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Wheelchair Simulator (the “Game”) completed April 12, 2018
Please read this end user software license agreement (“EULA”) carefully before installing the Game. The EULA is a legal agreement between you and Vira Games Inc. (“Vira Games”), which describes the terms and conditions for using the Game. It also incorporates our privacy policy. Please read it through thoroughly, and IF YOU AGREE TO BE BOUND BY THE EULA, PLEASE CLICK THE “I AGREE” BUTTON BELOW at which point the Game will be installed and you will be granted a license to play and use the Game yourself on your device as set out in paragraph 1.
We do not like reading legal agreements any more than you do, therefore, we have tried to keep the EULA as short as possible. It is important to note that if you break any of the rules, we may stop you from using the Game. If you are installing, copying, and/or otherwise using the Game, then you are agreeing to be bound by the EULA. A few matters in the EULA are more important than others, please read these with special attention. First, WE TAKE YOUR PRIVACY VERY SERIOUSLY, SO WE HAVE IN DETAIL DESCRIBED IN PARAGRAPH 5 HOW WE COLLECT AND USE YOUR PERSONAL IDENTIFIABLE INFORMATION. Second, PLEASE SEE PARAGRAPH 7 REGARDING LIMITED WARRANTY AND EXCLUSIONS.
The EULA and the license grant is without prejudice to any other terms and conditions governing your use of any third party proprietary product.
1. LICENSE GRANT. As long as you are in compliance with the EULA, Vira Games grants you a non-exclusive right and limited license to
(i) install and use one copy of the Game onto a single hard drive under your custody for your own domestic use;
(ii) transfer the Game from one hard drive to another provided that the Game is only used on one hard drive at any time and that the hard drive is in your custody and for your own domestic use;
(iii) transfer the Game (complete with all components and documentation) and the benefit of the EULA to another person provided such person has agreed to accept the EULA and you contemporaneously transfer any permitted copies of the Game you may have made to that person or destroy all copies of the Game not transferred.
All rights not expressly granted are to the maximum extent permitted by law reserved to Vira Games and its licensors. Your rights to use the Game under the EULA are strictly conditional upon your observance of the terms and conditions contained in the EULA. Vira Games retains ownership of the Game.
In some cases, your rights to use the Game may be subject to a limitation on the number of activations or registrations of the Game as advised at the time of sale or on the packaging for the Game. In such a case, your ability to transfer the Game in the manner permitted above may not be possible where the maximum number of activations of the Game as are permitted has been reached.
2. RESTRICTIONS. Except where the EULA or applicable law states otherwise, you may not: (i) make any commercial use of the Game; (ii) distribute the Game, including but not limited to renting, sub-licensing, and loaning; (iii) use the Game on more than one personal device at the same time; (iv) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based the Game; (v) remove, disable or circumvent any security protections or any technical measures that control access to the Game; (vi) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game; (vii) export or re-export the Game; or (viii) create data or executable programs that mimic data or functionality in the Game.
3. ONLINE. The Game may provide you access to certain online features and functionality associated with the Game (“Online Features”). The Online Features requires an internet connection and may be subject to additional fees, a registration process including acceptance of additional terms and conditions, and other restrictions. The Online Features availability are not guaranteed in any way.
4. CONSENT TO COLLECTION OF YOUR DATA. Vira Games may collect anonymous, non-personally identifiable information from your use of the Game.
5. CONSENT TO COLLECTION OF YOUR PERSONAL IDENTIFIABLE INFORMATION. By agreeing to the EULA, you allow Vira Games and its affiliates to collect, store, process, distribute and publicly display certain data that you provide to us, concerning your use of the Game and your internet protocol (I.P.) address. This data may include your user name, gamer tag, scores, rankings, results, achievements, profile image and any other personal profile information which you may choose to make available for other players to see.
Any information which personally identifies you used in accordance with Vira Games latest privacy policy, which are located at following websites:
Privacy Policy - www.viragames.com/privacy-policy
IF THERE IS ANY CONFLICT BETWEEN THIS PARAGRAPH 5 AND VIRA GAMES PRIVACY POLICY, THEN THE APPLICABLE PRIVACY POLICY SHALL CONTROL.
6. TERMINATION. Vira Games may terminate the EULA immediately without notice if you fail to comply with the terms and conditions herein. If terminated, you must destroy all copies of the Game and all its components. You may terminate the EULA by destroying all copies of the Game and uninstalling it from your hard drive.
Provisions regarding disclaimers and warranties, limitations of liability, remedies, damages, Vira Games proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.
7. LIMITED WARRANTY AND EXCLUSIONS. This paragraph is an addition to and not affecting your statutory rights, which cannot be excluded or limited under applicable law. Where the Game is recorded on a physical medium supplied by Vira Games, Vira Games warrants to the original consumer purchaser of the Game that the physical medium will be free from material defects for a period of ninety days from the date of purchase. In case of material defects of the physical medium, Vira Games may choose to either (i) return the purchase price paid for the Game, or (ii) replace free of charge the Game. You must return the original physical medium in its original condition and packaging to the point of purchase, and a copy of the original sales receipt or other dated proof of purchase and provide a statement describing the defects, and a return address (the “Required Material”). Where this is not possible, the Required Material must be returned to Vira Games at its registered address accompanying information regarding where the Game was purchased.
The limited warranty above is void and shall not apply to media, which has been subject to any kind of misuse. Any replacement of the Game will be warranted for the remainder of the original warranty period or thirty days, whichever is longer.
THE LIMITED WARRANTY ABOVE DOES NOT APPLY TO THE GAMES THEMSELVES WHICH ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRA GAMES AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, VIRA GAMES DOES NOT WARRANT THAT THE GAME IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IN INTERACTIVE WILL REPAIR ANY ERRORS IN THE GAME. VIRA GAMES FURTHER DOES NOT WARRANT THAT THE GAME WILL OPERATE ON ALL TYPES OF DEVICES. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (I) IN NO EVENT SHALL VIRA GAMES OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF VIRA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (A) ANY DAMAGE TO YOUR DEVICE, DATA, OR SOFTWARE, OR (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE RESIDES WITH YOU; (II) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF VIRA GAMES AND ITS LICENSORS UNDER OR IN RELATION TO THE EULA OR THE USE OF ATTEMPTED USE OF THE GAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
Nothing in the EULA shall limited or exclude Vira Games liability to you in negligence for death or personal injury to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 8. Nothing in this paragraph 8 shall affect your statutory rights as a consumer, which under the applicable law are not capable of exclusion or limitation. These statutory rights may vary from jurisdiction to jurisdiction.
You understand that the Game may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to the EULA or otherwise shall arise.
8. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Delaware, as such law is applied to agreements between Delaware residents entered into and to be performed within Delaware, except as governed by federal law. Unless expressly waived by Vira Games in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Vira Games principal corporate place of business (New Castle County, Delaware, U.S.A.). You and Vira Games consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Delaware state or federal law. You and Vira Games agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement. However, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident.
9. INJUNCTION. Vira Games would be irreparably damaged if the terms of the EULA are not met, therefore, you agree that we shall be entitled to – without bond or other security or proof of damages – to take action as may be required, including without limitation the right to seek an injunction and other equitable remedies in addition to any other remedies available to us under applicable law.
10. INDEMNITY. You agree to indemnify and hold harmless Vira Games, its partners, affiliates, contractors, licensors, officers, directors, employees, and agents from all claims, damages, costs and expenses including legal fees arising directly or indirectly from your acts of omissions in connection with using the Game or any breach by you of the terms of the EULA.
11. MISCELLANEOUS. The EULA together with any other agreements, policies or other documents expressly referred to in the EULA constitutes the entire agreement between you and Vira Games with respect to the license and use of the Game and supersedes all prior or contemporaneous understandings. Without prejudice to the provisions in this paragraph, no amendment or modification of the EULA will be binding unless made in writing and signed by a duly authorized representative of Vira Games.
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game and any related documentation) are owned by Vira Games or its licensors.
Vira Games reserves the right to amend the EULA at any time at its sole discretion and will post such changes on its website and/or will communicate such changes to you via the digital rights management system used to protect the content of the Game such as, where applicable, the Steam service where Steam software is used for such purpose. If any such future changes to the EULA are unacceptable to you or cause you to no longer be in compliance with the EULA, then you may terminate the EULA in accordance with the above Termination-paragraph. Your continued use of the Game following notice of changes to the EULA will constitute your acceptance of any and all such changes to the terms of the EULA.
If any court or competent authority finds that any provision of the EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the EULA shall not be affected.
Please read this end user software license agreement (“EULA”) carefully before installing the Game. The EULA is a legal agreement between you and Vira Games Inc. (“Vira Games”), which describes the terms and conditions for using the Game. It also incorporates our privacy policy. Please read it through thoroughly, and IF YOU AGREE TO BE BOUND BY THE EULA, PLEASE CLICK THE “I AGREE” BUTTON BELOW at which point the Game will be installed and you will be granted a license to play and use the Game yourself on your device as set out in paragraph 1.
We do not like reading legal agreements any more than you do, therefore, we have tried to keep the EULA as short as possible. It is important to note that if you break any of the rules, we may stop you from using the Game. If you are installing, copying, and/or otherwise using the Game, then you are agreeing to be bound by the EULA. A few matters in the EULA are more important than others, please read these with special attention. First, WE TAKE YOUR PRIVACY VERY SERIOUSLY, SO WE HAVE IN DETAIL DESCRIBED IN PARAGRAPH 5 HOW WE COLLECT AND USE YOUR PERSONAL IDENTIFIABLE INFORMATION. Second, PLEASE SEE PARAGRAPH 7 REGARDING LIMITED WARRANTY AND EXCLUSIONS.
The EULA and the license grant is without prejudice to any other terms and conditions governing your use of any third party proprietary product.
1. LICENSE GRANT. As long as you are in compliance with the EULA, Vira Games grants you a non-exclusive right and limited license to
(i) install and use one copy of the Game onto a single hard drive under your custody for your own domestic use;
(ii) transfer the Game from one hard drive to another provided that the Game is only used on one hard drive at any time and that the hard drive is in your custody and for your own domestic use;
(iii) transfer the Game (complete with all components and documentation) and the benefit of the EULA to another person provided such person has agreed to accept the EULA and you contemporaneously transfer any permitted copies of the Game you may have made to that person or destroy all copies of the Game not transferred.
All rights not expressly granted are to the maximum extent permitted by law reserved to Vira Games and its licensors. Your rights to use the Game under the EULA are strictly conditional upon your observance of the terms and conditions contained in the EULA. Vira Games retains ownership of the Game.
In some cases, your rights to use the Game may be subject to a limitation on the number of activations or registrations of the Game as advised at the time of sale or on the packaging for the Game. In such a case, your ability to transfer the Game in the manner permitted above may not be possible where the maximum number of activations of the Game as are permitted has been reached.
2. RESTRICTIONS. Except where the EULA or applicable law states otherwise, you may not: (i) make any commercial use of the Game; (ii) distribute the Game, including but not limited to renting, sub-licensing, and loaning; (iii) use the Game on more than one personal device at the same time; (iv) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based the Game; (v) remove, disable or circumvent any security protections or any technical measures that control access to the Game; (vi) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game; (vii) export or re-export the Game; or (viii) create data or executable programs that mimic data or functionality in the Game.
3. ONLINE. The Game may provide you access to certain online features and functionality associated with the Game (“Online Features”). The Online Features requires an internet connection and may be subject to additional fees, a registration process including acceptance of additional terms and conditions, and other restrictions. The Online Features availability are not guaranteed in any way.
4. CONSENT TO COLLECTION OF YOUR DATA. Vira Games may collect anonymous, non-personally identifiable information from your use of the Game.
5. CONSENT TO COLLECTION OF YOUR PERSONAL IDENTIFIABLE INFORMATION. By agreeing to the EULA, you allow Vira Games and its affiliates to collect, store, process, distribute and publicly display certain data that you provide to us, concerning your use of the Game and your internet protocol (I.P.) address. This data may include your user name, gamer tag, scores, rankings, results, achievements, profile image and any other personal profile information which you may choose to make available for other players to see.
Any information which personally identifies you used in accordance with Vira Games latest privacy policy, which are located at following websites:
Privacy Policy - www.viragames.com/privacy-policy
IF THERE IS ANY CONFLICT BETWEEN THIS PARAGRAPH 5 AND VIRA GAMES PRIVACY POLICY, THEN THE APPLICABLE PRIVACY POLICY SHALL CONTROL.
6. TERMINATION. Vira Games may terminate the EULA immediately without notice if you fail to comply with the terms and conditions herein. If terminated, you must destroy all copies of the Game and all its components. You may terminate the EULA by destroying all copies of the Game and uninstalling it from your hard drive.
Provisions regarding disclaimers and warranties, limitations of liability, remedies, damages, Vira Games proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.
7. LIMITED WARRANTY AND EXCLUSIONS. This paragraph is an addition to and not affecting your statutory rights, which cannot be excluded or limited under applicable law. Where the Game is recorded on a physical medium supplied by Vira Games, Vira Games warrants to the original consumer purchaser of the Game that the physical medium will be free from material defects for a period of ninety days from the date of purchase. In case of material defects of the physical medium, Vira Games may choose to either (i) return the purchase price paid for the Game, or (ii) replace free of charge the Game. You must return the original physical medium in its original condition and packaging to the point of purchase, and a copy of the original sales receipt or other dated proof of purchase and provide a statement describing the defects, and a return address (the “Required Material”). Where this is not possible, the Required Material must be returned to Vira Games at its registered address accompanying information regarding where the Game was purchased.
The limited warranty above is void and shall not apply to media, which has been subject to any kind of misuse. Any replacement of the Game will be warranted for the remainder of the original warranty period or thirty days, whichever is longer.
THE LIMITED WARRANTY ABOVE DOES NOT APPLY TO THE GAMES THEMSELVES WHICH ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRA GAMES AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, VIRA GAMES DOES NOT WARRANT THAT THE GAME IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IN INTERACTIVE WILL REPAIR ANY ERRORS IN THE GAME. VIRA GAMES FURTHER DOES NOT WARRANT THAT THE GAME WILL OPERATE ON ALL TYPES OF DEVICES. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (I) IN NO EVENT SHALL VIRA GAMES OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF VIRA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (A) ANY DAMAGE TO YOUR DEVICE, DATA, OR SOFTWARE, OR (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE RESIDES WITH YOU; (II) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF VIRA GAMES AND ITS LICENSORS UNDER OR IN RELATION TO THE EULA OR THE USE OF ATTEMPTED USE OF THE GAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
Nothing in the EULA shall limited or exclude Vira Games liability to you in negligence for death or personal injury to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 8. Nothing in this paragraph 8 shall affect your statutory rights as a consumer, which under the applicable law are not capable of exclusion or limitation. These statutory rights may vary from jurisdiction to jurisdiction.
You understand that the Game may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to the EULA or otherwise shall arise.
8. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Delaware, as such law is applied to agreements between Delaware residents entered into and to be performed within Delaware, except as governed by federal law. Unless expressly waived by Vira Games in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Vira Games principal corporate place of business (New Castle County, Delaware, U.S.A.). You and Vira Games consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Delaware state or federal law. You and Vira Games agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement. However, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident.
9. INJUNCTION. Vira Games would be irreparably damaged if the terms of the EULA are not met, therefore, you agree that we shall be entitled to – without bond or other security or proof of damages – to take action as may be required, including without limitation the right to seek an injunction and other equitable remedies in addition to any other remedies available to us under applicable law.
10. INDEMNITY. You agree to indemnify and hold harmless Vira Games, its partners, affiliates, contractors, licensors, officers, directors, employees, and agents from all claims, damages, costs and expenses including legal fees arising directly or indirectly from your acts of omissions in connection with using the Game or any breach by you of the terms of the EULA.
11. MISCELLANEOUS. The EULA together with any other agreements, policies or other documents expressly referred to in the EULA constitutes the entire agreement between you and Vira Games with respect to the license and use of the Game and supersedes all prior or contemporaneous understandings. Without prejudice to the provisions in this paragraph, no amendment or modification of the EULA will be binding unless made in writing and signed by a duly authorized representative of Vira Games.
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game and any related documentation) are owned by Vira Games or its licensors.
Vira Games reserves the right to amend the EULA at any time at its sole discretion and will post such changes on its website and/or will communicate such changes to you via the digital rights management system used to protect the content of the Game such as, where applicable, the Steam service where Steam software is used for such purpose. If any such future changes to the EULA are unacceptable to you or cause you to no longer be in compliance with the EULA, then you may terminate the EULA in accordance with the above Termination-paragraph. Your continued use of the Game following notice of changes to the EULA will constitute your acceptance of any and all such changes to the terms of the EULA.
If any court or competent authority finds that any provision of the EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the EULA shall not be affected.