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MOTUS PAINTBALL VR END USER LICENSE AGREEMENT
Last Updated August 28, 2024
______________________________________________________
This End User License Agreement (“Agreement”) is made between:
Ares Softworks, LLC (“Ares”)
and
you the “Customer”
Concerning the use of the “Motus Paintball VR” software. This agreement applies to the Motus Paintball VR game and all of its future updates and addons unless governed by a separate agreement, in which case you will be explicitly asked to agree to the separate agreement.
This Agreement is effective on the date that the Customer accepts the agreement (the “Effective Date”). Acceptance is required prior to the use of the Software. If you do not accept this Agreement please choose “Decline” and you must refrain from using the Software in any way. This Agreement must be accepted by an adult. If you are a minor, you must have the Agreement reviewed and accepted by your parent or legal guardian.
1. CERTAIN DEFINED TERMS.
"Software." The Motus Paintball VR game, inclusive of all code and all concepts and designs embodied therein. The Software may be updated by Ares from time to time, and this Agreement shall apply to your use of any version of the Software.
“Proprietary Rights." Any and all rights, whether registered or unregistered, in and with respect to patents, copyrights, confidential information, know-how, trade secrets, moral rights, contract or licensing rights, confidential and proprietary information protected under contract or otherwise under law, trade names, domain names, trade dress, logos, trademarks, service marks, and other similar rights or interests in intellectual property. These Proprietary Rights may belong to Ares or a third party.
“Site." Ares’s website, which includes information about the Software. The current version of the Site can be accessed at https://store.steampowered.com/app/2947050/Motus_Paintball_VR. Ares may, in its discretion, update the Site so that it is accessible from additional or different addresses.
2. LICENSE GRANT:
Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Ares hereby grants to Customer only, and solely for Customer’s non-commercial purposes, a non-exclusive, non-transferable, limited license to use the Software to play the Motus Paintball VR game. All rights not expressly granted to Customer herein are expressly reserved by Ares. Ares may terminate this agreement, revoke the limited license, and end Customer’s ability to use the Software without prior notice for any use which is inconsistent with the limited license granted in addition to other remedies available under this Agreement.
3. OWNERSHIP: Ares owns the Software. Except as specifically provided in this Agreement, no rights in the Software are transferred to Customer. Customer agrees that nothing in this Agreement or any associated documents give it any right, title or interest in the Software except for the limited license granted in this Agreement. Ownership of any additional Proprietary Rights embodied in the Software shall remain exclusively vested in and be the sole and exclusive property of the owner. In addition, Customer hereby transfers and assigns to Ares any rights Customer may have to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Customer relating to the Software. The domain name, product names and logos associated with the Software are trademarks and property of Ares, and no right or license is granted to Customer to use them.
4. USE RESTRICTIONS. Customer agrees that its use of the Software will be in a manner consistent with this Agreement and with all applicable laws and regulations, including those relating to Proprietary Rights, and export control laws. Without limiting the generality of the foregoing, Customer shall not, nor shall it permit or assist others, without the prior written consent of Ares, to:
(a) Remove any notices of “Proprietary Rights" as defined herein;
(b) Sell, assign, transfer, rent, lease, or sub-license this Agreement or the Software without the prior written consent of Ares, which consent may be withheld by Ares for any or no reason;
(c) Copy, reverse-engineer, decompile, disassemble, create a derivative work from, or otherwise attempt to derive the source codes of any part of the Software, to attempt to perform any such actions, or to authorize or assist any such actions;
(d) Bypass or remove any measure preventing misuse of the Software;
(e) Cheat, willfully exploit bugs or glitches, willfully harass other players, or utilize any software or other means to do any of the aforementioned activities; or
(f) Access, alter, or modify any parts of the Software, or attempt to do so.
5. SUITABILITY: Customer alone is responsible for determining whether or not the Software is suitable for the intended use. The Software is provided “as is.” Ares does not guarantee that the Software works without any bugs, glitches, or other issues. Ares does not guarantee that the Software will be updated. Importantly, Customer alone (or a minor’s parent/guardian) is responsible for determining whether or not Customer is physically able to use the Software, which is a virtual reality game that can be physically challenging. Customer must read the health and safety warnings provided with your headset (https://www.meta.com/quest/safety-center/) before playing. Customer should also consult with a doctor before playing.
6. TERMINATION OF AGREEMENT: Ares may terminate this Agreement for default by the other party at any time without prior notice.
7. WARRANTY DISCLAIMERS. THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTY. ARES SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE SERVICES OR SOFTWARE, AND THAT CUSTOMER HAS NOT RELIED ON ANY REPRESENTATION NOT EXPRESSLY SET OUT IN THIS AGREEMENT. ARES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL OPERATE IN THE COMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE, OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
8. DISCLAIMER OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES. IN NO EVENT SHALL ARES BE LIABLE TO CUSTOMER UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUES, OR OTHER LOSSES ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ARES HAS BEEN ADVISED OF, OR HAD OR SHOULD HAVE HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF, THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
9. WAIVER. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or of any other provisions hereof; and no waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged herewith.
10. NOTICE. The parties agree to send and receive notices and otherwise permit binding communications by electronic means, including but not limited to the electronic forms located at the Site. Any requirement that any item be in writing is satisfied if the item is a record, whether electronic or otherwise. Any requirement that any item be signed is satisfied by a valid electronic signature.
11. GOVERNING LAW AND JURSIDICTION: The laws of the State of Michigan, without regard for Michigan’s conflict of law rules, shall govern this Agreement. Customer consents to jurisdiction of, and venue in, the Michigan state courts in Genesee County, Michigan, and the United States District Court for the Eastern District of Michigan, and neither party may bring any action in any other court.
12. JURY WAIVER: BOTH PARTIES TO THIS AGREEMENT HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY.
13. SEVERABILITY: In the event that a court of competent jurisdiction determines that any portion of this Agreement is unenforceable, such determination shall not affect any other provisions of this Agreement, and the remaining provisions of this Agreement will remain in force and effect.
14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding of the parties with regard to the subject matter hereof, and it supersedes all prior and contemporaneous agreements, representations, documents, and proposals, oral or written, with regard to such subject matter.
15. AMENDMENT. This Agreement may be amended by Ares at any time. Customer accepts and agrees to any amendment which has been posted to the Site by continuing to use the Software after notice of the amendment has been posted on the Site for a period of 30 days. If you disagree with the changes contained in an amended version of this Agreement you can refuse to accept the amendments by discontinuing your use of the Software prior to acceptance of the amendment by way of continued use.
16. The Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Ares, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Ares, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Software, or will not revoke approval of this Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Ares and Epic. Ares, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
17. To the maximum extent permitted by applicable law, neither Ares, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ares’ or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Ares, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ares’ or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Ares’, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Ares, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
18. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ares, Epic, Epic’s licensors, its and their affiliates, and any of Ares’ or Epic’s service providers shall be limited to the full extent permitted by law.
Last Updated August 28, 2024
______________________________________________________
This End User License Agreement (“Agreement”) is made between:
Ares Softworks, LLC (“Ares”)
and
you the “Customer”
Concerning the use of the “Motus Paintball VR” software. This agreement applies to the Motus Paintball VR game and all of its future updates and addons unless governed by a separate agreement, in which case you will be explicitly asked to agree to the separate agreement.
This Agreement is effective on the date that the Customer accepts the agreement (the “Effective Date”). Acceptance is required prior to the use of the Software. If you do not accept this Agreement please choose “Decline” and you must refrain from using the Software in any way. This Agreement must be accepted by an adult. If you are a minor, you must have the Agreement reviewed and accepted by your parent or legal guardian.
1. CERTAIN DEFINED TERMS.
"Software." The Motus Paintball VR game, inclusive of all code and all concepts and designs embodied therein. The Software may be updated by Ares from time to time, and this Agreement shall apply to your use of any version of the Software.
“Proprietary Rights." Any and all rights, whether registered or unregistered, in and with respect to patents, copyrights, confidential information, know-how, trade secrets, moral rights, contract or licensing rights, confidential and proprietary information protected under contract or otherwise under law, trade names, domain names, trade dress, logos, trademarks, service marks, and other similar rights or interests in intellectual property. These Proprietary Rights may belong to Ares or a third party.
“Site." Ares’s website, which includes information about the Software. The current version of the Site can be accessed at https://store.steampowered.com/app/2947050/Motus_Paintball_VR. Ares may, in its discretion, update the Site so that it is accessible from additional or different addresses.
2. LICENSE GRANT:
Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Ares hereby grants to Customer only, and solely for Customer’s non-commercial purposes, a non-exclusive, non-transferable, limited license to use the Software to play the Motus Paintball VR game. All rights not expressly granted to Customer herein are expressly reserved by Ares. Ares may terminate this agreement, revoke the limited license, and end Customer’s ability to use the Software without prior notice for any use which is inconsistent with the limited license granted in addition to other remedies available under this Agreement.
3. OWNERSHIP: Ares owns the Software. Except as specifically provided in this Agreement, no rights in the Software are transferred to Customer. Customer agrees that nothing in this Agreement or any associated documents give it any right, title or interest in the Software except for the limited license granted in this Agreement. Ownership of any additional Proprietary Rights embodied in the Software shall remain exclusively vested in and be the sole and exclusive property of the owner. In addition, Customer hereby transfers and assigns to Ares any rights Customer may have to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Customer relating to the Software. The domain name, product names and logos associated with the Software are trademarks and property of Ares, and no right or license is granted to Customer to use them.
4. USE RESTRICTIONS. Customer agrees that its use of the Software will be in a manner consistent with this Agreement and with all applicable laws and regulations, including those relating to Proprietary Rights, and export control laws. Without limiting the generality of the foregoing, Customer shall not, nor shall it permit or assist others, without the prior written consent of Ares, to:
(a) Remove any notices of “Proprietary Rights" as defined herein;
(b) Sell, assign, transfer, rent, lease, or sub-license this Agreement or the Software without the prior written consent of Ares, which consent may be withheld by Ares for any or no reason;
(c) Copy, reverse-engineer, decompile, disassemble, create a derivative work from, or otherwise attempt to derive the source codes of any part of the Software, to attempt to perform any such actions, or to authorize or assist any such actions;
(d) Bypass or remove any measure preventing misuse of the Software;
(e) Cheat, willfully exploit bugs or glitches, willfully harass other players, or utilize any software or other means to do any of the aforementioned activities; or
(f) Access, alter, or modify any parts of the Software, or attempt to do so.
5. SUITABILITY: Customer alone is responsible for determining whether or not the Software is suitable for the intended use. The Software is provided “as is.” Ares does not guarantee that the Software works without any bugs, glitches, or other issues. Ares does not guarantee that the Software will be updated. Importantly, Customer alone (or a minor’s parent/guardian) is responsible for determining whether or not Customer is physically able to use the Software, which is a virtual reality game that can be physically challenging. Customer must read the health and safety warnings provided with your headset (https://www.meta.com/quest/safety-center/) before playing. Customer should also consult with a doctor before playing.
6. TERMINATION OF AGREEMENT: Ares may terminate this Agreement for default by the other party at any time without prior notice.
7. WARRANTY DISCLAIMERS. THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTY. ARES SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE SERVICES OR SOFTWARE, AND THAT CUSTOMER HAS NOT RELIED ON ANY REPRESENTATION NOT EXPRESSLY SET OUT IN THIS AGREEMENT. ARES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL OPERATE IN THE COMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE, OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
8. DISCLAIMER OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES. IN NO EVENT SHALL ARES BE LIABLE TO CUSTOMER UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUES, OR OTHER LOSSES ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ARES HAS BEEN ADVISED OF, OR HAD OR SHOULD HAVE HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF, THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
9. WAIVER. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or of any other provisions hereof; and no waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged herewith.
10. NOTICE. The parties agree to send and receive notices and otherwise permit binding communications by electronic means, including but not limited to the electronic forms located at the Site. Any requirement that any item be in writing is satisfied if the item is a record, whether electronic or otherwise. Any requirement that any item be signed is satisfied by a valid electronic signature.
11. GOVERNING LAW AND JURSIDICTION: The laws of the State of Michigan, without regard for Michigan’s conflict of law rules, shall govern this Agreement. Customer consents to jurisdiction of, and venue in, the Michigan state courts in Genesee County, Michigan, and the United States District Court for the Eastern District of Michigan, and neither party may bring any action in any other court.
12. JURY WAIVER: BOTH PARTIES TO THIS AGREEMENT HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY.
13. SEVERABILITY: In the event that a court of competent jurisdiction determines that any portion of this Agreement is unenforceable, such determination shall not affect any other provisions of this Agreement, and the remaining provisions of this Agreement will remain in force and effect.
14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding of the parties with regard to the subject matter hereof, and it supersedes all prior and contemporaneous agreements, representations, documents, and proposals, oral or written, with regard to such subject matter.
15. AMENDMENT. This Agreement may be amended by Ares at any time. Customer accepts and agrees to any amendment which has been posted to the Site by continuing to use the Software after notice of the amendment has been posted on the Site for a period of 30 days. If you disagree with the changes contained in an amended version of this Agreement you can refuse to accept the amendments by discontinuing your use of the Software prior to acceptance of the amendment by way of continued use.
16. The Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Ares, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Ares, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Software, or will not revoke approval of this Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Ares and Epic. Ares, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
17. To the maximum extent permitted by applicable law, neither Ares, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ares’ or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Ares, Epic, Epic’s licensors, nor its or their affiliates, nor any of Ares’ or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Ares’, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Ares, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
18. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ares, Epic, Epic’s licensors, its and their affiliates, and any of Ares’ or Epic’s service providers shall be limited to the full extent permitted by law.