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DEPLAU END USERS LICENCE AGREEMENT
Please read the following terms and conditions carefully before installing “Deplau” (the “Software Product”). Your use, distribution or installation of this copy of "Deplau" indicates your acceptance of this EULA as set forth by Zirasoft (“Licensor”, “Zirasoft” or “we”).
The (“Software Product”) here means Software, image files, all accompanying files, data and materials received with your order of "Deplau".
IF YOU DO NOT AGREE TO ANY TERMS OF THIS LICENSE, then do not install, distribute or use the Software Product and “Zirasoft” shall not grant to you the License (defined below) to the Software Product.
Your use of the Software Product 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.
PLEASE NOTE that the product you are intended to use is related to virtual reality software. The influence of virtual reality on human beings is not comprehensively studied for now. Thus, the use of this Software Product may be connected with risks to your health and property. Please read the Section “SAFETY” of this EULA carefully. You acknowledge and agree that you are using the Software Product “as is” and at your own risk. “Zirasoft” shall not be liable for any harm to health or damages to property resulting or connected with the use of the Software Product.
LIMITED USE LICENSE
This Software Product 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. The Software Product may be accessed through a network only after obtaining a license. All components accompanying the software are copyrighted by Zirasoft and may not be taken apart, modified, used or published with other software or means except with the Software Product and may not be distributed or copied in any manner.
NO WARRANTIES
This Software Product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. Whereby Deplau is made available for licensing during the Alpha or Beta phases of development via services such as Steam Early Access, you acknowledge and agree that during development features and content included are subject to change without prior notice, and that the final release of Deplau may not include major features and content in the earlier Alpha and Beta releases.
LIMITATIONS ON DAMAGES
Any liability of Zirasoft will be limited exclusively to refund of purchase price. In addition, in no event shall Zirasoft, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of the Software Product.
In addition, in no event does Zirasoft authorize you to use this Software Product in applications or systems where Software Product'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 Zirasoft harmless from any claims or losses relating to such unauthorized use.
APPLICABLE LAW AND JURISDICTION
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 and construed and interpreted in accordance with Malaysian law, and the parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.
The parties agree the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.
Zirasoft the owner of the copyright of this Software Product, all of its derivatives, title and accompanying materials are the exclusive property of Zirasoft. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Zirasoft.
You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this Software Product. You may not make access to the Software Product available to others in connection with a service bureau, application service provider, or similar business, or use this Software Product 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 Zirasoft herein.
You may not disclose to other persons the data or techniques relating to this Software Product that you know or should know that it is a trade secret of Zirasoft in any manner that will cause damage to Zirasoft.
This Software Product 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 Country of Residence, State or City 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.
INDEMNIFICATION
You agree to indemnify and hold Zirasoft harmless from any claims resulting from the use of this Software Product, which may damage any other party.
SAFETY
You agree that you shall abide by the safety guide or other relevant notices provided by your Virtual Reality Hardware manufacturer at all times during your use of the Software Product. You acknowledge that you have located, read and understood your Virtual Reality Hardware Manufacturer’s guidelines. Your actions while using the Software Product could place you, people near you, pets and objects in danger.
By choosing to use the Software Product, you voluntarily acknowledge and accept any and all risks associated with use of the Software Product.
While using the Software Product, you will be moving your hands, feet and body. While wearing your Virtual Reality headset and using the Software Product, 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 Product, be careful when moving your feet and maintain your balance. Be aware of your headset 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 to yourself or others.
While using the hand controllers while using the Software Product, always check that you have sufficient overhead and surrounding clearance to allow you to fully extend your arms outwards and upwards. Hold the controllers firmly and always use the wrist straps. Do not use near stairways, windows, heat sources.
Each time you use the Software Product, 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, 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 Product could cause serious injury or damage.
YOU ACKNOWLEDGE THAT USING THE SOFTWARE PRODUCT 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, AND PROPERTY LOSS, OR DEATH.
The risks of using the Software Product may include, but are not limited to, those caused by loss of balance, caused by inability to see physical surroundings, caused by inability to hear sounds in physical surrounds, caused by any part of your body hitting or otherwise contacting people or objects in the physical surroundings, caused by repetitive or strenuous motion of any part of your body, caused by involuntary motion or action of any part of your body, caused by stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Software Product 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 PRODUCT, YOU MAY FEEL COMPELLED TO MOVE YOUR BODY AND/OR LIMBS IN AN UNCONTROLLED, RAPID OR OTHERWISE UNSAFE MANNER. YOU MAY FEEL COMPELLED TO MOVE OR REACH BEYOND THE SAFE BOUNDARIES OF THE PLAY AREA YOU HAVE PREPARED WHEN FOLLOWING YOUR VIRTUAL REALITY MANUFACTURERS SAFETY GUIDELINES. YOU AGREE THAT IF YOU CHOOSE TO USE THE SOFTWARE PRODUCT, 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 PRODUCT. YOU MAY FEEL OVERWHELMED BY THE IMMERSIVE NATURE OF THE SOFTWARE PRODUCT, 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 Product in order to cease experiencing the Software Product, 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. This 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 Product. You agree that you will not allow children under the age of 14 to use this 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 Product. It is further recommended that all persons be supervised while using the Software Product to ensure safety.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE USE OF THE SOFTWARE PRODUCT ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE SOFTWARE PRODUCT, 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 DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR USE OF THE SOFTWARE PRODUCT, INCLUDING DUE TO YOUR OWN OR OTHER'S NEGLIGENCE. NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO YOU, OF USING THE SOFTWARE PRODUCT.
Please read the following terms and conditions carefully before installing “Deplau” (the “Software Product”). Your use, distribution or installation of this copy of "Deplau" indicates your acceptance of this EULA as set forth by Zirasoft (“Licensor”, “Zirasoft” or “we”).
The (“Software Product”) here means Software, image files, all accompanying files, data and materials received with your order of "Deplau".
IF YOU DO NOT AGREE TO ANY TERMS OF THIS LICENSE, then do not install, distribute or use the Software Product and “Zirasoft” shall not grant to you the License (defined below) to the Software Product.
Your use of the Software Product 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.
PLEASE NOTE that the product you are intended to use is related to virtual reality software. The influence of virtual reality on human beings is not comprehensively studied for now. Thus, the use of this Software Product may be connected with risks to your health and property. Please read the Section “SAFETY” of this EULA carefully. You acknowledge and agree that you are using the Software Product “as is” and at your own risk. “Zirasoft” shall not be liable for any harm to health or damages to property resulting or connected with the use of the Software Product.
LIMITED USE LICENSE
This Software Product 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. The Software Product may be accessed through a network only after obtaining a license. All components accompanying the software are copyrighted by Zirasoft and may not be taken apart, modified, used or published with other software or means except with the Software Product and may not be distributed or copied in any manner.
NO WARRANTIES
This Software Product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. Whereby Deplau is made available for licensing during the Alpha or Beta phases of development via services such as Steam Early Access, you acknowledge and agree that during development features and content included are subject to change without prior notice, and that the final release of Deplau may not include major features and content in the earlier Alpha and Beta releases.
LIMITATIONS ON DAMAGES
Any liability of Zirasoft will be limited exclusively to refund of purchase price. In addition, in no event shall Zirasoft, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of the Software Product.
In addition, in no event does Zirasoft authorize you to use this Software Product in applications or systems where Software Product'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 Zirasoft harmless from any claims or losses relating to such unauthorized use.
APPLICABLE LAW AND JURISDICTION
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 and construed and interpreted in accordance with Malaysian law, and the parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.
The parties agree the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.
Zirasoft the owner of the copyright of this Software Product, all of its derivatives, title and accompanying materials are the exclusive property of Zirasoft. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Zirasoft.
You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this Software Product. You may not make access to the Software Product available to others in connection with a service bureau, application service provider, or similar business, or use this Software Product 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 Zirasoft herein.
You may not disclose to other persons the data or techniques relating to this Software Product that you know or should know that it is a trade secret of Zirasoft in any manner that will cause damage to Zirasoft.
This Software Product 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 Country of Residence, State or City 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.
INDEMNIFICATION
You agree to indemnify and hold Zirasoft harmless from any claims resulting from the use of this Software Product, which may damage any other party.
SAFETY
You agree that you shall abide by the safety guide or other relevant notices provided by your Virtual Reality Hardware manufacturer at all times during your use of the Software Product. You acknowledge that you have located, read and understood your Virtual Reality Hardware Manufacturer’s guidelines. Your actions while using the Software Product could place you, people near you, pets and objects in danger.
By choosing to use the Software Product, you voluntarily acknowledge and accept any and all risks associated with use of the Software Product.
While using the Software Product, you will be moving your hands, feet and body. While wearing your Virtual Reality headset and using the Software Product, 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 Product, be careful when moving your feet and maintain your balance. Be aware of your headset 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 to yourself or others.
While using the hand controllers while using the Software Product, always check that you have sufficient overhead and surrounding clearance to allow you to fully extend your arms outwards and upwards. Hold the controllers firmly and always use the wrist straps. Do not use near stairways, windows, heat sources.
Each time you use the Software Product, 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, 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 Product could cause serious injury or damage.
YOU ACKNOWLEDGE THAT USING THE SOFTWARE PRODUCT 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, AND PROPERTY LOSS, OR DEATH.
The risks of using the Software Product may include, but are not limited to, those caused by loss of balance, caused by inability to see physical surroundings, caused by inability to hear sounds in physical surrounds, caused by any part of your body hitting or otherwise contacting people or objects in the physical surroundings, caused by repetitive or strenuous motion of any part of your body, caused by involuntary motion or action of any part of your body, caused by stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Software Product 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 PRODUCT, YOU MAY FEEL COMPELLED TO MOVE YOUR BODY AND/OR LIMBS IN AN UNCONTROLLED, RAPID OR OTHERWISE UNSAFE MANNER. YOU MAY FEEL COMPELLED TO MOVE OR REACH BEYOND THE SAFE BOUNDARIES OF THE PLAY AREA YOU HAVE PREPARED WHEN FOLLOWING YOUR VIRTUAL REALITY MANUFACTURERS SAFETY GUIDELINES. YOU AGREE THAT IF YOU CHOOSE TO USE THE SOFTWARE PRODUCT, 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 PRODUCT. YOU MAY FEEL OVERWHELMED BY THE IMMERSIVE NATURE OF THE SOFTWARE PRODUCT, 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 Product in order to cease experiencing the Software Product, 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. This 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 Product. You agree that you will not allow children under the age of 14 to use this 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 Product. It is further recommended that all persons be supervised while using the Software Product to ensure safety.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE USE OF THE SOFTWARE PRODUCT ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE SOFTWARE PRODUCT, 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 DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR USE OF THE SOFTWARE PRODUCT, INCLUDING DUE TO YOUR OWN OR OTHER'S NEGLIGENCE. NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO YOU, OF USING THE SOFTWARE PRODUCT.