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END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY before installing
Qbike: Crypto Motorcycles (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 SANIN OLEG SERGEEVICH, RUSSIA SAINT-PETERSBURG
SESTRORETSKAYA STR. BUILDING 3 FLAT 36 (“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-aservice (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 RIGHTS3.1. The intellectual property rights for the Software Product belongs to Gexagon and shall be protected
under the Civil Code of Russian Federation, 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 “Nonwaiver” 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. INDEMNITY7.1. 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 EULA is governed and interpreted in all respects by the laws of Russian Federation, without
regard to or application of conflict of laws rules or principles. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly excluded.
9.2. The federal/magistrate’s courts residing in St. Petersburg, Russia shall have exclusive jurisdiction
over any dispute or claim arising out of this EULA.
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: September 12, 2017
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY before installing
Qbike: Crypto Motorcycles (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 SANIN OLEG SERGEEVICH, RUSSIA SAINT-PETERSBURG
SESTRORETSKAYA STR. BUILDING 3 FLAT 36 (“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-aservice (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 RIGHTS3.1. The intellectual property rights for the Software Product belongs to Gexagon and shall be protected
under the Civil Code of Russian Federation, 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 “Nonwaiver” 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. INDEMNITY7.1. 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 EULA is governed and interpreted in all respects by the laws of Russian Federation, without
regard to or application of conflict of laws rules or principles. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly excluded.
9.2. The federal/magistrate’s courts residing in St. Petersburg, Russia shall have exclusive jurisdiction
over any dispute or claim arising out of this EULA.
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: September 12, 2017