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END USERS LICENCE AGREEMENT
Please read the following terms and conditions carefully before using this Gravity Tunnel VR. Your use, distribution or installation of this copy of "Gravity Tunnel VR" indicates your acceptance of this License.
Gravity Tunnel VR here means Software, image files, all accompanying files, data and materials received with your order of "Gravity Tunnel VR".
GRAVITY TUNNEL VR INTENDS TO DISTORT YOU SENSE OF BALANCE USING VISUAL STIMULI. WHEN PLAYING THE EXPERIENCE, AND WEARING THE VR HEADSET, THERE'S A DANGER OF FALLING, THEREFORE YOU MUST ENSURE TO BE PLAYING IN A SAFE ENVIRONMENT WHERE FALLING DOWN WON'T ENDANGER YOUR HEALTH, AND ALSO PREFERABLY WITH ANOTHER PERSON ASSISTING YOU DURING PLAY IN YOUR ROOM.
YOU AGREE THAT MASSMED TAKES NO LEGAL RESPONSIBILITY OF ANY DAMAGES ARISING WHILE PLAYING THE GAME, BE IT PHYSICAL, HEALTH, MATERIAL, OR ANY OTHER KIND.
If you do not agree to any of the terms of this License, then do not install, distribute or use the Gravity Tunnel VR. If you have purchased a single copy from Massmed or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This Gravity Tunnel VR is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. Gravity Tunnel VR may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Massmed and may not be taken apart, modified, used or published with other software or means except with the Gravity Tunnel VR software and may not be distributed or copied in any manner
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME (Gravity Tunnel VR) AT YOUR SOLE RISK. THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. MASSMED PROVIDES THE GAME ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MASSMED OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY MASSMED SERVICES. YOU ACKNOWLEDGE AND AGREE THAT MASSMED, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT RELATED TO THE GAME OR OR USE OF MASSMED SOFTWARE. IN NO CASE SHALL MASSMED OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “MASSMED AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MASSMED FOR THE GAME OR MASSMED SOFTWARE. IN NO CASE SHALL MASSMED AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE GAME, OR OTHER MASSMED SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE GAME AND MASSMED SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MASSMED AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT AND IT WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Upon Massmed’s request, you agree to defend, indemnify and hold harmless Massmed and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other Massmed Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Massmed harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to Massmed, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
Massmed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Massmed in that matter.
Except for breaches of confidentiality under this agreement, neither party will be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, however arising whether or not that party was aware of the possibility of those damages and despite the failure of essential purpose of any limited remedy stated in this agreement. In no event will Massmed's liability arising out of this agreement exceed the amount paid by customer for the software in the prior 12 months.
In addition, in no event does Massmed authorize you to use this Gravity Tunnel VR in applications or systems where Gravity Tunnel VR 's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Massmed harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of Poland.
Massmed the owner of the copyright of this Gravity Tunnel VR, all of its derivatives, title and accompanying materials are the exclusive property of Massmed. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Massmed. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this Gravity Tunnel VR. You may not make access to Gravity Tunnel VR available to others in connection with a service bureau, application service provider, or similar business, or use this Gravity Tunnel VR in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by Massmed herein.
You may not disclose to other persons the data or techniques relating to this Gravity Tunnel VR that you know or should know that it is a trade secret of the Massmed in any manner that will cause damage to Massmed.
This Gravity Tunnel VR and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any Polish law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Massmed harmless from any claims resulting from the use of this Gravity Tunnel VR, which may damage any other party.
Please read the following terms and conditions carefully before using this Gravity Tunnel VR. Your use, distribution or installation of this copy of "Gravity Tunnel VR" indicates your acceptance of this License.
Gravity Tunnel VR here means Software, image files, all accompanying files, data and materials received with your order of "Gravity Tunnel VR".
GRAVITY TUNNEL VR INTENDS TO DISTORT YOU SENSE OF BALANCE USING VISUAL STIMULI. WHEN PLAYING THE EXPERIENCE, AND WEARING THE VR HEADSET, THERE'S A DANGER OF FALLING, THEREFORE YOU MUST ENSURE TO BE PLAYING IN A SAFE ENVIRONMENT WHERE FALLING DOWN WON'T ENDANGER YOUR HEALTH, AND ALSO PREFERABLY WITH ANOTHER PERSON ASSISTING YOU DURING PLAY IN YOUR ROOM.
YOU AGREE THAT MASSMED TAKES NO LEGAL RESPONSIBILITY OF ANY DAMAGES ARISING WHILE PLAYING THE GAME, BE IT PHYSICAL, HEALTH, MATERIAL, OR ANY OTHER KIND.
If you do not agree to any of the terms of this License, then do not install, distribute or use the Gravity Tunnel VR. If you have purchased a single copy from Massmed or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This Gravity Tunnel VR is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. Gravity Tunnel VR may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Massmed and may not be taken apart, modified, used or published with other software or means except with the Gravity Tunnel VR software and may not be distributed or copied in any manner
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME (Gravity Tunnel VR) AT YOUR SOLE RISK. THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. MASSMED PROVIDES THE GAME ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MASSMED OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY MASSMED SERVICES. YOU ACKNOWLEDGE AND AGREE THAT MASSMED, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT RELATED TO THE GAME OR OR USE OF MASSMED SOFTWARE. IN NO CASE SHALL MASSMED OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “MASSMED AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MASSMED FOR THE GAME OR MASSMED SOFTWARE. IN NO CASE SHALL MASSMED AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE GAME, OR OTHER MASSMED SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE GAME AND MASSMED SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MASSMED AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT AND IT WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Upon Massmed’s request, you agree to defend, indemnify and hold harmless Massmed and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other Massmed Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Massmed harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to Massmed, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
Massmed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Massmed in that matter.
Except for breaches of confidentiality under this agreement, neither party will be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, however arising whether or not that party was aware of the possibility of those damages and despite the failure of essential purpose of any limited remedy stated in this agreement. In no event will Massmed's liability arising out of this agreement exceed the amount paid by customer for the software in the prior 12 months.
In addition, in no event does Massmed authorize you to use this Gravity Tunnel VR in applications or systems where Gravity Tunnel VR 's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Massmed harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of Poland.
Massmed the owner of the copyright of this Gravity Tunnel VR, all of its derivatives, title and accompanying materials are the exclusive property of Massmed. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Massmed. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this Gravity Tunnel VR. You may not make access to Gravity Tunnel VR available to others in connection with a service bureau, application service provider, or similar business, or use this Gravity Tunnel VR in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by Massmed herein.
You may not disclose to other persons the data or techniques relating to this Gravity Tunnel VR that you know or should know that it is a trade secret of the Massmed in any manner that will cause damage to Massmed.
This Gravity Tunnel VR and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any Polish law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Massmed harmless from any claims resulting from the use of this Gravity Tunnel VR, which may damage any other party.