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ISHIBLOOM END USER LICENSE AGREEMENT
For the purposes of this agreement, the "Company" will refer to IshiBloom LLC, "Agreement" will refer to the following End User License Agreement detailed within this document and/or page and "Software" will refer to any and all of the Company's various products, including but not limited to 51:22:51. The terms "we," "us," and "our" refer to the Company. "You" refers to you, as a user of our Software.
Please read the following Agreement before installing the Software. By installing, copying, and/or otherwise using the Software, you agree to be bound by the terms of this Agreement as set forth by the Company.
Your use of the Software is also subject to the terms and conditions set forth in the Steam Subscriber Agreement and/or any other terms set forth by Valve Corporation in relation to the Steam service, and/or the Subscriber Agreement set forth by any other storefront where the Software may be made available for purchase, download and/or use.
If you agree to the terms set forth in this Agreement, select "I ACCEPT" to install the Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Software.
If you do not agree to the terms set forth in this Agreement, select "I DO NOT ACCEPT" and the Company shall not grant to you the license detailed within this document and/or page or any other license to the Software.
I. SAFETY
You agree that you shall abide by the safety guidelines or other relevant notices provided by your Virtual Reality Hardware Manufacturer at all times during your use of the Software. You acknowledge that you have located and read and understand the Virtual Reality Hardware Manufacturer's guidelines. If you are using the HTC Vive, this safety information includes HTC's Safety and Regulatory Guide for the Vive.
Your actions while using the Software could place you, people near you, and/or pets and objects near you in danger. By choosing to use the Software, you voluntarily acknowledge and accept any and all risks associated with use of the Software.
While using the Software, you will be moving your hands, feet and body. While wearing your Virtual Reality Headset and using the Software, you will not be able to see anything in the physical room around you. The image displayed in the headset will not match the real world. While using the Software, if you move your feet, do so slowly and maintain your balance. If your Virtual Reality Headset is connected to another device by a cable, be aware of your cable at all times and do not trip on it. Falling and/or striking an object with your head, limbs or body could cause serious injury or death to you or others.
It is strongly recommended that you use the Software only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach while using the Software. Be sure you can hear the supervising person at all times while using the Software.
While using the hand controllers during your use of the Software, always check that you have sufficient overhead and surrounding clearance to allow you to fully extend your arms outward and upwards. Hold the controllers firmly and always use the wrist straps. Do not use the Software near stairways, windows or heat sources. While using the Software, avoid moving your hands or body in a rapid or uncontrolled manner. Doing so may cause serious injury to yourself or others. You acknowledge and agree that you will not rely on any mechanism in the Software for protection.
Each time you use the Software, you acknowledge that it is your responsibility to completely clear your play area of people, pets, furniture and all objects that you could potentially strike, contact or otherwise become entangled with. This includes, but is not limited to, computer equipment, monitors, television sets, light fixtures, mirrors and artwork. Be especially aware of ceiling light fixtures and ceiling fans within your play space. Striking, contacting or becoming entangled in any object while using the Software could cause serious injury or damage.
You acknowledge that using the Software with your Virtual Reality Hardware may involve a test of your physical and mental limits and may carry with it the potential for serious injury, property loss and/or death. The risks of using the Software may include, but are not limited to, those caused by loss of balance, an inability to see physical surroundings, an inability to hear sounds in your physical surroundings, any part of your body hitting or otherwise contacting people or objects in your physical surroundings, repetitive or strenuous motion of any part of your body, involuntary motion or action of any part of your body or stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Software on the Virtual Reality Headset screen, including but not limited to images of rapidly flashing lights, could induce epileptic seizures.
Due to the immersive nature of the Software, you may feel compelled to move your body and/or limbs in an uncontrolled, rapid or otherwise unsafe manner, and/or you may feel compelled to move or reach beyond the safe boundaries of the play area you have prepared when following your Virtual Reality Manufacturer's Safety Guidelines. You agree that if you choose to use the Software, you will avoid such actions at all times, and that it is solely your responsibility to move and act in a safe and controlled manner while using the Software. You acknowledge and agree that you will not rely on any mechanism in the Software for protection.
You may feel overwhelmed by the immersive nature of the Software and you may experience intense physical and psychological sensations during or after its use. You acknowledge that you are capable of removing your Virtual Reality Headset at any time during the use of the Software in order to cease experiencing the Software, to check your location within your physical surroundings, to provide yourself with adequate rest and recovery or for any other reason to ensure your mental and/or physical comfort and safety.
The Software is not intended for use by children. Children may be unable to maintain safe control of their actions if permitted to use the Software. You agree that you will not allow children under the age of 13 to use the Software. You agree that persons under the age of minority (18 years of age in the United States), shall be supervised by an adult at all times while using the Software. It is further recommended that all persons be supervised while using the Software to ensure safety.
You acknowledge that you are voluntarily participating in the use of the Software entirely at your own risk. You are aware of the risks associated with using the Software, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and/or death. You understand that these injuries or outcomes may arise from your use of the Software, including due to your own or other's negligence. You assume all the related risks, known or unknown to you, of using the Software.
II. LIMITED USE LICENSE
The Company grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Software on one (1) computer hard drive or Virtual Reality Headset at any given time solely for your personal use (the "License"). All rights not specifically granted under this License are hereby reserved by the Company. The Software is licensed to you, not sold. This License does not give you any title or ownership in or of the Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Software.
III. OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software and any and all copies thereof, including but not limited to, any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated into the Software and any related documentation, are owned by the Company.
The Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other relevant national and international laws. All rights are reserved worldwide. The Company will protect its rights in the event of any violation of this Agreement.
IV. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
i. without written permission from the Company, use, advertise or exploit in any manner the Software or any of its parts commercially, including but not limited to, use at a cyber or internet cafe', computer gaming center or any other location-based site;
ii. without a separate, additional license from the Company, use the Software or permit the use of the Software, on more than one computer at the same time;
iii. use the Software, or permit use of the Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by the Company in writing;
iv. make copies of the Software or any part thereof;
v. sell, rent, lease, license, distribute, upload to any internet server or web site, or otherwise transfer any portion or copies of the Software without the express written consent of the Company;
vi. reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Software, in whole or in part, in any event, except as the applicable law expressly permits, in which case any and all lawful modifications, adaptations, improvements, changes, and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of the Company;
vii. remove, disable or circumvent any security protections or any technical measures that control access to the Software;
viii. remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software;
ix. export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations;
x. create data or executable programs that mimic data or functionality of or within the Software.
You agree that you shall abide by the safety information, maintenance instructions and/or other relevant notices that is included with, and/or present within the Software.
V. SOFTWARE UPDATES AND PATCHES
The Company may provide updates, patches and other modifications to the Software that must be installed for the Software to continue to operate properly, or at all. The Company may update, patch or modify the Software remotely and access the Software residing on your machine for such purpose, and you hereby grant to the Company the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the Software shall also include all such patches, updates and modifications.
VI. LIMITED WARRANTY
You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk.
Other than expressly set forth in this Agreement, the Software is provided "as is," without warranty of any kind, either express or implied, including without limitation, any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose or non-infringement. No oral or written advice or information given by the Company or any of its authorized representatives shall create a warranty or in any way increase the scope of this Limited Warranty.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states or jurisdictions, the Company's liability shall be limited to the maximum extent permitted by law. Under no circumstances shall any implied warranty required by law exceed the period of the Limited Warranty in this Agreement.
VII. LIMITATIONS ON DAMAGES
In no event shall the Company be liable for special, incidental or consequential damages resulting from possession, use or malfunction of the Software, including without limitation, any losses or damages connected with or consisting of lost profits, damage to property, lost or corrupted data or files, loss of goodwill, console, computer or handheld device failure, errors and/or lost business or other information as a result of possession, use or malfunction of the Software, or personal injuries, even if the Company has been advised of the possibility of such loss or damages. In no event shall the Company be liable for special, consequential or incidental damages resulting from the breach of any express or implied warranties or any other terms of this Agreement. The total liability of the Company in all cases shall not exceed $0.00 USD. The foregoing applies even if any remedy fails of its essential purpose.
VIII. TERM AND TERMINATION
Without prejudice to any other rights of the Company, the License shall remain in effect for as long as you use, operate or run the Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Software. The Sections entitled "Ownership," "License Conditions and Restrictions," "Limitations on Damages," "Term and Termination," "Indemnity," "Choice of Law and Jurisdiction," and "Miscellaneous" shall survive any termination of this License.
IX. INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software or any breach by you of the terms of this Agreement.
X. CHOICE OF LAW AND JURISDICTION
This Agreement, and the rights and obligations of you and the Company concerning the Software, shall be construed and enforced under Delaware State Law in the United States of America, without regard to Delaware's conflicts of laws principles. To the extent any claims are governed by federal law, such federal law also shall be applicable. You and the Company consent to the exclusive personal jurisdiction of the state and federal courts located in Dover, Delaware, in connection with any claim or dispute concerning this Agreement or the Software, and you and the Company waive any objection based on the venue or inconvenience of such forum. If you are from outside the United States, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
XI. AMENDMENTS
The Company reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Company website and/or will communicate such changes through the Steam service, or any service where the Software appears for purchase, download and/or use. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
XII. MISCELLANEOUS
This Agreement represents the complete Agreement between you and the Company concerning the License and your rights to use the Software, and supersedes all prior agreements and representations, warranties or understandings between you and the Company, whether negligently or innocently made but excluding those made fraudulently, regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
Last Updated: This End User License Agreement was last updated on 09/28/2022.
For the purposes of this agreement, the "Company" will refer to IshiBloom LLC, "Agreement" will refer to the following End User License Agreement detailed within this document and/or page and "Software" will refer to any and all of the Company's various products, including but not limited to 51:22:51. The terms "we," "us," and "our" refer to the Company. "You" refers to you, as a user of our Software.
Please read the following Agreement before installing the Software. By installing, copying, and/or otherwise using the Software, you agree to be bound by the terms of this Agreement as set forth by the Company.
Your use of the Software is also subject to the terms and conditions set forth in the Steam Subscriber Agreement and/or any other terms set forth by Valve Corporation in relation to the Steam service, and/or the Subscriber Agreement set forth by any other storefront where the Software may be made available for purchase, download and/or use.
If you agree to the terms set forth in this Agreement, select "I ACCEPT" to install the Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Software.
If you do not agree to the terms set forth in this Agreement, select "I DO NOT ACCEPT" and the Company shall not grant to you the license detailed within this document and/or page or any other license to the Software.
I. SAFETY
You agree that you shall abide by the safety guidelines or other relevant notices provided by your Virtual Reality Hardware Manufacturer at all times during your use of the Software. You acknowledge that you have located and read and understand the Virtual Reality Hardware Manufacturer's guidelines. If you are using the HTC Vive, this safety information includes HTC's Safety and Regulatory Guide for the Vive.
Your actions while using the Software could place you, people near you, and/or pets and objects near you in danger. By choosing to use the Software, you voluntarily acknowledge and accept any and all risks associated with use of the Software.
While using the Software, you will be moving your hands, feet and body. While wearing your Virtual Reality Headset and using the Software, you will not be able to see anything in the physical room around you. The image displayed in the headset will not match the real world. While using the Software, if you move your feet, do so slowly and maintain your balance. If your Virtual Reality Headset is connected to another device by a cable, be aware of your cable at all times and do not trip on it. Falling and/or striking an object with your head, limbs or body could cause serious injury or death to you or others.
It is strongly recommended that you use the Software only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach while using the Software. Be sure you can hear the supervising person at all times while using the Software.
While using the hand controllers during your use of the Software, always check that you have sufficient overhead and surrounding clearance to allow you to fully extend your arms outward and upwards. Hold the controllers firmly and always use the wrist straps. Do not use the Software near stairways, windows or heat sources. While using the Software, avoid moving your hands or body in a rapid or uncontrolled manner. Doing so may cause serious injury to yourself or others. You acknowledge and agree that you will not rely on any mechanism in the Software for protection.
Each time you use the Software, you acknowledge that it is your responsibility to completely clear your play area of people, pets, furniture and all objects that you could potentially strike, contact or otherwise become entangled with. This includes, but is not limited to, computer equipment, monitors, television sets, light fixtures, mirrors and artwork. Be especially aware of ceiling light fixtures and ceiling fans within your play space. Striking, contacting or becoming entangled in any object while using the Software could cause serious injury or damage.
You acknowledge that using the Software with your Virtual Reality Hardware may involve a test of your physical and mental limits and may carry with it the potential for serious injury, property loss and/or death. The risks of using the Software may include, but are not limited to, those caused by loss of balance, an inability to see physical surroundings, an inability to hear sounds in your physical surroundings, any part of your body hitting or otherwise contacting people or objects in your physical surroundings, repetitive or strenuous motion of any part of your body, involuntary motion or action of any part of your body or stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Software on the Virtual Reality Headset screen, including but not limited to images of rapidly flashing lights, could induce epileptic seizures.
Due to the immersive nature of the Software, you may feel compelled to move your body and/or limbs in an uncontrolled, rapid or otherwise unsafe manner, and/or you may feel compelled to move or reach beyond the safe boundaries of the play area you have prepared when following your Virtual Reality Manufacturer's Safety Guidelines. You agree that if you choose to use the Software, you will avoid such actions at all times, and that it is solely your responsibility to move and act in a safe and controlled manner while using the Software. You acknowledge and agree that you will not rely on any mechanism in the Software for protection.
You may feel overwhelmed by the immersive nature of the Software and you may experience intense physical and psychological sensations during or after its use. You acknowledge that you are capable of removing your Virtual Reality Headset at any time during the use of the Software in order to cease experiencing the Software, to check your location within your physical surroundings, to provide yourself with adequate rest and recovery or for any other reason to ensure your mental and/or physical comfort and safety.
The Software is not intended for use by children. Children may be unable to maintain safe control of their actions if permitted to use the Software. You agree that you will not allow children under the age of 13 to use the Software. You agree that persons under the age of minority (18 years of age in the United States), shall be supervised by an adult at all times while using the Software. It is further recommended that all persons be supervised while using the Software to ensure safety.
You acknowledge that you are voluntarily participating in the use of the Software entirely at your own risk. You are aware of the risks associated with using the Software, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and/or death. You understand that these injuries or outcomes may arise from your use of the Software, including due to your own or other's negligence. You assume all the related risks, known or unknown to you, of using the Software.
II. LIMITED USE LICENSE
The Company grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Software on one (1) computer hard drive or Virtual Reality Headset at any given time solely for your personal use (the "License"). All rights not specifically granted under this License are hereby reserved by the Company. The Software is licensed to you, not sold. This License does not give you any title or ownership in or of the Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Software.
III. OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software and any and all copies thereof, including but not limited to, any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated into the Software and any related documentation, are owned by the Company.
The Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other relevant national and international laws. All rights are reserved worldwide. The Company will protect its rights in the event of any violation of this Agreement.
IV. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
i. without written permission from the Company, use, advertise or exploit in any manner the Software or any of its parts commercially, including but not limited to, use at a cyber or internet cafe', computer gaming center or any other location-based site;
ii. without a separate, additional license from the Company, use the Software or permit the use of the Software, on more than one computer at the same time;
iii. use the Software, or permit use of the Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by the Company in writing;
iv. make copies of the Software or any part thereof;
v. sell, rent, lease, license, distribute, upload to any internet server or web site, or otherwise transfer any portion or copies of the Software without the express written consent of the Company;
vi. reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Software, in whole or in part, in any event, except as the applicable law expressly permits, in which case any and all lawful modifications, adaptations, improvements, changes, and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of the Company;
vii. remove, disable or circumvent any security protections or any technical measures that control access to the Software;
viii. remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software;
ix. export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations;
x. create data or executable programs that mimic data or functionality of or within the Software.
You agree that you shall abide by the safety information, maintenance instructions and/or other relevant notices that is included with, and/or present within the Software.
V. SOFTWARE UPDATES AND PATCHES
The Company may provide updates, patches and other modifications to the Software that must be installed for the Software to continue to operate properly, or at all. The Company may update, patch or modify the Software remotely and access the Software residing on your machine for such purpose, and you hereby grant to the Company the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the Software shall also include all such patches, updates and modifications.
VI. LIMITED WARRANTY
You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk.
Other than expressly set forth in this Agreement, the Software is provided "as is," without warranty of any kind, either express or implied, including without limitation, any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose or non-infringement. No oral or written advice or information given by the Company or any of its authorized representatives shall create a warranty or in any way increase the scope of this Limited Warranty.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states or jurisdictions, the Company's liability shall be limited to the maximum extent permitted by law. Under no circumstances shall any implied warranty required by law exceed the period of the Limited Warranty in this Agreement.
VII. LIMITATIONS ON DAMAGES
In no event shall the Company be liable for special, incidental or consequential damages resulting from possession, use or malfunction of the Software, including without limitation, any losses or damages connected with or consisting of lost profits, damage to property, lost or corrupted data or files, loss of goodwill, console, computer or handheld device failure, errors and/or lost business or other information as a result of possession, use or malfunction of the Software, or personal injuries, even if the Company has been advised of the possibility of such loss or damages. In no event shall the Company be liable for special, consequential or incidental damages resulting from the breach of any express or implied warranties or any other terms of this Agreement. The total liability of the Company in all cases shall not exceed $0.00 USD. The foregoing applies even if any remedy fails of its essential purpose.
VIII. TERM AND TERMINATION
Without prejudice to any other rights of the Company, the License shall remain in effect for as long as you use, operate or run the Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Software. The Sections entitled "Ownership," "License Conditions and Restrictions," "Limitations on Damages," "Term and Termination," "Indemnity," "Choice of Law and Jurisdiction," and "Miscellaneous" shall survive any termination of this License.
IX. INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software or any breach by you of the terms of this Agreement.
X. CHOICE OF LAW AND JURISDICTION
This Agreement, and the rights and obligations of you and the Company concerning the Software, shall be construed and enforced under Delaware State Law in the United States of America, without regard to Delaware's conflicts of laws principles. To the extent any claims are governed by federal law, such federal law also shall be applicable. You and the Company consent to the exclusive personal jurisdiction of the state and federal courts located in Dover, Delaware, in connection with any claim or dispute concerning this Agreement or the Software, and you and the Company waive any objection based on the venue or inconvenience of such forum. If you are from outside the United States, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
XI. AMENDMENTS
The Company reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Company website and/or will communicate such changes through the Steam service, or any service where the Software appears for purchase, download and/or use. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
XII. MISCELLANEOUS
This Agreement represents the complete Agreement between you and the Company concerning the License and your rights to use the Software, and supersedes all prior agreements and representations, warranties or understandings between you and the Company, whether negligently or innocently made but excluding those made fraudulently, regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
Last Updated: This End User License Agreement was last updated on 09/28/2022.