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Argil End User License Agreement
Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software, which includes the Argil application and related image files and models. By downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download or use this Software.
1. General
1.1. This agreement is a contract between you and Valkyrie Industries Limited (hereinafter "Valkyrie"), governing your use of Argil.
1.2. For the purpose of this agreement, the term Argil includes the software of the VR experience itself, all of its components (e.g., the source code) and content (e.g., graphical content).
1.3. This agreement applies to Argil and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to Argil is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
2. Application of a distributor's terms and conditions
2.1. Valkyrie generally uses the services of a distributor to market Argil. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor's terms and conditions that overlaps with the legal matters regulated in this agreement, the distributor's terms and conditions take precedence unless they provide that this agreement between you and Valkyrie applies preferentially.
3. Health and safety warning
3.1. Due to its virtual-reality nature, Argil can be physically challenging. Please consider your state of health before you start using it. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated.
3.2. Please be careful and mindful of your environment when using Argil. Always make sure there is enough space for you to use it safely and that there are no obstacles or dangerous objects around you.
3.3. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult person before you start to use Argil.
3.4. Please note that you bear responsibility for your actions while you use Argil. Valkyrie doesn't take responsibility for any injury or damage caused by your actions while using Argil.
4. License terms and ownership
4.1 Software License. Valkyrie grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use Argil for any lawful purpose.
4.2. You may not do the following with Argil:
4.2.1. sell, rent, lease or otherwise distribute Argil;
4.2.2. edit, merge, distribute, translate, reverse engineer, decompile, disassemble Argil unless specifically permitted in this Agreement, by our prior consent, or by the mandatory rules of the applicable law;
4.2.3. misuse Argil in any way contrary to the applicable law, including good morals rules.
4.3. Valkyrie retains sole ownership of all right, title and interest, including all Intellectual Property Rights, to Argil. No proprietary right is assigned to you via this agreement.
4.4. Without prejudice to Clause 4.3, as between the Parties, all Intellectual Property Rights to your user-generated Data and Results shall vest in you upon their creation absolutely and Valkyrie shall not obtain any right, title or interest in your user-generated Data and Results whatsoever.
4.5. Valkyrie reserves the right to provide or unilaterally deploy patches, updates and other modifications to Argil in order to remove or correct a bug, glitch or other issue, to prevent misuse of the game or breach of this agreement, or to enhance the gameplay (e.g., provide you with additional content).
4.6. You hereby assign to Valkyrie all rights, including all Intellectual Property Rights in and to any and all suggestions, enhancements, requests, recommendations, corrections, or other feedback (together “Feedback”) made by or on behalf of you relating to Argil.
5. Liability
5.1. Valkyrie grants you all the rights under this agreement to Argil "as is" and "as available". That means that Valkyrie does not grant you any guarantee that Argil works without any bugs, glitches, or other issues. In as much as the applicable law permits, Valkyrie doesn't take any responsibility or liability for Argil having any bugs, glitches, or other issues.
5.2. Valkyrie shall not be responsible for any loss, destruction, alteration, uploading, or disclosure of your Data or Results caused by the Argil,
5.3. Valkyrie warrants to you that Valkyrie has the right to conclude this agreement with you and that Valkyrie has the right to grant you the rights under this agreement (namely the license to use Argil).
6. Technology Usage Statistics
6.1. Valkyrie shall collect Technology Usage Statistics and, to the extent not already owned by Valkyrie, shall be permitted to use such statistics in accordance with the license granted in Clauses 6.2 and 6.3.
6.2. You hereby grant to Valkyrie a non-exclusive, worldwide, royalty-free license, irrevocable during the Term, to use the Technology Usage Statistics to the extent owned by you solely for the purposes described in and anticipated by this Agreement for Valkyrie to provide the services described in this Agreement.
6.3. Notwithstanding any other provision of this Agreement, you hereby grant to Valkyrie a non-exclusive, sublicensable, transferable, perpetual, irrevocable, worldwide license to use the Technology Usage Statistics to the extent owned by you, for the purpose of enabling Valkyrie to use for its own business purposes, including to analyse, assess, improve and develop the performance of Argil.
7. Termination
7.1. If you materially breach this agreement, Valkyrie has the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this agreement, namely the right to use Argil, whereas Valkyrie shall have no further obligations to you stemming from this agreement.
8. Governing law and dispute resolution
8.1. This agreement, your use of Argil and all claims based on, arising from or related to this agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of the United Kingdom (excluding conflict-of-law rules), including its statutes of limitations.
8.2. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of the United Kingdom.
9. Changes and amendments
9.1. Valkyrie reserves the right to make changes to this agreement. In such a case, Valkyrie will post the changes and amended text of the agreement online and take reasonable steps to draw your attention to it.
9.2. The changes shall come into effect (become legally binding) 30 days after Valkyrie posts the amended agreement online, unless a longer period is stipulated in the amendment. If you don't agree to the changes, you can terminate this agreement by simply ceasing to use Argil (including deleting any copy installed on your gaming device). If you continue to use Argil after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
10. Other legal matters
10.1. You may not assign this agreement or any of the rights granted in the agreement to another person.
10.2. In as much as the applicable law permits, the provisions of this agreement shall be interpreted to the fullest extent expressed in this agreement. If any of the provisions of this agreement is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
11. Contact
11.1. If you have any questions, comments or feedback, you can contact us at info@valkyrie-vr.com. Please contact us at this email address also in case you have any complaints in regard to our performance of this agreement.
Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software, which includes the Argil application and related image files and models. By downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download or use this Software.
1. General
1.1. This agreement is a contract between you and Valkyrie Industries Limited (hereinafter "Valkyrie"), governing your use of Argil.
1.2. For the purpose of this agreement, the term Argil includes the software of the VR experience itself, all of its components (e.g., the source code) and content (e.g., graphical content).
1.3. This agreement applies to Argil and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to Argil is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
2. Application of a distributor's terms and conditions
2.1. Valkyrie generally uses the services of a distributor to market Argil. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor's terms and conditions that overlaps with the legal matters regulated in this agreement, the distributor's terms and conditions take precedence unless they provide that this agreement between you and Valkyrie applies preferentially.
3. Health and safety warning
3.1. Due to its virtual-reality nature, Argil can be physically challenging. Please consider your state of health before you start using it. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated.
3.2. Please be careful and mindful of your environment when using Argil. Always make sure there is enough space for you to use it safely and that there are no obstacles or dangerous objects around you.
3.3. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult person before you start to use Argil.
3.4. Please note that you bear responsibility for your actions while you use Argil. Valkyrie doesn't take responsibility for any injury or damage caused by your actions while using Argil.
4. License terms and ownership
4.1 Software License. Valkyrie grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use Argil for any lawful purpose.
4.2. You may not do the following with Argil:
4.2.1. sell, rent, lease or otherwise distribute Argil;
4.2.2. edit, merge, distribute, translate, reverse engineer, decompile, disassemble Argil unless specifically permitted in this Agreement, by our prior consent, or by the mandatory rules of the applicable law;
4.2.3. misuse Argil in any way contrary to the applicable law, including good morals rules.
4.3. Valkyrie retains sole ownership of all right, title and interest, including all Intellectual Property Rights, to Argil. No proprietary right is assigned to you via this agreement.
4.4. Without prejudice to Clause 4.3, as between the Parties, all Intellectual Property Rights to your user-generated Data and Results shall vest in you upon their creation absolutely and Valkyrie shall not obtain any right, title or interest in your user-generated Data and Results whatsoever.
4.5. Valkyrie reserves the right to provide or unilaterally deploy patches, updates and other modifications to Argil in order to remove or correct a bug, glitch or other issue, to prevent misuse of the game or breach of this agreement, or to enhance the gameplay (e.g., provide you with additional content).
4.6. You hereby assign to Valkyrie all rights, including all Intellectual Property Rights in and to any and all suggestions, enhancements, requests, recommendations, corrections, or other feedback (together “Feedback”) made by or on behalf of you relating to Argil.
5. Liability
5.1. Valkyrie grants you all the rights under this agreement to Argil "as is" and "as available". That means that Valkyrie does not grant you any guarantee that Argil works without any bugs, glitches, or other issues. In as much as the applicable law permits, Valkyrie doesn't take any responsibility or liability for Argil having any bugs, glitches, or other issues.
5.2. Valkyrie shall not be responsible for any loss, destruction, alteration, uploading, or disclosure of your Data or Results caused by the Argil,
5.3. Valkyrie warrants to you that Valkyrie has the right to conclude this agreement with you and that Valkyrie has the right to grant you the rights under this agreement (namely the license to use Argil).
6. Technology Usage Statistics
6.1. Valkyrie shall collect Technology Usage Statistics and, to the extent not already owned by Valkyrie, shall be permitted to use such statistics in accordance with the license granted in Clauses 6.2 and 6.3.
6.2. You hereby grant to Valkyrie a non-exclusive, worldwide, royalty-free license, irrevocable during the Term, to use the Technology Usage Statistics to the extent owned by you solely for the purposes described in and anticipated by this Agreement for Valkyrie to provide the services described in this Agreement.
6.3. Notwithstanding any other provision of this Agreement, you hereby grant to Valkyrie a non-exclusive, sublicensable, transferable, perpetual, irrevocable, worldwide license to use the Technology Usage Statistics to the extent owned by you, for the purpose of enabling Valkyrie to use for its own business purposes, including to analyse, assess, improve and develop the performance of Argil.
7. Termination
7.1. If you materially breach this agreement, Valkyrie has the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this agreement, namely the right to use Argil, whereas Valkyrie shall have no further obligations to you stemming from this agreement.
8. Governing law and dispute resolution
8.1. This agreement, your use of Argil and all claims based on, arising from or related to this agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of the United Kingdom (excluding conflict-of-law rules), including its statutes of limitations.
8.2. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of the United Kingdom.
9. Changes and amendments
9.1. Valkyrie reserves the right to make changes to this agreement. In such a case, Valkyrie will post the changes and amended text of the agreement online and take reasonable steps to draw your attention to it.
9.2. The changes shall come into effect (become legally binding) 30 days after Valkyrie posts the amended agreement online, unless a longer period is stipulated in the amendment. If you don't agree to the changes, you can terminate this agreement by simply ceasing to use Argil (including deleting any copy installed on your gaming device). If you continue to use Argil after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
10. Other legal matters
10.1. You may not assign this agreement or any of the rights granted in the agreement to another person.
10.2. In as much as the applicable law permits, the provisions of this agreement shall be interpreted to the fullest extent expressed in this agreement. If any of the provisions of this agreement is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
11. Contact
11.1. If you have any questions, comments or feedback, you can contact us at info@valkyrie-vr.com. Please contact us at this email address also in case you have any complaints in regard to our performance of this agreement.