personal injury, damage, loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by either You or any third party resulting from use of the Software, any prior misrepresentation, breach of this EULA, or other dispute arising out of this EULA, whether contemplated by this EULA or not, and whether actionable in contract, tort (including negligence), equity or otherwise. In the event that Demigon is found liable for any loss set out in this clause, such liability shall be limited in aggregate to $19.99USD, and is inclusive of all liability pursuant to this EULA.
Some jurisdictions do not allow the exclusion or limitation of liability in the manner set out in this clause 12. In such case, this clause 12 shall be modified to the minimum extent permitted by applicable law.
12. Indemnification By You
You shall indemnify Demigon in respect of all liabilities, costs (including full costs between solicitor and client), claims or demands made by any third party, arising out of or incidental to Your breach of this EULA, or arising out of Your use of the Software.
13. Variations
Demigon may vary or update this EULA from time to time, by drawing Your attention to the varied or updated EULA. Your continued use of the Software constitutes Your acceptance of the varied or updated EULA.
14. Miscellaneous
Injunctive Relief: Demigon has the right to seek injunctive relief to enforce this EULA or to stop or prevent an infringement of proprietary or other third-party rights.
Governing Law: This EULA shall be governed and interpreted in accordance with New Zealand law, and the New Zealand courts shall have the non-exclusive jurisdiction to determine any dispute related to or arising out of this EULA. If You are located outside New Zealand, Your local laws shall only apply in addition to New Zealand law to the extent that they cannot be contracted out of, and then only to the minimum extent permitted.
Export: You accept that the Software may be subject to export laws and regulations, both national and international. You must comply with the laws that apply to your use of the Software. These laws may apply restrictions on destinations, users and end use of the Software.
Non-Waiver: Demigon’s failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision.
Severability: The parties agree that each provision of this EULA is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this EULA is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this EULA and not affect the validity and enforceability of any remaining provisions.
Assignment: You may not assign or transfer Your rights or obligations under this EULA to any third party. Any attempted assignment or transfer of your rights or obligations shall be void. Demigon may assign its rights or obligations under this EULA without notice to You.
Contact: Demigon may be contacted at contact@demigon.com.
Entire Agreement: This EULA constitutes the entire agreement between You and Demigon regarding the use of the Software and supersedes any prior or contemporaneous understandings and agreements between You and Demigon related to its subject matter.