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END USER LICENSE AGREEMENT (“EULA”) - Vajont VR
(Last update: 10 Dec. 2021)
Thank you for choosing our software application (“Application”).
PLEASE READ THIS EULA CAREFULLY AND IN ITS ENTIRETY.
This EULA describes your rights and the conditions upon which you may use our Application. You should review the entire EULA, including any supplemental license terms that accompany the Application and any linked terms, because all the terms are important and together create this EULA that applies to you.
BY ACCEPTING THIS EULA, ACQUIRING OR USING OUR APPLICATION, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE OUR APPLICATION OR ANY SERVICES PROVIDED IN CONNECTION TO IT.
You may contact Oculus Platform to determine its return policy and return the Application for a refund or credit under that policy.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
INDEX
Definitions
Legal age
Additional terms and third-party content
License and permissions
Restriction
Device
Costs and purchases
Ownership and intellectual property
User content and suggestions
Termination
Updates, modifications and support
Disclaimers and warranties
Limitation of liability
Indemnification and user liability
Severability
Assignment
Nonwaiver
Governing law and jurisdiction
Amendment
1. DEFINITIONS
The following terms shall have the following meanings when used in this EULA:
EULA: this agreement and all others applicable terms of use and privacy policies provided by Oculus Platform that contain rights and conditions upon which the User may use our Application;
User: any person of legal age allowed, under this EULA, to use the Application;
Artheria (or “We”, “Us”): means Artheria S.r.l., located in Silea (TV), via Galileo Galilei n. 15/1 – Italy, vat n. 04974070262;
Application: means the software application named Vajont, the virtual reality game developed and exclusively own by Artheria;
Device: means any virtual, mixed or augmented reality hardware device that is approved or granted by Oculus or its affiliates, including, but not limited to, Oculus Rift, Oculus Rift S, Oculus Go, Oculus Quest, Oculus Quest 2 virtual reality headsets;
Oculus: Facebook Technologies, LLC, located at 1601 Willow Road, Menlo Park, CA 94025 and Facebook Technology Ireland Limited, located at 4 Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Oculus Platform: platform or store where you downloaded the Application;
IP Rights: any and all known or hereafter existing worldwide copyrights, trademark, service marks, trade secrets, patents, patent applications, know-how, moral rights, contract rights, other proprietary rights and all registrations, applications, renewals, extensions and combinations of the foregoing.
2. LEGAL AGE
Considering the contractual nature of this EULA, the Application herein is available only to people who are of legal age and, in no event, the Application may the be used by a person under the age of majority (which in italy is set at 18 years) without consent from the respective parents or legal guardian.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SOFTWARE PRODUCT WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THIS EULA. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE, MAKE SURE TO REVIEW THIS EULA WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
3. ADDITIONAL TERMS AND THIRD-PARTY CONTENT
3.1
Your use of our Application and/or your use of services or contents provided by third parties and made available through the Application, may be subject to additional end user agreements. Please be sure to read them.
3.2
Please notice that your use of our Application is subject to the applicable terms of use and privacy policies for the platform or store where you downloaded the Application (Steam), which could include, without limitation, the Steam Terms of Service and Supplemental Steam Terms of Service: https://store.steampowered.com/eula/471710_eula_0. This EULA does not modify the applicable terms and conditions of using Steam. If you use or purchase any other product or service through Steam, you also will be subject to any terms and conditions applicable to that product and service.
3.3
Other additional third party terms may apply to your use of certain features or services. Some features of the Application provide an access point to, or rely on, online services or specific devices (such as, for example, services that provide internet access or Devices). The use of those services and devices is sometimes governed by separate terms and privacy policies. You can view these terms and policies by looking at the applicable service terms of use. Artheria does not endorse or control these third party terms and conditions and assumes no responsibility or liability with respect to your access to or use of the third party content nor for any content or functionality contained in such third party content. Therefore, Atheria do not make any representations or warranties with respect to the Third Party Content and do not hold any responsibility for any errors or omissions that depend on third party content, your rights to which are solely provided pursuant to a license between you and the provider of such content.
4. LICENSE AND PERMISSIONS
Subject to the terms and conditions of this EULA, Artheria grants the User a non-transferable, non- sublicensable, worldwide, nonexclusive, perpetual (unless stated to be a time limited term), license to access, install and use the Application solely for personal and noncommercial purposes, provided that User complies with these EULA. Therefore, Application is licensed, not sold and User is authorized to use it only if properly licensed.
No licenses or rights are granted to User by implication or otherwise, except for the licenses and rights expressly granted under this EULA. Atheria reserves all other rights (including rights under intellectual property laws) not expressly granted.
5. RESTRICTION
5.1
By accepting this EULA and using the Application, you agree not to use the Application for any illegal or unauthorized purpose or any activity that violates the License grantend under this EULA. More specifically, except as expressly permitted by Artheria or under applicable law, this license does not give you any right to, and you may not:
publish, sell, distribute, rent, lease, transfer or lend the Application;
work around any technical restrictions or limitations in the Application;
copy, edit or modify any part of the Application, including any of its content;
reverse engineer, decompile or disassemble the Application, or attempt to do so;
attempt to extract the source code of the Application or to prepare derivative works based upon;
use the Application for any commercial purpose or for the benefit of any third party;
develop or allow any malware, adware, spyware, Trojan Horses, other automated bots, auto players, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Application or to extract data from the Application;
access or use the Application in any manner that could inhibit anyone else from fully enjoying the Application, including intimidating, vulgar, threatening, hateful or otherwise offensive behavior or content;
violate any applicable law or regulation.
5.2
Any unauthorized use of the Software Product is strictly prohibited and allows us to: (I) terminate the license granted under this EULA; or (II) revoke or reduce User’s access to any functionality in thr Application. Notwithstanding the foregoing, we reserve the right to investigate and prosecute violations of any of the above, as well as to claim any losses and damages, involve and cooperate with law enforcement authorities in prosecuting anyone who violates these clause.
6. DEVICE
6.1
Our Application is designed to be used in connection with, an supported by, Devices, and you are solely responsible for obtaining all hardware necessary to use the Application and for their correct use. Please, consult Oculus Platform for more information on compatible and supported Devices.
6.2
Considering the above, and in addiction to art. 3.3 above, Artheria will not be responsible or liable for any personal injury, property damage or any other issue that User may suffer as a result of use a Device. Therefore you should carefully review terms and conditions, all setup and operating instructions for such Devices.
6.3
In the event you use a virtual reality headset Device, please read carefully all the specific warnings and recommendations before using the headset, in order to reduce the risk of personal injury, discomfort or property damage. You should consult Oculus website and/or Devices Developer website regularly to acknowledge such warnings.
Notwithstanding the foregoing, please make sure to follow these general precautions:
Application is designed for use only with authorized Device. So, the use of an unauthorized device may result in injury to you or others and may cause performance issues or damage to your system.
People who are prone to motion sickness in the real world may have a heightened risk of experiencing discomfort while using a headset in connection with the Application. Such people should take extra care to use a headset and may be recommended to see a doctor before using it, expecially if the User is pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from seizures, epileptic seizures any serious medical condition.
The use of headsets distracts you from and completely blocks your view of your actual surroundings. Always be aware of your surroundings when using a headset and remain seated at all times. Take special care to ensure that you are not near other people, objects, stairs, balconies, windows, furniture, or other items that you can bump into or knock down when using – or immediately after using - a headset. Do not handle dangerous objects while using a headset.
Take frequent break, even if you do not think you need it.
If you feel discomfort, immediately remove the headset and stop using it.
Do not use a headset with the sound at high volume so that you can maintain awareness of your surroundings and reduce the risk of hearing damage.
7. COSTS AND PURCHASES
Application is a paid product that can be purchased from Steam. The license granted to you under this EULA is conditioned upon your valid purchase of the Application pursuant to the applicable Oculus Platform terms and conditions of purchase.
8. OWNERSHIP AND INTELLECTUAL PROPERTY
8.1
Application is property of Artheria (or its licensors or affiliates) and it is wolrdwide protected by copyright, trademark and other laws. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or IP Rights notices incorporated in or accompanying the Application.
8.2
Artheria’s (or its licensors or affiliates) IP Rights also include any rights to drawings, titles, code, themes, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, text, graphics, logos, moral rights and any other IP Right related to the Application.
8.3
Any use of the Application, in whole or in part, without Artheria’s prior written permission that violates the abovementioned rights or in any matter cause any harm to Artheria’s IP Rights shall subject the infringing party to any remedies provided by law, including indemnifications.
9. USER CONTENT AND SUGGESTIONS
9.1
If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Application, you give us a worldwide, perpetual, irrevocable and royalty-free license to use and exploit that feedback for any purpose and without any obligation to you.
9.2
Our Application may include interactive features and areas where you may submit, post, upload or otherwise transmit content including, but not limited to, text, images, photos, videos, sounds and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to User Content, but you are solely responsible for the User Content you make available through the Application.
9.3
Artheria does not endorse, control, monitor, edit or screen the opinions, views, advice, or recommendations posted or sent by users and has no responsibility or liability for User Content made available through the Application. However, we do reserve the right, and have absolute discretion, to remove or report User Content at any time and for any reason.
10. TERMINATION
10.1
We reserve the right to terminate your license and your right to access and use the Application if you: (I) violate these EULA or any other terms or policies referenced herein; (III) otherwise create risk or possible legal exposure for us; (III) infringe any intellectual property rights.
10.2
We also reserve the right, in our sole discretion, to terminate or suspend the of the Application in any time or if we believe or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights or trademarks of others or engaging in any inappropriate behavior.
10.3
Upon any termination of this EULA the license granted will immediately terminate. Any terms in this EULA which by their nature extend beyond termination or expiration of this EULA will remain in effect until fulfilled.
11. UPDATES, MODIFICATIONS AND SUPPORT
11.1
We are under no obligation to update the Application. Application may rely on services provided by Steam or third parties for some or all of its functionality or for updates. The Application may not function properly or may become inoperable if these parties discontinue their services and do not upload the updates provided by Artheria.
11.2
Artheria reserves the right to change, suspend, remove, discontinue or disable access to the Application or particular portions thereof, at any time and without notice. In no event will Artheria be liable for the removal of or disabling of access to any portion or feature of the Application
11.3
Steam, and not Artheria, will be responsible for all billing questions related to the purchase of the Application and for support with this respect. Steam will also be responsible for all support obligations relating to the Application, including but not limited to customer support, bug fixes, live operations support, and general technical support. Neither Artheria nor Oculus Platform are obliged to provide support for third party content.
12. DISCLAIMERS AND WARRANTIES
12.1
Artheria warrants that Application will perform substantially in accordance with its technical requirements for 60 days from the date of first purchase, or, if different, for the the minimum warranty period required by law. The warranties do not apply to any breach caused by: (a) any change to the Application, except where the changes were made by Artheria through Steam; (b) use of the Application in connection with devices not approved by Steamor Artheria; (c) failure of User to report a warranty claim within the warranty period. Artheria does not warrant that the Application is error-free or will operate without interruption.
12.2
ONCE YOU AGREE TO THIS EULA YOU CHOOSE TO ACCESS, VIEW OR USE THE APPLICATION ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS.WE MAY PROVIDE HEALTH AND SAFETY WARNINGS IN CONNECTION WITH OUR APPLICATION. YOU REPRESENT AND WARRANT THAT YOU WILL READ ALL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS WE PROVIDE BEFORE USING THE APPLICATION AND ALL OTHER WARNINGS AND INSTRUCTIONS PROVIDED BY ANY DEVICES DEVELOPER.
12.3
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND ARTHERIA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARTHERIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THE ADEQUACY OF THE APPLICATION TO PRODUCE A PARTICULAR RESULT. IN ADDITION, ARTHERIA DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE APPLICATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY ARTHERIA WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTHERIA SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARTHERIA ARISING OUT OF, OR RELATING TO, THE USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE GREATER OF ONE HUNDRED EURO (€100) OR THE AMOUNT YOU PAID US TO USE OUR APPLICATION. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE EULA, NOTHING IN THESE EULA EXCLUDES OR LIMITS OUR LIABILITY FOR EVENTS OR DAMAGES THAT, UNDER ITALIAN LAW, CANNOT BE EXCLUDED.
14. INDEMNIFICATION AND USER LIABILITY
You agree to indemnify, defend and hold harmless ARTHERIA and its affiliates from any claim or demand, including, without limitation, damages, costs, liabilities, expenses, reasonable legal fees, that may be asserted or filed by any third party, arising out of orrelating to: (I) your use of the Application or any product or service available through the Application; (II) your submission or provision of User Content; (III) your violation of these EULA or any other violation of the rights of another party; (IV) your violation of any applicable law or any rights of any third party.
15. SEVERABILITY
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these EULA and shall not affect the validity and enforceability of any remaining provisions.
16. ASSIGNMENT
You may not assign these EULA or any of the rights granted hereunder without the prior written consent of Artheria and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these EULA will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
17. NONWAIVER
Any failure by Artheria to insist upon or enforce performance by you of any of the provisions of these EULA or to exercise any rights or remedies under these EULA or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.
18. GOVERNING LAW AND JURISDICTION
18.1
Our goal is to resolve claims fairly and quickly. Accordingly, for any dispute that you have against Artheria, you agree to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). The Notice to Artheria must be sent by certified mail addressed to: ARTHERIA SRL, Silea (TV) Via Galileo Galilei n. 15/1 – Italia PEC: artheria@pec.artheria.it.
18.2
The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and Artheria cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may file a claim in court.
18.3
WITHOUT PREJUDICE TO ANY DIFFERENT MANDATORY LEGAL PROVISIONS, THIS EULA AND ANY DISPUTE ARISING OUT OF IT SHALL BE GOVERNED BY ITALIAN LAW.
18.4
WITHOUT PREJUDICE TO ANY MANDATORY PROVISIONS OF THE LAW, USER AGREES THAT ALL DISPUTES, CAUSES OF ACTION, CLAIMS, OR CONTROVERSIES ARISING UNDER THESE EULA THAT CANNOT BE SETTLED THROUGH INFORMAL NEGOTIATION WILL BE RESOLVED EXCLUSIVELY IN THE COURTS LOCATED IN FLORENCE, ITALY, AND USER AGREES TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ALL SUCH CLAIMS. THE PREVAILING PARTY IN ANY LITIGATION RELATED TO THIS EULA WILL BE ENTITLED TO ITS REASONABLE ATTORNEYS’ FEES AND COURT COSTS.
18.5
This section describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the Application. This EULA does not change those other rights.
19. AMENDMENT
Artheria reserves the right to change or modify this EULA on a going-forward basis at any time and in its sole discretion. If we make changes to this EULA, we will provide notice of such changes as appropriate, such as, providing notice through the Application and/or updating the “Last Updated” date at the top of these EULA. If you continue to use of the Application, you will confirm your acceptance of the revised EULA. If you do not agree to the revised EULA, you must stop using the Application. We encourage you to review this EULA from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Application.
By accepting this EULA and using the Application, User declares to have carefully examined and to have specifically approved the following Sections of the EULA:
3. ADDITIONAL TERMS AND THIRD-PARTY CONTENT; 5. RESTRICTION; 6. DEVICE; 10. TERMINATION; 11. UPDATES, MODIFICATIONS AND SUPPORT; 12. DISCLAIMERS AND WARRANTIES; 13. LIMITATION OF LIABILITY; 14. INDEMNIFICATION AND USER LIABILITY; 18. GOVERNING LAW AND JURISDICTION; 19. AMENDMENT.
(Last update: 10 Dec. 2021)
Thank you for choosing our software application (“Application”).
PLEASE READ THIS EULA CAREFULLY AND IN ITS ENTIRETY.
This EULA describes your rights and the conditions upon which you may use our Application. You should review the entire EULA, including any supplemental license terms that accompany the Application and any linked terms, because all the terms are important and together create this EULA that applies to you.
BY ACCEPTING THIS EULA, ACQUIRING OR USING OUR APPLICATION, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE OUR APPLICATION OR ANY SERVICES PROVIDED IN CONNECTION TO IT.
You may contact Oculus Platform to determine its return policy and return the Application for a refund or credit under that policy.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
INDEX
Definitions
Legal age
Additional terms and third-party content
License and permissions
Restriction
Device
Costs and purchases
Ownership and intellectual property
User content and suggestions
Termination
Updates, modifications and support
Disclaimers and warranties
Limitation of liability
Indemnification and user liability
Severability
Assignment
Nonwaiver
Governing law and jurisdiction
Amendment
1. DEFINITIONS
The following terms shall have the following meanings when used in this EULA:
EULA: this agreement and all others applicable terms of use and privacy policies provided by Oculus Platform that contain rights and conditions upon which the User may use our Application;
User: any person of legal age allowed, under this EULA, to use the Application;
Artheria (or “We”, “Us”): means Artheria S.r.l., located in Silea (TV), via Galileo Galilei n. 15/1 – Italy, vat n. 04974070262;
Application: means the software application named Vajont, the virtual reality game developed and exclusively own by Artheria;
Device: means any virtual, mixed or augmented reality hardware device that is approved or granted by Oculus or its affiliates, including, but not limited to, Oculus Rift, Oculus Rift S, Oculus Go, Oculus Quest, Oculus Quest 2 virtual reality headsets;
Oculus: Facebook Technologies, LLC, located at 1601 Willow Road, Menlo Park, CA 94025 and Facebook Technology Ireland Limited, located at 4 Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Oculus Platform: platform or store where you downloaded the Application;
IP Rights: any and all known or hereafter existing worldwide copyrights, trademark, service marks, trade secrets, patents, patent applications, know-how, moral rights, contract rights, other proprietary rights and all registrations, applications, renewals, extensions and combinations of the foregoing.
2. LEGAL AGE
Considering the contractual nature of this EULA, the Application herein is available only to people who are of legal age and, in no event, the Application may the be used by a person under the age of majority (which in italy is set at 18 years) without consent from the respective parents or legal guardian.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SOFTWARE PRODUCT WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THIS EULA. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE, MAKE SURE TO REVIEW THIS EULA WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
3. ADDITIONAL TERMS AND THIRD-PARTY CONTENT
3.1
Your use of our Application and/or your use of services or contents provided by third parties and made available through the Application, may be subject to additional end user agreements. Please be sure to read them.
3.2
Please notice that your use of our Application is subject to the applicable terms of use and privacy policies for the platform or store where you downloaded the Application (Steam), which could include, without limitation, the Steam Terms of Service and Supplemental Steam Terms of Service: https://store.steampowered.com/eula/471710_eula_0. This EULA does not modify the applicable terms and conditions of using Steam. If you use or purchase any other product or service through Steam, you also will be subject to any terms and conditions applicable to that product and service.
3.3
Other additional third party terms may apply to your use of certain features or services. Some features of the Application provide an access point to, or rely on, online services or specific devices (such as, for example, services that provide internet access or Devices). The use of those services and devices is sometimes governed by separate terms and privacy policies. You can view these terms and policies by looking at the applicable service terms of use. Artheria does not endorse or control these third party terms and conditions and assumes no responsibility or liability with respect to your access to or use of the third party content nor for any content or functionality contained in such third party content. Therefore, Atheria do not make any representations or warranties with respect to the Third Party Content and do not hold any responsibility for any errors or omissions that depend on third party content, your rights to which are solely provided pursuant to a license between you and the provider of such content.
4. LICENSE AND PERMISSIONS
Subject to the terms and conditions of this EULA, Artheria grants the User a non-transferable, non- sublicensable, worldwide, nonexclusive, perpetual (unless stated to be a time limited term), license to access, install and use the Application solely for personal and noncommercial purposes, provided that User complies with these EULA. Therefore, Application is licensed, not sold and User is authorized to use it only if properly licensed.
No licenses or rights are granted to User by implication or otherwise, except for the licenses and rights expressly granted under this EULA. Atheria reserves all other rights (including rights under intellectual property laws) not expressly granted.
5. RESTRICTION
5.1
By accepting this EULA and using the Application, you agree not to use the Application for any illegal or unauthorized purpose or any activity that violates the License grantend under this EULA. More specifically, except as expressly permitted by Artheria or under applicable law, this license does not give you any right to, and you may not:
publish, sell, distribute, rent, lease, transfer or lend the Application;
work around any technical restrictions or limitations in the Application;
copy, edit or modify any part of the Application, including any of its content;
reverse engineer, decompile or disassemble the Application, or attempt to do so;
attempt to extract the source code of the Application or to prepare derivative works based upon;
use the Application for any commercial purpose or for the benefit of any third party;
develop or allow any malware, adware, spyware, Trojan Horses, other automated bots, auto players, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Application or to extract data from the Application;
access or use the Application in any manner that could inhibit anyone else from fully enjoying the Application, including intimidating, vulgar, threatening, hateful or otherwise offensive behavior or content;
violate any applicable law or regulation.
5.2
Any unauthorized use of the Software Product is strictly prohibited and allows us to: (I) terminate the license granted under this EULA; or (II) revoke or reduce User’s access to any functionality in thr Application. Notwithstanding the foregoing, we reserve the right to investigate and prosecute violations of any of the above, as well as to claim any losses and damages, involve and cooperate with law enforcement authorities in prosecuting anyone who violates these clause.
6. DEVICE
6.1
Our Application is designed to be used in connection with, an supported by, Devices, and you are solely responsible for obtaining all hardware necessary to use the Application and for their correct use. Please, consult Oculus Platform for more information on compatible and supported Devices.
6.2
Considering the above, and in addiction to art. 3.3 above, Artheria will not be responsible or liable for any personal injury, property damage or any other issue that User may suffer as a result of use a Device. Therefore you should carefully review terms and conditions, all setup and operating instructions for such Devices.
6.3
In the event you use a virtual reality headset Device, please read carefully all the specific warnings and recommendations before using the headset, in order to reduce the risk of personal injury, discomfort or property damage. You should consult Oculus website and/or Devices Developer website regularly to acknowledge such warnings.
Notwithstanding the foregoing, please make sure to follow these general precautions:
Application is designed for use only with authorized Device. So, the use of an unauthorized device may result in injury to you or others and may cause performance issues or damage to your system.
People who are prone to motion sickness in the real world may have a heightened risk of experiencing discomfort while using a headset in connection with the Application. Such people should take extra care to use a headset and may be recommended to see a doctor before using it, expecially if the User is pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from seizures, epileptic seizures any serious medical condition.
The use of headsets distracts you from and completely blocks your view of your actual surroundings. Always be aware of your surroundings when using a headset and remain seated at all times. Take special care to ensure that you are not near other people, objects, stairs, balconies, windows, furniture, or other items that you can bump into or knock down when using – or immediately after using - a headset. Do not handle dangerous objects while using a headset.
Take frequent break, even if you do not think you need it.
If you feel discomfort, immediately remove the headset and stop using it.
Do not use a headset with the sound at high volume so that you can maintain awareness of your surroundings and reduce the risk of hearing damage.
7. COSTS AND PURCHASES
Application is a paid product that can be purchased from Steam. The license granted to you under this EULA is conditioned upon your valid purchase of the Application pursuant to the applicable Oculus Platform terms and conditions of purchase.
8. OWNERSHIP AND INTELLECTUAL PROPERTY
8.1
Application is property of Artheria (or its licensors or affiliates) and it is wolrdwide protected by copyright, trademark and other laws. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or IP Rights notices incorporated in or accompanying the Application.
8.2
Artheria’s (or its licensors or affiliates) IP Rights also include any rights to drawings, titles, code, themes, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, text, graphics, logos, moral rights and any other IP Right related to the Application.
8.3
Any use of the Application, in whole or in part, without Artheria’s prior written permission that violates the abovementioned rights or in any matter cause any harm to Artheria’s IP Rights shall subject the infringing party to any remedies provided by law, including indemnifications.
9. USER CONTENT AND SUGGESTIONS
9.1
If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Application, you give us a worldwide, perpetual, irrevocable and royalty-free license to use and exploit that feedback for any purpose and without any obligation to you.
9.2
Our Application may include interactive features and areas where you may submit, post, upload or otherwise transmit content including, but not limited to, text, images, photos, videos, sounds and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to User Content, but you are solely responsible for the User Content you make available through the Application.
9.3
Artheria does not endorse, control, monitor, edit or screen the opinions, views, advice, or recommendations posted or sent by users and has no responsibility or liability for User Content made available through the Application. However, we do reserve the right, and have absolute discretion, to remove or report User Content at any time and for any reason.
10. TERMINATION
10.1
We reserve the right to terminate your license and your right to access and use the Application if you: (I) violate these EULA or any other terms or policies referenced herein; (III) otherwise create risk or possible legal exposure for us; (III) infringe any intellectual property rights.
10.2
We also reserve the right, in our sole discretion, to terminate or suspend the of the Application in any time or if we believe or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights or trademarks of others or engaging in any inappropriate behavior.
10.3
Upon any termination of this EULA the license granted will immediately terminate. Any terms in this EULA which by their nature extend beyond termination or expiration of this EULA will remain in effect until fulfilled.
11. UPDATES, MODIFICATIONS AND SUPPORT
11.1
We are under no obligation to update the Application. Application may rely on services provided by Steam or third parties for some or all of its functionality or for updates. The Application may not function properly or may become inoperable if these parties discontinue their services and do not upload the updates provided by Artheria.
11.2
Artheria reserves the right to change, suspend, remove, discontinue or disable access to the Application or particular portions thereof, at any time and without notice. In no event will Artheria be liable for the removal of or disabling of access to any portion or feature of the Application
11.3
Steam, and not Artheria, will be responsible for all billing questions related to the purchase of the Application and for support with this respect. Steam will also be responsible for all support obligations relating to the Application, including but not limited to customer support, bug fixes, live operations support, and general technical support. Neither Artheria nor Oculus Platform are obliged to provide support for third party content.
12. DISCLAIMERS AND WARRANTIES
12.1
Artheria warrants that Application will perform substantially in accordance with its technical requirements for 60 days from the date of first purchase, or, if different, for the the minimum warranty period required by law. The warranties do not apply to any breach caused by: (a) any change to the Application, except where the changes were made by Artheria through Steam; (b) use of the Application in connection with devices not approved by Steamor Artheria; (c) failure of User to report a warranty claim within the warranty period. Artheria does not warrant that the Application is error-free or will operate without interruption.
12.2
ONCE YOU AGREE TO THIS EULA YOU CHOOSE TO ACCESS, VIEW OR USE THE APPLICATION ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS.WE MAY PROVIDE HEALTH AND SAFETY WARNINGS IN CONNECTION WITH OUR APPLICATION. YOU REPRESENT AND WARRANT THAT YOU WILL READ ALL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS WE PROVIDE BEFORE USING THE APPLICATION AND ALL OTHER WARNINGS AND INSTRUCTIONS PROVIDED BY ANY DEVICES DEVELOPER.
12.3
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND ARTHERIA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARTHERIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THE ADEQUACY OF THE APPLICATION TO PRODUCE A PARTICULAR RESULT. IN ADDITION, ARTHERIA DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE APPLICATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY ARTHERIA WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTHERIA SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARTHERIA ARISING OUT OF, OR RELATING TO, THE USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE GREATER OF ONE HUNDRED EURO (€100) OR THE AMOUNT YOU PAID US TO USE OUR APPLICATION. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE EULA, NOTHING IN THESE EULA EXCLUDES OR LIMITS OUR LIABILITY FOR EVENTS OR DAMAGES THAT, UNDER ITALIAN LAW, CANNOT BE EXCLUDED.
14. INDEMNIFICATION AND USER LIABILITY
You agree to indemnify, defend and hold harmless ARTHERIA and its affiliates from any claim or demand, including, without limitation, damages, costs, liabilities, expenses, reasonable legal fees, that may be asserted or filed by any third party, arising out of orrelating to: (I) your use of the Application or any product or service available through the Application; (II) your submission or provision of User Content; (III) your violation of these EULA or any other violation of the rights of another party; (IV) your violation of any applicable law or any rights of any third party.
15. SEVERABILITY
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these EULA and shall not affect the validity and enforceability of any remaining provisions.
16. ASSIGNMENT
You may not assign these EULA or any of the rights granted hereunder without the prior written consent of Artheria and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these EULA will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
17. NONWAIVER
Any failure by Artheria to insist upon or enforce performance by you of any of the provisions of these EULA or to exercise any rights or remedies under these EULA or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.
18. GOVERNING LAW AND JURISDICTION
18.1
Our goal is to resolve claims fairly and quickly. Accordingly, for any dispute that you have against Artheria, you agree to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). The Notice to Artheria must be sent by certified mail addressed to: ARTHERIA SRL, Silea (TV) Via Galileo Galilei n. 15/1 – Italia PEC: artheria@pec.artheria.it.
18.2
The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and Artheria cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may file a claim in court.
18.3
WITHOUT PREJUDICE TO ANY DIFFERENT MANDATORY LEGAL PROVISIONS, THIS EULA AND ANY DISPUTE ARISING OUT OF IT SHALL BE GOVERNED BY ITALIAN LAW.
18.4
WITHOUT PREJUDICE TO ANY MANDATORY PROVISIONS OF THE LAW, USER AGREES THAT ALL DISPUTES, CAUSES OF ACTION, CLAIMS, OR CONTROVERSIES ARISING UNDER THESE EULA THAT CANNOT BE SETTLED THROUGH INFORMAL NEGOTIATION WILL BE RESOLVED EXCLUSIVELY IN THE COURTS LOCATED IN FLORENCE, ITALY, AND USER AGREES TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ALL SUCH CLAIMS. THE PREVAILING PARTY IN ANY LITIGATION RELATED TO THIS EULA WILL BE ENTITLED TO ITS REASONABLE ATTORNEYS’ FEES AND COURT COSTS.
18.5
This section describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the Application. This EULA does not change those other rights.
19. AMENDMENT
Artheria reserves the right to change or modify this EULA on a going-forward basis at any time and in its sole discretion. If we make changes to this EULA, we will provide notice of such changes as appropriate, such as, providing notice through the Application and/or updating the “Last Updated” date at the top of these EULA. If you continue to use of the Application, you will confirm your acceptance of the revised EULA. If you do not agree to the revised EULA, you must stop using the Application. We encourage you to review this EULA from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Application.
By accepting this EULA and using the Application, User declares to have carefully examined and to have specifically approved the following Sections of the EULA:
3. ADDITIONAL TERMS AND THIRD-PARTY CONTENT; 5. RESTRICTION; 6. DEVICE; 10. TERMINATION; 11. UPDATES, MODIFICATIONS AND SUPPORT; 12. DISCLAIMERS AND WARRANTIES; 13. LIMITATION OF LIABILITY; 14. INDEMNIFICATION AND USER LIABILITY; 18. GOVERNING LAW AND JURISDICTION; 19. AMENDMENT.