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LICENSE AGREEMENT FOR WALKIN VR PROGRAM
§ 1 THE SUBJECT MATTER OF THE AGREEMENT
1. The subject matter herof is WALKIN VR computer program which offers functionality enabling disabled persons who cannot move (eg. persons on wheelchairs) and/or persons with upper-limb disability to move within virtual reality programs (VR) without any technical limitations which may result from the above-described disabilities by substituting the activities which these persons cannot carry out there by themselves with additional moves of VR console controllers (hereinafter referred to as: "the Program").
2. This license shall be imperatively read before using this Program as placing an order for the license and/or using thereof shall be unequivocally understood as an unconditional and unreserved acceptance of this person (hereinafter referred to as "the User") to be bound by the provisions hereof. Should there be no acceptance for the provisions hereof, it is forbidden to use the Program.
3. The Program is a piece of work protected by law, i.e. the Act of 4th February 1994 (as amended) on Copyright and Related Rights, the Directive 2009/24/EC of the European Parliament and of the Council of 23rd April 2009 on the legal protection of computer programs, World Intellectual Property Organization Copyright Treaty of 20th December 1996 and the Berne Convention for the Protection of Literary and Artistic Works drawn up in Paris on 24th July 1971.
4. The protection of the Program stipulated in the acts referred to in § 1 (3) shall not limit the protection of the Program and/or its parts which results and/or may result from other provisions of law, in particular those which protect other than computer program copyrights and/or aim at combating unfair competition.
5. The party to the agreement entered into with the User is Grzegorz Bednarski conducting business under the name 2MW Grzegorz Bednarski, ul. Owczarska 34, 54-020 Wrocław, Poland (hereinafter referred to as "the Licenser")
6. The Licenser hereby acknowledges they are vested with full proprietary copyrights to the Program.
7. The User hereby acknowledges they are entitled to enter into this agreement on their own in accordance with the proper provisions of law. It refers in particular to the persons entering into this agreement on behalf of legal persons and/or other organizational units (vide § 3 (1)).
8. The User hereby acknowledges they do not use standard contracts with content contradictory to the content hereof and if such standard contracts were used by them, they acknowledge and agree that for the sake of this agreement, the provisions hereof shall prevail.
9. If a third party submits any claims against the Licensee due to the circumstances referred to in § 1 (6) the Licensee shall immediately (no later than within 3 business days) notify the Licensor of such claims and request the Licensor to state its position on such claims and, in the event of a judicial dispute in this respect, request the Licensor to intervene in such dispute on the side of the Licensee. Licensor undertakes to answer the claims and to intervene in the dispute. The Licensee will not acknowledge any claims of third parties or conclude any settlement in this respect without the prior consent of the Licensor.
§ 2 TYPES OF LICENSE
1. There are 3 types of licenses issued for the Program (collectively referred to as a “license”):
a. a free license (“Free license”). The Program may be distributed at no additional charge while other options require payment before they can be accesses (Premium license and Professional license). Free license incorporates advertising or other promotional messages. By using Free license you grant to us the right to provide advertising and other information to you and to allow our business partners to do the same. If you use a Free license for commercial purposes, access to it is limited to two weeks.
b. a fee-based license for private persons (“Premium license”) – solely for private individuals who purchase license with their own funds and solely for their own use. Premium license does not incorporate advertising or other promotional messages
c. a fee-based license for commercial purposes (“Professional license”). Professional license is dedicated to organizations and business entities who purchase license. The team, department or company wide may use the Program. Professional license does not incorporate advertising or other promotional messages
2. The Professional license can be obtained through the website https://www.walkinvrdriver.com/ (“website”) or directly through Steam store. The Free license and Premium license can be obtained through Steam store.
3. You may purchase a Premium license through a Steam by paying a fee plus applicable taxes in advance as indicated on Steam.
4. You may purchase a Professional license directly from the website or through a Steam by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
5. In the case of purchasing a license through the website, a key for activation of the program on Steam is sent after the purchase.
6. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
7. The Licenser may from time to time make changes to paid licenses, including recurring subscription fees and will communicate any price changes to you in advance.
8. The User of Professional license shall authorize the Licenser to issue VAT invoices without the signature and in an electronic form.
§ 3 THE SCOPE OF THE LICENSE
1. The license which is granted to the User to use the Program shall be:
a. limited,
b. personal (it authorizes exclusively the User of Premium license to use the Program for non-commercial purposes only and the User of Professional license to use the Program for commercial purposes only, a Free license may be used both commercial (limited to two weeks period) and non-commercial purposes),
c. unlimited when it comes to territory (the Program may be used worldwide),
d. inalienable, revocable, non-transferable to other entities and shall not authorize to grant sublicenses (neither for a fee nor free of charge),
e. non-exclusive (the Licenser may grant it also to other entities),
f. for a Free license – a free of charge license,
g. for a Premium license an Professional license – a fee based license,
2. Under no circumstances shall this license transfer the proprietary rights to the User, it shall exclusively authorize the use of the Program within specified scope and in accordance with the established terms and conditions.
3. The User may use the Program in accordance with its intended use - subject to § 3 (4) - in the fields of use which include entering into computer memory, installation, launching, use of available functionalities, storing and updating (with updates made available by the Licenser).
4. The above-described rights are vested exclusively in the User who has placed an order and they may exercise them on a computer (a work station) which is not a computer network server,. The User may temporarily use the Program on another computer on condition that the Program is uninstalled from the previous computer. In every case the User shall undertake all the activities required to make it impossible for third parties to use the Program. It shall include in particular uninstallation of the Program from the computer on which it was used temporarily in accordance with the second sentence.
5. The license shall not include other fields of use than those listed directly in § 3 (3) In particular, the User shall not be authorized to permanently or temporarily reproduce the Program by any means and in any form, in part or in whole, distribute, including rental or lending of the Program, translate, adapt, arrange and alter the Program in any other way, make the Program or the copy thereof available to third persons, enter the Program into any data communication network (eg. the Internet) and make it available via such a network, store the Program in ICT Cloud, install the Program in the memory of a computer which is an internal or external computer network server or in such a network which enables the persons who use more than one computer to use the Program, decompile, disassemble or perform other similar activities (eg. reverse engineering) etc.
6. The Licensee agrees to provide the Licensor with comments regarding the Program in order to improve its operation and its development.
7. The Licensee may not remove or obscure the trademarks placed on the Program.
8. The Licensee is not permitted to modify the source code of the Program or interfere with its content in any way.
9. The Licensee may not sublicense the Software without the Licensor's consent (expressed in writing under pain of invalidity).
§ 3 LICENSEE’S REPRESENTATIONS
1. Licensee acknowledges that the Program is designed to work with games purchased on the Steam or Webisite. Licensee is aware that the Program is not suitable for stand-alone use, i.e. without a game to which it will be applied. For the use of the Program, Licensee purchases the rights to use the games on the SteamVR platform or on the Website with which the Program is to operate, and Licensor does not guarantee the compatibility of the Program with all games purchased on the SteamVR platform. Licensee does not have any claims regarding the inability of a game to work with the Program, nor does Licensee have any claims regarding the delivery of games that will work with the Program. The preceding sentence shall be void in the event that Licensee has proven consultations with Licensor in which Licensor has expressed a positive opinion regarding the functionality of a particular game with the Program. Licensor is not responsible for the inability to use the Software, in particular if this inability is caused by other programs that Licensee uses.
2. The Licensee declares that he has familiarized with the Program, the way to use it and declares that the Program meets his expectations.
3. The Licensee declares that the Software is provided "as is" and is used by the Licensee in accordance with the following terms (as is) and is used by Licensee at its own risk and responsibility. Licensor shall not be liable for any material or non-material damage suffered by Licensee or any third party that Licensee may have enabled to use the Program and is not responsible for any third party's use of the Program.
4. In particular, the Licensee bears full responsibility for the health of the persons to whom it makes the Program available and for the consequences that it will have for the persons who use the Program. Licensor does not assure any therapeutic properties of the Program or the safety of its use for people with special health conditions.
§ 4 USE OF THE PROGRAM
If Licensee purchases a new game on the SteamVR platform, Licensee will determine for itself whether the game is compatible with the Program. In such case, Licensee is entitled to contact the Licensor in order to check the compatibility of the Software with the game. Licensee acknowledges that Licensor is not liable if the Program cannot be adapted for such game, and that this will not constitute grounds for a reduction of the license or any other claim.
§ 5 LIABILITY
1. The Licenser shall not be held responsible for the damage (material and/or non-material) caused in connection with the use of the Program unless the damage has been caused by them on purpose. Nevertheless, if in accordance with mandatory provisions of law or other overriding provisions of law the law provisions of a different than Poland country shall apply, the Licenser's liability (and the creator's) connected with the use of the Program shall be excluded to the maximum extent permitted by law. The Licenser shall not be held liable towards the User and/or third parties for any damage - material and/or non-material, direct and/or indirect, loss and/or lost profits and all the rights (such as: warranty rights, guarantee rights, caused by the defects of the piece of work or similar) vested in the User and/or third parties shall be excluded towards them to the maximum extent permitted by law.
2. The Licenser shall not be held liable for the way and for what purpose the User will use the Program. In particular, they shall not be held liable and do not inspire to use other programs in a way contradictory to the licenses of such programs, in particular to modify them, integrate it with another program in any way, combine it with a different program in a way which would breach the provisions of their licenses, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, disassemble, decompile and/or create derivative works based on such programs and/or make attempts in any manner to circumvent any security measures designed to control access to such programs and/or take other unlawful action.
3. The Licensee hereby accepts the rules of the intellectual property law whose binding force was confirmed in the rulings of Court of Justice of the European Union of 3rd July 2012 (C-128/11, UsedSoft GmbH v. Oracle International Corp.), of 22nd December 2010 (C-393/09, Bezpečnostní softwarová asociace), of 2nd May 2012 (C-406/10, (SAS Institute Inc. v. World Programming Ltd.) and which are also reflected in section 107 of the American Copyright Act of 1976, which was confirmed in the ruling of Nothern District of California of 31st May 2012 in case Oracle America Inc. v. Google Inc.
4. The Licenser shall not be held liable for the compliance of the license with expectations and intentions of the User, in particular those connected with the use of the Program together with other programs. In order to check whether the Program is useful for the purpose intended by the User, the User shall first obtain WALKINVR Friend free license. Obtaining the paid license shall be understood by the Licenser as an unconditional and unreserved acceptance of the Program's functionalities and their full compliance with the User's expectations.
5. If the User does not inform the Licenser about potential defects of the Program within 7 days from the moment when they could start to use the Program, it shall be understood the User has accepted the Program without any reservations and it is free of defects.
6. In order to obtain the license and use the Program it is required to have an active and properly set up e-mail account, a properly set up Internet browser in accordance with the Microsoft Internet Explorer standard in a version not older than 5.5 and Windows 7 SP1, Windows 8.1 or Windows 10, processor: Intel® i5-4590 / AMD FX 8350 or better, memory: 4 GB RAM, graphics card: NVIDIA GeForce® GTX 970 / AMD Radeon™ R9 290 or better.
7. [WARRANTY DISCLAIMER] PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, LICENSER AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSER MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON PROGRAM OR ANY HYPERLINKED WEBSITE, AND LICENSER IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM LICENSER SHALL CREATE ANY WARRANTY ON BEHALF OF LICENSER. WHILE USING THEPROGRAM, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. the exclusion of implied warranties or limitations does not apply to consumer.
§ 6 CONTACT AND CONSENTS
1. The Licenser hereby decides the following e-mail address: contact (at) walkinvrdriver (dot) com shall be used to all matters related to the use of the Program unless the Licenser informs about a change of this address. For the same purpose the User shall indicated their own e-mail address in the license's order form. Any correspondence, including but not limited to declarations of intent, sent to the User's e-mail account indicated in the form shall be treated as effectively delivered. The User may change the e-mail address by informing the Licenser thereof.
2. The User may file a justified complaint to the above-indicated e-mail address. The complaint shall include at least:
a. the data of the person filing a complaint,
b. the type of the license and the date it was obtained,
c. a detailed description of the defects, reservations and claims raised against the Program and evidence justifying them
d. a proposed solution of the argument in an amicable way.
3. The Licenser shall do their best to process the complaint in the shortest time possible.
4. The User hereby agrees that the Licenser and entities cooperating with them, including but not limited to their business partners and partners from non-governmental organizations, will process their personal data for business purposes, in particular such as direct marketing of their own and/or other's products or services, and other legally justified purposes, in particular other than business but socially useful purposes. The consent shall also include the processing of the data in the future.
5. The User hereby agrees that the Licenser and entities cooperating with them, including but not limited to their business partners, will send them commercial information. The User authorizes the Licenser and entities cooperating with them, including but not limited to their business partners to use telecommunication devices and automated calling systems for direct marketing purposes.
§ 7 PRIVACY POLICY
1. The Licenser is the User's personal data controller and shall do their best to protect the User's interest, in particular they shall ensure that the data:
a. is processed in accordance with the law, in particular with the Act on Personal Data Protection and the Act on Providing on-line Services,
b. is collected for identified and lawful purposes,
c. is correct and suitable for the purposes for which it is processed,
d. is stored in a form enabling identification of the persons concerned for a period of time not longer than it is required for the purpose of processing.
e. The Licenser shall apply technical and organizational measures which ensure a proper protection of the processing of the personal data, suitable for the dangers and categories of the data covered by the protection. In particular, the personal data shall be protected against making it available to unauthorized persons, being collected by an authorized person, processing it in a way which violates the provisions of law as well as being changed, lost, impaired or destroyed.
2. Detailed information on what data are processed and for what purpose can be found in the Licensor's Privacy Policy available at https://www.walkinvrdriver.com/privacy-policy/.
3. The personal data shall be process by the Licenser for business purposes, including but not limited to marketing purposes and for the purposes other than business, including but not limited to socially useful purposes. In particular, the Licenser shall process the personal data of an interested person in order to communicate with them as they have expressed an interest for the Program within the scope required to enter into, form, amend or terminate a legal relationship.
4. The Licenser hereby informs that the expected recipients of the processed personal data are business entities, including but not limited to the Licenser's business partners and entities other than business entities, including but not limited to the Licenser's partners which are social organizations.
5. The User makes their personal data available voluntarily unless it happens when they show their interest for obtaining the Program's license, in particular when they fill in the form available on the website.
6. The Licenser may process the User's personal data which are necessary to enter into, form, amend and/or terminate the legal relationship.
7. The Licenser shall inform the authorities about the above-mentioned data for the purposes of the proceedings run by them.
8. After the on-line services are no longer used, the Licenser may process such data which is:
a. necessary to settle the service and pursue claims connected with the payment for the service,
b. necessary for advertisement purposes, market surveys and surveys on Users' behavior and preferences with the aim of improving the services rendered by the Licenser, with the User's consent,
c. necessary to explain the circumstances of an unauthorized use of the service,
d. allowed to process under separate acts and/or an agreement, in particular such an agreement which was entered into as a result of the User's consent to process their personal data, to receive commercial information and to use telecommunication devices and automated calling systems for direct marketing purposes.
9. Every person whose personal data is processed by the Licenser may access the data at any time and correct it via the means of communication offered by the Licenser in accordance with § 7 (1)
10. Every person whose personal data is processed by the Licenser may control the way the data is processed, in particular they are entitled to:
a. demand the data is completed, updated, corrected, its processing is temporarily or permanently stopped or the data is removed if it is incomplete, out-of-date, false or it was collected with violation of the provisions of the act or it is no longer needed to realize the purpose for which it was collected,
b. file, in cases listed in section 23 (1) (4) and (5) of the Act on Personal Data Protection, a written justified demand to stop processing their data due to their unusual situation,
c. file an objection to processing their data in cases listed in section 23 (1) (4) and (5) of the Act on Personal Data Protection if the data controller plans to process it for marketing purposes and/or transfers it to another data controller.
11. The Licenser shall, at the request of the person whose personal data they process, inform them about their rights and provide information concerning their data mentioned in section 32 (1) (1)-(5a) of the Act on Personal Data Protection within 30 days of the day they receive the request. At the request of this person the Licenser shall provide the information in writing.
12. If the person whose personal data is processed by the Licenser proves it is incomplete, out-of-date, false or it was collected with violation of the provisions of the act or it is no longer needed to realize the purpose for which it was collected, the Licenser shall immediately complete, update or correct the data, temporarily or permanently stop its processing or remove it from the collection unless it concerns such data which shall be completed, updated or corrected in accordance with the method stipulated in other acts.
13. Should the Licenser learn the User has been using the service rendered on-line in breach of the license and/or binding provisions of law, the Licenser may process the User's personal data to the extent necessary to establish their liability on condition they save the fact of obtaining such information and its content for evidential purposes.
14. The Licenser may inform the User about their unlawful action together with a demand to immediately cease it as well as about the fact of exercising the right stipulated in § 7 (14)
§ 8 GOVERNIGN LAW AND DOMESTIC JURISDICTION
1. This agreement shall be governed exclusively by the Polish law. The User hereby agrees to choose the above-mentioned law as the applicable law in accordance with section 3 (1) the first sentence of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) or other law provisions which bind or will bind the parties. Section 9 (2) shall not apply.
2. The content hereof shall not limit the application of any mandatory provisions of law or other overriding provisions of law.
§ 9 SEVERABILITY CLAUSE
1. Should any of the provisions hereof turn out to be invalid, ineffective or for any other reasons impossible to apply, the parties hereby mutually agree that provisions similar to the highest possible extent to the content and purpose of the original provisions, taking the License's right interest into account, shall come into force automatically, without the necessity to make additional declarations of intent.
2. However, if it turns out that the User should make a proper declaration/declarations of intent in order to amend the provisions described in § 9 (1) the User hereby obliges themselves to make a declaration of intent with a content similar to the highest possible extent to the content and purpose of the original provisions, with the License's right interest taken into account.
§ 1 THE SUBJECT MATTER OF THE AGREEMENT
1. The subject matter herof is WALKIN VR computer program which offers functionality enabling disabled persons who cannot move (eg. persons on wheelchairs) and/or persons with upper-limb disability to move within virtual reality programs (VR) without any technical limitations which may result from the above-described disabilities by substituting the activities which these persons cannot carry out there by themselves with additional moves of VR console controllers (hereinafter referred to as: "the Program").
2. This license shall be imperatively read before using this Program as placing an order for the license and/or using thereof shall be unequivocally understood as an unconditional and unreserved acceptance of this person (hereinafter referred to as "the User") to be bound by the provisions hereof. Should there be no acceptance for the provisions hereof, it is forbidden to use the Program.
3. The Program is a piece of work protected by law, i.e. the Act of 4th February 1994 (as amended) on Copyright and Related Rights, the Directive 2009/24/EC of the European Parliament and of the Council of 23rd April 2009 on the legal protection of computer programs, World Intellectual Property Organization Copyright Treaty of 20th December 1996 and the Berne Convention for the Protection of Literary and Artistic Works drawn up in Paris on 24th July 1971.
4. The protection of the Program stipulated in the acts referred to in § 1 (3) shall not limit the protection of the Program and/or its parts which results and/or may result from other provisions of law, in particular those which protect other than computer program copyrights and/or aim at combating unfair competition.
5. The party to the agreement entered into with the User is Grzegorz Bednarski conducting business under the name 2MW Grzegorz Bednarski, ul. Owczarska 34, 54-020 Wrocław, Poland (hereinafter referred to as "the Licenser")
6. The Licenser hereby acknowledges they are vested with full proprietary copyrights to the Program.
7. The User hereby acknowledges they are entitled to enter into this agreement on their own in accordance with the proper provisions of law. It refers in particular to the persons entering into this agreement on behalf of legal persons and/or other organizational units (vide § 3 (1)).
8. The User hereby acknowledges they do not use standard contracts with content contradictory to the content hereof and if such standard contracts were used by them, they acknowledge and agree that for the sake of this agreement, the provisions hereof shall prevail.
9. If a third party submits any claims against the Licensee due to the circumstances referred to in § 1 (6) the Licensee shall immediately (no later than within 3 business days) notify the Licensor of such claims and request the Licensor to state its position on such claims and, in the event of a judicial dispute in this respect, request the Licensor to intervene in such dispute on the side of the Licensee. Licensor undertakes to answer the claims and to intervene in the dispute. The Licensee will not acknowledge any claims of third parties or conclude any settlement in this respect without the prior consent of the Licensor.
§ 2 TYPES OF LICENSE
1. There are 3 types of licenses issued for the Program (collectively referred to as a “license”):
a. a free license (“Free license”). The Program may be distributed at no additional charge while other options require payment before they can be accesses (Premium license and Professional license). Free license incorporates advertising or other promotional messages. By using Free license you grant to us the right to provide advertising and other information to you and to allow our business partners to do the same. If you use a Free license for commercial purposes, access to it is limited to two weeks.
b. a fee-based license for private persons (“Premium license”) – solely for private individuals who purchase license with their own funds and solely for their own use. Premium license does not incorporate advertising or other promotional messages
c. a fee-based license for commercial purposes (“Professional license”). Professional license is dedicated to organizations and business entities who purchase license. The team, department or company wide may use the Program. Professional license does not incorporate advertising or other promotional messages
2. The Professional license can be obtained through the website https://www.walkinvrdriver.com/ (“website”) or directly through Steam store. The Free license and Premium license can be obtained through Steam store.
3. You may purchase a Premium license through a Steam by paying a fee plus applicable taxes in advance as indicated on Steam.
4. You may purchase a Professional license directly from the website or through a Steam by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
5. In the case of purchasing a license through the website, a key for activation of the program on Steam is sent after the purchase.
6. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
7. The Licenser may from time to time make changes to paid licenses, including recurring subscription fees and will communicate any price changes to you in advance.
8. The User of Professional license shall authorize the Licenser to issue VAT invoices without the signature and in an electronic form.
§ 3 THE SCOPE OF THE LICENSE
1. The license which is granted to the User to use the Program shall be:
a. limited,
b. personal (it authorizes exclusively the User of Premium license to use the Program for non-commercial purposes only and the User of Professional license to use the Program for commercial purposes only, a Free license may be used both commercial (limited to two weeks period) and non-commercial purposes),
c. unlimited when it comes to territory (the Program may be used worldwide),
d. inalienable, revocable, non-transferable to other entities and shall not authorize to grant sublicenses (neither for a fee nor free of charge),
e. non-exclusive (the Licenser may grant it also to other entities),
f. for a Free license – a free of charge license,
g. for a Premium license an Professional license – a fee based license,
2. Under no circumstances shall this license transfer the proprietary rights to the User, it shall exclusively authorize the use of the Program within specified scope and in accordance with the established terms and conditions.
3. The User may use the Program in accordance with its intended use - subject to § 3 (4) - in the fields of use which include entering into computer memory, installation, launching, use of available functionalities, storing and updating (with updates made available by the Licenser).
4. The above-described rights are vested exclusively in the User who has placed an order and they may exercise them on a computer (a work station) which is not a computer network server,. The User may temporarily use the Program on another computer on condition that the Program is uninstalled from the previous computer. In every case the User shall undertake all the activities required to make it impossible for third parties to use the Program. It shall include in particular uninstallation of the Program from the computer on which it was used temporarily in accordance with the second sentence.
5. The license shall not include other fields of use than those listed directly in § 3 (3) In particular, the User shall not be authorized to permanently or temporarily reproduce the Program by any means and in any form, in part or in whole, distribute, including rental or lending of the Program, translate, adapt, arrange and alter the Program in any other way, make the Program or the copy thereof available to third persons, enter the Program into any data communication network (eg. the Internet) and make it available via such a network, store the Program in ICT Cloud, install the Program in the memory of a computer which is an internal or external computer network server or in such a network which enables the persons who use more than one computer to use the Program, decompile, disassemble or perform other similar activities (eg. reverse engineering) etc.
6. The Licensee agrees to provide the Licensor with comments regarding the Program in order to improve its operation and its development.
7. The Licensee may not remove or obscure the trademarks placed on the Program.
8. The Licensee is not permitted to modify the source code of the Program or interfere with its content in any way.
9. The Licensee may not sublicense the Software without the Licensor's consent (expressed in writing under pain of invalidity).
§ 3 LICENSEE’S REPRESENTATIONS
1. Licensee acknowledges that the Program is designed to work with games purchased on the Steam or Webisite. Licensee is aware that the Program is not suitable for stand-alone use, i.e. without a game to which it will be applied. For the use of the Program, Licensee purchases the rights to use the games on the SteamVR platform or on the Website with which the Program is to operate, and Licensor does not guarantee the compatibility of the Program with all games purchased on the SteamVR platform. Licensee does not have any claims regarding the inability of a game to work with the Program, nor does Licensee have any claims regarding the delivery of games that will work with the Program. The preceding sentence shall be void in the event that Licensee has proven consultations with Licensor in which Licensor has expressed a positive opinion regarding the functionality of a particular game with the Program. Licensor is not responsible for the inability to use the Software, in particular if this inability is caused by other programs that Licensee uses.
2. The Licensee declares that he has familiarized with the Program, the way to use it and declares that the Program meets his expectations.
3. The Licensee declares that the Software is provided "as is" and is used by the Licensee in accordance with the following terms (as is) and is used by Licensee at its own risk and responsibility. Licensor shall not be liable for any material or non-material damage suffered by Licensee or any third party that Licensee may have enabled to use the Program and is not responsible for any third party's use of the Program.
4. In particular, the Licensee bears full responsibility for the health of the persons to whom it makes the Program available and for the consequences that it will have for the persons who use the Program. Licensor does not assure any therapeutic properties of the Program or the safety of its use for people with special health conditions.
§ 4 USE OF THE PROGRAM
If Licensee purchases a new game on the SteamVR platform, Licensee will determine for itself whether the game is compatible with the Program. In such case, Licensee is entitled to contact the Licensor in order to check the compatibility of the Software with the game. Licensee acknowledges that Licensor is not liable if the Program cannot be adapted for such game, and that this will not constitute grounds for a reduction of the license or any other claim.
§ 5 LIABILITY
1. The Licenser shall not be held responsible for the damage (material and/or non-material) caused in connection with the use of the Program unless the damage has been caused by them on purpose. Nevertheless, if in accordance with mandatory provisions of law or other overriding provisions of law the law provisions of a different than Poland country shall apply, the Licenser's liability (and the creator's) connected with the use of the Program shall be excluded to the maximum extent permitted by law. The Licenser shall not be held liable towards the User and/or third parties for any damage - material and/or non-material, direct and/or indirect, loss and/or lost profits and all the rights (such as: warranty rights, guarantee rights, caused by the defects of the piece of work or similar) vested in the User and/or third parties shall be excluded towards them to the maximum extent permitted by law.
2. The Licenser shall not be held liable for the way and for what purpose the User will use the Program. In particular, they shall not be held liable and do not inspire to use other programs in a way contradictory to the licenses of such programs, in particular to modify them, integrate it with another program in any way, combine it with a different program in a way which would breach the provisions of their licenses, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, disassemble, decompile and/or create derivative works based on such programs and/or make attempts in any manner to circumvent any security measures designed to control access to such programs and/or take other unlawful action.
3. The Licensee hereby accepts the rules of the intellectual property law whose binding force was confirmed in the rulings of Court of Justice of the European Union of 3rd July 2012 (C-128/11, UsedSoft GmbH v. Oracle International Corp.), of 22nd December 2010 (C-393/09, Bezpečnostní softwarová asociace), of 2nd May 2012 (C-406/10, (SAS Institute Inc. v. World Programming Ltd.) and which are also reflected in section 107 of the American Copyright Act of 1976, which was confirmed in the ruling of Nothern District of California of 31st May 2012 in case Oracle America Inc. v. Google Inc.
4. The Licenser shall not be held liable for the compliance of the license with expectations and intentions of the User, in particular those connected with the use of the Program together with other programs. In order to check whether the Program is useful for the purpose intended by the User, the User shall first obtain WALKINVR Friend free license. Obtaining the paid license shall be understood by the Licenser as an unconditional and unreserved acceptance of the Program's functionalities and their full compliance with the User's expectations.
5. If the User does not inform the Licenser about potential defects of the Program within 7 days from the moment when they could start to use the Program, it shall be understood the User has accepted the Program without any reservations and it is free of defects.
6. In order to obtain the license and use the Program it is required to have an active and properly set up e-mail account, a properly set up Internet browser in accordance with the Microsoft Internet Explorer standard in a version not older than 5.5 and Windows 7 SP1, Windows 8.1 or Windows 10, processor: Intel® i5-4590 / AMD FX 8350 or better, memory: 4 GB RAM, graphics card: NVIDIA GeForce® GTX 970 / AMD Radeon™ R9 290 or better.
7. [WARRANTY DISCLAIMER] PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, LICENSER AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSER MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON PROGRAM OR ANY HYPERLINKED WEBSITE, AND LICENSER IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM LICENSER SHALL CREATE ANY WARRANTY ON BEHALF OF LICENSER. WHILE USING THEPROGRAM, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. the exclusion of implied warranties or limitations does not apply to consumer.
§ 6 CONTACT AND CONSENTS
1. The Licenser hereby decides the following e-mail address: contact (at) walkinvrdriver (dot) com shall be used to all matters related to the use of the Program unless the Licenser informs about a change of this address. For the same purpose the User shall indicated their own e-mail address in the license's order form. Any correspondence, including but not limited to declarations of intent, sent to the User's e-mail account indicated in the form shall be treated as effectively delivered. The User may change the e-mail address by informing the Licenser thereof.
2. The User may file a justified complaint to the above-indicated e-mail address. The complaint shall include at least:
a. the data of the person filing a complaint,
b. the type of the license and the date it was obtained,
c. a detailed description of the defects, reservations and claims raised against the Program and evidence justifying them
d. a proposed solution of the argument in an amicable way.
3. The Licenser shall do their best to process the complaint in the shortest time possible.
4. The User hereby agrees that the Licenser and entities cooperating with them, including but not limited to their business partners and partners from non-governmental organizations, will process their personal data for business purposes, in particular such as direct marketing of their own and/or other's products or services, and other legally justified purposes, in particular other than business but socially useful purposes. The consent shall also include the processing of the data in the future.
5. The User hereby agrees that the Licenser and entities cooperating with them, including but not limited to their business partners, will send them commercial information. The User authorizes the Licenser and entities cooperating with them, including but not limited to their business partners to use telecommunication devices and automated calling systems for direct marketing purposes.
§ 7 PRIVACY POLICY
1. The Licenser is the User's personal data controller and shall do their best to protect the User's interest, in particular they shall ensure that the data:
a. is processed in accordance with the law, in particular with the Act on Personal Data Protection and the Act on Providing on-line Services,
b. is collected for identified and lawful purposes,
c. is correct and suitable for the purposes for which it is processed,
d. is stored in a form enabling identification of the persons concerned for a period of time not longer than it is required for the purpose of processing.
e. The Licenser shall apply technical and organizational measures which ensure a proper protection of the processing of the personal data, suitable for the dangers and categories of the data covered by the protection. In particular, the personal data shall be protected against making it available to unauthorized persons, being collected by an authorized person, processing it in a way which violates the provisions of law as well as being changed, lost, impaired or destroyed.
2. Detailed information on what data are processed and for what purpose can be found in the Licensor's Privacy Policy available at https://www.walkinvrdriver.com/privacy-policy/.
3. The personal data shall be process by the Licenser for business purposes, including but not limited to marketing purposes and for the purposes other than business, including but not limited to socially useful purposes. In particular, the Licenser shall process the personal data of an interested person in order to communicate with them as they have expressed an interest for the Program within the scope required to enter into, form, amend or terminate a legal relationship.
4. The Licenser hereby informs that the expected recipients of the processed personal data are business entities, including but not limited to the Licenser's business partners and entities other than business entities, including but not limited to the Licenser's partners which are social organizations.
5. The User makes their personal data available voluntarily unless it happens when they show their interest for obtaining the Program's license, in particular when they fill in the form available on the website.
6. The Licenser may process the User's personal data which are necessary to enter into, form, amend and/or terminate the legal relationship.
7. The Licenser shall inform the authorities about the above-mentioned data for the purposes of the proceedings run by them.
8. After the on-line services are no longer used, the Licenser may process such data which is:
a. necessary to settle the service and pursue claims connected with the payment for the service,
b. necessary for advertisement purposes, market surveys and surveys on Users' behavior and preferences with the aim of improving the services rendered by the Licenser, with the User's consent,
c. necessary to explain the circumstances of an unauthorized use of the service,
d. allowed to process under separate acts and/or an agreement, in particular such an agreement which was entered into as a result of the User's consent to process their personal data, to receive commercial information and to use telecommunication devices and automated calling systems for direct marketing purposes.
9. Every person whose personal data is processed by the Licenser may access the data at any time and correct it via the means of communication offered by the Licenser in accordance with § 7 (1)
10. Every person whose personal data is processed by the Licenser may control the way the data is processed, in particular they are entitled to:
a. demand the data is completed, updated, corrected, its processing is temporarily or permanently stopped or the data is removed if it is incomplete, out-of-date, false or it was collected with violation of the provisions of the act or it is no longer needed to realize the purpose for which it was collected,
b. file, in cases listed in section 23 (1) (4) and (5) of the Act on Personal Data Protection, a written justified demand to stop processing their data due to their unusual situation,
c. file an objection to processing their data in cases listed in section 23 (1) (4) and (5) of the Act on Personal Data Protection if the data controller plans to process it for marketing purposes and/or transfers it to another data controller.
11. The Licenser shall, at the request of the person whose personal data they process, inform them about their rights and provide information concerning their data mentioned in section 32 (1) (1)-(5a) of the Act on Personal Data Protection within 30 days of the day they receive the request. At the request of this person the Licenser shall provide the information in writing.
12. If the person whose personal data is processed by the Licenser proves it is incomplete, out-of-date, false or it was collected with violation of the provisions of the act or it is no longer needed to realize the purpose for which it was collected, the Licenser shall immediately complete, update or correct the data, temporarily or permanently stop its processing or remove it from the collection unless it concerns such data which shall be completed, updated or corrected in accordance with the method stipulated in other acts.
13. Should the Licenser learn the User has been using the service rendered on-line in breach of the license and/or binding provisions of law, the Licenser may process the User's personal data to the extent necessary to establish their liability on condition they save the fact of obtaining such information and its content for evidential purposes.
14. The Licenser may inform the User about their unlawful action together with a demand to immediately cease it as well as about the fact of exercising the right stipulated in § 7 (14)
§ 8 GOVERNIGN LAW AND DOMESTIC JURISDICTION
1. This agreement shall be governed exclusively by the Polish law. The User hereby agrees to choose the above-mentioned law as the applicable law in accordance with section 3 (1) the first sentence of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) or other law provisions which bind or will bind the parties. Section 9 (2) shall not apply.
2. The content hereof shall not limit the application of any mandatory provisions of law or other overriding provisions of law.
§ 9 SEVERABILITY CLAUSE
1. Should any of the provisions hereof turn out to be invalid, ineffective or for any other reasons impossible to apply, the parties hereby mutually agree that provisions similar to the highest possible extent to the content and purpose of the original provisions, taking the License's right interest into account, shall come into force automatically, without the necessity to make additional declarations of intent.
2. However, if it turns out that the User should make a proper declaration/declarations of intent in order to amend the provisions described in § 9 (1) the User hereby obliges themselves to make a declaration of intent with a content similar to the highest possible extent to the content and purpose of the original provisions, with the License's right interest taken into account.