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End User License Agreement
This End User License Agreement (the “Agreement”) apply to you (“you”) when downloading and using the imos VR LOFT (the “Software”) and constitutes a binding agreement between you and imos AG, Planckstraße 24, 32052 Herford, Germany (“imos”) Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software. If you do not or cannot agree to the terms of this Agreement, please do not download or use the Software.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 13.
1. License Grant
imos grants you a cost free, personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Software on a device for your personal entertainment use (the “License”). The rights that imos grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.
2. License Conditions
You may not do any of the following with respect to the Software or any of its parts: (a) use it commercially or for a promotional purpose; (b) use it on more than one device at a time; (c) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or (i) use, export, or re-export it in violation of any applicable law or regulation.
3. Updates and Patches
imos may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software. imos may update the Software remotely without notifying you, and you hereby consent to imos applying patches, updates, and upgrades. imos may modify, suspend, discontinue, or limit your access to any aspect of the Software at any time. You acknowledge that your use of the Software does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software, including but not limited to any in-game rewards, achievements, or levels. You also acknowledge that any data related to your use of the Software may cease to be available to you at any time without notice from imos, including without limitation after a patch, update, or upgrade is applied by imos. imos does not have any maintenance or support obligations with respect to the Software.
4. Feedback
If you provide imos with any Feedback, you hereby grant imos a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that imos is not required to make any use of any Feedback that you provide. You agree that if imos makes use of your Feedback, imos is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to imos to grant imos and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
5. Ownership/Third Party Licenses
imos and its licensors own all title, ownership rights, and intellectual property rights in the Software. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by imos’s licensors. A list of credits for third party components may be found at the end of this EULA.
6. Disclaimers and Limitation of Liability
The Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. imos, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not imos knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, imos, its licensors, and its and their affiliates make no warranty that (1) the Software will operate properly, (2) that the Software will meet your requirements, (3) that the operation of the Software will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software can or will be corrected. imos, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither imos, nor its licensors, nor its or their affiliates, nor any of imos’s service providers (collectively, the “imos Parties”), shall be liable in any way for any loss of profits or any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the Software, even in the event of an imos Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an imos Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the imos Parties arising out of or in connection with this Agreement or the Software will not exceed the total amounts you have paid (if any) to imos for the Software during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.
7. Indemnity
You agree to indemnify, pay the defense costs of, and hold imos, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software. You agree to reimburse imos on demand for any defense costs incurred by imos and any payments made or loss suffered by imos, whether in a court judgment or settlement, based on any matter covered by this Section 7.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
8. Privacy
imos will not collect any user data in connection with the use of the Software.
9. Termination
Without limiting any other rights of imos, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.
Sections 2, 4-10, and 12-14 will survive any termination of this Agreement.
10. Governing Law and Jurisdiction
Any disputes regarding the interpretation or application of this Agreement shall be governed and construed in accordance with German laws and shall be exclusively settled by the courts of Germany. The Convention on Contracts for the International Sale of Goods will not apply.
11. Amendments of this Agreement
imos may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement when you next access the Software. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement and must stop using the Software. Your continued use of the Software will demonstrate your acceptance of the amended Agreement.
12. No Assignment
You may not, without the prior written consent of imos, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software. imos may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
13. Definitions
As used in this Agreement, the following capitalized words have the following meanings:
“Feedback” means any feedback or suggestions that you provide to imos regarding the Software or other imos products and services.
“Software” means the proprietary software application known as imos VR LOFT and any patches, updates, upgrades, and documentation for such application, made available to you by imos under this Agreement.
14. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and imos relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
Any act by imos to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
imos’s obligations are subject to existing laws and legal process, and imos may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
Third Party Software Notices
I. Unreal Engine
imos VR LOFT uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere
Unreal® Engine, Copyright 1998 – 2016, Epic Games, Inc. All rights reserved.
This End User License Agreement (the “Agreement”) apply to you (“you”) when downloading and using the imos VR LOFT (the “Software”) and constitutes a binding agreement between you and imos AG, Planckstraße 24, 32052 Herford, Germany (“imos”) Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software. If you do not or cannot agree to the terms of this Agreement, please do not download or use the Software.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 13.
1. License Grant
imos grants you a cost free, personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Software on a device for your personal entertainment use (the “License”). The rights that imos grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.
2. License Conditions
You may not do any of the following with respect to the Software or any of its parts: (a) use it commercially or for a promotional purpose; (b) use it on more than one device at a time; (c) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or (i) use, export, or re-export it in violation of any applicable law or regulation.
3. Updates and Patches
imos may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software. imos may update the Software remotely without notifying you, and you hereby consent to imos applying patches, updates, and upgrades. imos may modify, suspend, discontinue, or limit your access to any aspect of the Software at any time. You acknowledge that your use of the Software does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software, including but not limited to any in-game rewards, achievements, or levels. You also acknowledge that any data related to your use of the Software may cease to be available to you at any time without notice from imos, including without limitation after a patch, update, or upgrade is applied by imos. imos does not have any maintenance or support obligations with respect to the Software.
4. Feedback
If you provide imos with any Feedback, you hereby grant imos a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that imos is not required to make any use of any Feedback that you provide. You agree that if imos makes use of your Feedback, imos is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to imos to grant imos and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
5. Ownership/Third Party Licenses
imos and its licensors own all title, ownership rights, and intellectual property rights in the Software. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by imos’s licensors. A list of credits for third party components may be found at the end of this EULA.
6. Disclaimers and Limitation of Liability
The Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. imos, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not imos knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, imos, its licensors, and its and their affiliates make no warranty that (1) the Software will operate properly, (2) that the Software will meet your requirements, (3) that the operation of the Software will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software can or will be corrected. imos, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither imos, nor its licensors, nor its or their affiliates, nor any of imos’s service providers (collectively, the “imos Parties”), shall be liable in any way for any loss of profits or any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the Software, even in the event of an imos Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an imos Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the imos Parties arising out of or in connection with this Agreement or the Software will not exceed the total amounts you have paid (if any) to imos for the Software during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.
7. Indemnity
You agree to indemnify, pay the defense costs of, and hold imos, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software. You agree to reimburse imos on demand for any defense costs incurred by imos and any payments made or loss suffered by imos, whether in a court judgment or settlement, based on any matter covered by this Section 7.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
8. Privacy
imos will not collect any user data in connection with the use of the Software.
9. Termination
Without limiting any other rights of imos, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.
Sections 2, 4-10, and 12-14 will survive any termination of this Agreement.
10. Governing Law and Jurisdiction
Any disputes regarding the interpretation or application of this Agreement shall be governed and construed in accordance with German laws and shall be exclusively settled by the courts of Germany. The Convention on Contracts for the International Sale of Goods will not apply.
11. Amendments of this Agreement
imos may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement when you next access the Software. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement and must stop using the Software. Your continued use of the Software will demonstrate your acceptance of the amended Agreement.
12. No Assignment
You may not, without the prior written consent of imos, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software. imos may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
13. Definitions
As used in this Agreement, the following capitalized words have the following meanings:
“Feedback” means any feedback or suggestions that you provide to imos regarding the Software or other imos products and services.
“Software” means the proprietary software application known as imos VR LOFT and any patches, updates, upgrades, and documentation for such application, made available to you by imos under this Agreement.
14. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and imos relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
Any act by imos to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
imos’s obligations are subject to existing laws and legal process, and imos may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
Third Party Software Notices
I. Unreal Engine
imos VR LOFT uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere
Unreal® Engine, Copyright 1998 – 2016, Epic Games, Inc. All rights reserved.