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End User License Agreement for vROVpilot: TITANIC
Welcome to vROVpilot: TITANIC. Before flying the ROVs over the wreck site, we kindly ask you to confirm you have read and understand this End User License Agreement ("EULA"). By installing and engaging with vROVpilot: TITANIC software (“Software”), you agree to be legally bound by the terms of this EULA, which is a contract between Magellan Limited (“MAG”), a Guernsey registered company operating under the laws the Bailiwick of Guernsey, and you, the end user.
License Grant
a. MAG grants you a non-exclusive, non-transferable license to install and use the Software on your personal computer for your personal entertainment, subject to the terms outlined in this EULA.
b. This license does not permit sublicensing, transfer, or assignment to any other party.
c. The rights granted herein are reserved for the individual who has lawfully acquired the license to use the Software and may not be transferred or assigned to any third party.
Software Updates and Modifications
a. MAG may, at its sole discretion, offer updates or modifications to the Software to enhance the user experience, add new features, address bugs, or improve functionality. Such updates or modifications will be governed by the terms of this EULA.
b. MAG may determine whether updates or modifications are provided at no cost or for a fee.
c. MAG reserves the right to update or modify the Software but is not under any obligation to provide any particular updates or modifications to users.
Use with Third-Party Platforms
a. The Software may require activation or authentication through third-party platforms (e.g., the Steam platform provided by Valve Corporation).
b. You must adhere to the terms and conditions set forth by any such third-party platform when using the Software.
c. MAG is not responsible for operating or supporting third-party platforms, except as it pertains directly to the Software's functionality.
d. Access to the Software may be limited based on geographical location as per third-party platform restrictions.
Intellectual Property Rights
a. MAG owns all intellectual property rights in and to the Software. Unauthorized use of the Software that violates intellectual property laws may result in legal action.
b. This EULA grants you the right to use the Software but does not convey any ownership of intellectual property rights in the Software to you.
Feedback and Contributions
By providing Feedback, suggestions, ideas, or any form of improvement proposals related to the vROVpilot: TITANIC software (collectively referred to as "Feedback") to MAG, the user grants MAG a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, use, reproduce, modify, adapt, publish, translate, create a derivate works from, distribute, perform, and display such Feedback in any manner and for any purpose, including but not limited to, improving the Software and developing new products and services.
The user acknowledges and agrees that all Feedback becomes the sole and exclusive property of MAG. MAG may use Feedback in any way it deems appropriate without compensation to the user or any third party.
The user represents and warrants that:
a. The Feedback does not contain confidential information of the user or any third party.
b. MAG is not under any obligation of confidentiality, express or implied, with respect to the Feedback.
c. The user is not entitled to any compensation or reimbursement from MAG under any circumstances for submitting the Feedback.
Prohibited Actions
Users of the Software are prohibited from:
a. Violating MAG intellectual property rights, including unauthorized copying, modification, reverse engineering, or other attempts to derive the Software's source code.
b. Analyzing or exploiting the Software's communication protocols for any unauthorized purpose.
c. Engaging in any commercial use of the Software without MAG’s explicit written consent.
e. Exploiting any defects or bugs in the Software for any purpose.
f. Disrupting the Software's functionality or the services it provides.
g. Conducting any activity that is detrimental to MAG.
By installing and utilizing vROVpilot: TITANIC you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. We hope you enjoy your dive with vROVpilot: TITANIC and hope you enjoy the views!
Further, vROVpilot: TITANIC 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. Magellan Limited, 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, Magellan Limited, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the vROVpilot: TITANIC, (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 vROVpilot: TITANIC or will not revoke approval of this vROVpilot: TITANIC 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 Magellan Limited and Epic. Magellan Limited, 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.
To the maximum extent permitted by applicable law, neither Magellan Limited, Epic, Epic’s licensors, nor its or their affiliates, nor any of Magellan Limited’s 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 Magellan Limited, Epic, Epic’s licensors, nor its or their affiliates, nor any of Magellan Limited’s 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 Magellan Limited’s, 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 Magellan Limited, 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.
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 Magellan Limited, Epic, Epic’s licensors, its and their affiliates, and any of Magellan Limited’s or Epic’s service providers shall be limited to the full extent permitted by law.
Welcome to vROVpilot: TITANIC. Before flying the ROVs over the wreck site, we kindly ask you to confirm you have read and understand this End User License Agreement ("EULA"). By installing and engaging with vROVpilot: TITANIC software (“Software”), you agree to be legally bound by the terms of this EULA, which is a contract between Magellan Limited (“MAG”), a Guernsey registered company operating under the laws the Bailiwick of Guernsey, and you, the end user.
License Grant
a. MAG grants you a non-exclusive, non-transferable license to install and use the Software on your personal computer for your personal entertainment, subject to the terms outlined in this EULA.
b. This license does not permit sublicensing, transfer, or assignment to any other party.
c. The rights granted herein are reserved for the individual who has lawfully acquired the license to use the Software and may not be transferred or assigned to any third party.
Software Updates and Modifications
a. MAG may, at its sole discretion, offer updates or modifications to the Software to enhance the user experience, add new features, address bugs, or improve functionality. Such updates or modifications will be governed by the terms of this EULA.
b. MAG may determine whether updates or modifications are provided at no cost or for a fee.
c. MAG reserves the right to update or modify the Software but is not under any obligation to provide any particular updates or modifications to users.
Use with Third-Party Platforms
a. The Software may require activation or authentication through third-party platforms (e.g., the Steam platform provided by Valve Corporation).
b. You must adhere to the terms and conditions set forth by any such third-party platform when using the Software.
c. MAG is not responsible for operating or supporting third-party platforms, except as it pertains directly to the Software's functionality.
d. Access to the Software may be limited based on geographical location as per third-party platform restrictions.
Intellectual Property Rights
a. MAG owns all intellectual property rights in and to the Software. Unauthorized use of the Software that violates intellectual property laws may result in legal action.
b. This EULA grants you the right to use the Software but does not convey any ownership of intellectual property rights in the Software to you.
Feedback and Contributions
By providing Feedback, suggestions, ideas, or any form of improvement proposals related to the vROVpilot: TITANIC software (collectively referred to as "Feedback") to MAG, the user grants MAG a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, use, reproduce, modify, adapt, publish, translate, create a derivate works from, distribute, perform, and display such Feedback in any manner and for any purpose, including but not limited to, improving the Software and developing new products and services.
The user acknowledges and agrees that all Feedback becomes the sole and exclusive property of MAG. MAG may use Feedback in any way it deems appropriate without compensation to the user or any third party.
The user represents and warrants that:
a. The Feedback does not contain confidential information of the user or any third party.
b. MAG is not under any obligation of confidentiality, express or implied, with respect to the Feedback.
c. The user is not entitled to any compensation or reimbursement from MAG under any circumstances for submitting the Feedback.
Prohibited Actions
Users of the Software are prohibited from:
a. Violating MAG intellectual property rights, including unauthorized copying, modification, reverse engineering, or other attempts to derive the Software's source code.
b. Analyzing or exploiting the Software's communication protocols for any unauthorized purpose.
c. Engaging in any commercial use of the Software without MAG’s explicit written consent.
e. Exploiting any defects or bugs in the Software for any purpose.
f. Disrupting the Software's functionality or the services it provides.
g. Conducting any activity that is detrimental to MAG.
By installing and utilizing vROVpilot: TITANIC you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. We hope you enjoy your dive with vROVpilot: TITANIC and hope you enjoy the views!
Further, vROVpilot: TITANIC 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. Magellan Limited, 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, Magellan Limited, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the vROVpilot: TITANIC, (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 vROVpilot: TITANIC or will not revoke approval of this vROVpilot: TITANIC 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 Magellan Limited and Epic. Magellan Limited, 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.
To the maximum extent permitted by applicable law, neither Magellan Limited, Epic, Epic’s licensors, nor its or their affiliates, nor any of Magellan Limited’s 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 Magellan Limited, Epic, Epic’s licensors, nor its or their affiliates, nor any of Magellan Limited’s 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 Magellan Limited’s, 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 Magellan Limited, 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.
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 Magellan Limited, Epic, Epic’s licensors, its and their affiliates, and any of Magellan Limited’s or Epic’s service providers shall be limited to the full extent permitted by law.