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IMPORTANT – READ CAREFULLY. THIS END USER LICENSE AGREEMENT SETS FORTH THE LEGAL AGREEMENT BETWEEN YOU AND US RELATING TO THE GAME. IN PARTICULAR, THIS AGREEMENT REQUIRES THAT ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED THROUGH THE DISPUTE RESOLUTION PROCESS DESCRIBED BELOW.
THE GAME IS DESIGNED FOR USE ON A VIRTUAL REALITY PLATFORM. TO REDUCE THE RISKS OF PERSONAL INJURY, DISCOMFORT AND/OR PROPERTY DAMAGE, PLEASE MAKE SURE THAT YOU READ AND COMPLY WITH ALL WARNINGS, GUIDELINES AND INSTRUCTIONS ASSOCIATED WITH THE USE OF VIRTUAL REALITY PLATFORMS AND RELATED HARDWARE, SOFTWARE AND SERVICES.
BY DOWNLOADING, INSTALLING OR USING THE GAME OR (B) CLICKING TO “ACCEPT” OR “AGREE” TO, OR TAKING ANY OTHER ACTION TO AFFIRM, THIS AGREEMENT WHEN THE OPTION IS MADE AVAILABLE TO YOU, WHICHEVER IS FIRST TO OCCUR, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU ARE NOT LICENSED OR OTHERWISE PERMITTED TO DOWNLOAD, INSTALL OR USE THE GAME AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE GAME IN ANY MANNER.
K.O.M.A END USER LICENSE AGREEMENT The following end user license agreement (“EULA”) governs your use of the virtual reality game K.O.M.A (the “Game”) and is entered into between you and ENNO TECHNOLOGIES LLC. (“Enno”).
1. THE GAME
1.1 Game Description. The Game is a virtual reality video game comprised of, without limitation, computer code, data, graphics, video, sound effects, music, text, characters, content, design elements, and other information comprising, accessed from or related to the Game. The Game is protected by the copyright and trademark laws of Georgia, international treaties, conventions and other laws around the world.
1.2 Game Ownership. Enno, is the exclusive owner of the Game and retains all intellectual property and other rights in, and title to, the Game and all copies thereof.
1.3 User Content. User content includes any information that you submit, transmit or upload while using the Game (“User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you agree to grant Enno a nonexclusive, irrevocable, fully paid, royalty free, perpetual, sublicensable, transferable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or any other person.
2. GRANT OF LICENSE
2.1 Game License. Except as otherwise provided in the EULA, Enno grants you a revocable, nonexclusive, nontransferable license to use the Game. You may only use one copy of the game at any time. If you wish to use the game on two or more devices, you must purchase additional Game licenses. You agree that no title or ownership interest in the Game is transferred or assigned to you and that the EULA is not a sale of any right to the Game. Notwithstanding the foregoing, you may make one copy of the Game for backup or archival purposes.
2.2 Streaming and Social Media License. You may publicly display the Game on online video streaming websites, such as www.youtube.com and www.twitch.com, and social media, such as tweeting a GIF, on a commercial or noncommercial basis but cannot display the game through any other medium without first obtaining Enno's written consent. Enno may terminate or modify the scope of the streaming and social media license granted to you at any time without compensation and will not be liable to you for any loss you incur as a result of termination, such as lost profits.
2.3 License Limitations. The license granted to you in the EULA is subject to limitations. Except as expressly permitted by the EULA, you agree that that you will not:
a. encumber, sell, rent, lease, loan, transfer, display or sublicense the Game in any way;
b. reproduce or distribute the Game;
c. modify, create derivative works of, adapt or translate the Game;
d. decompile, disassemble or reverse engineer the Game or otherwise attempt to derive the Game’s source code; or
e. use automation software, cheats or any other unauthorized software to modify the Game or the Game experience.
2.4 License Term. The term of the license contained in the EULA commences on the date you agree to the EULA and terminates upon the earliest of:
a. Enno’s termination of the EULA and that may occur without notice or reason;
b. your removal of the Game;
c. your termination of the EULA; or
d. your noncompliance with the EULA, Terms of Service or Privacy Policy.
2.5 Code of Conduct. You agree to not:
Infringe or violate the right of a third party including but not limited to:
(1) contractual rights;
(2) copyright, patent, trademark or trade secret rights;
(3) privacy rights;
(4) publicity rights; or
(5) confidential information; impersonate another person or an employee of Enno.
2.6 Right to Terminate the EULA. You may terminate the EULA at any time for any reason, for example, if you disagree with the current EULA, by immediately stopping use of the Game and notifying Enno of your intention to terminate by emailing support@ennogames.com. Please note that termination is your sole and exclusive remedy and you are not entitled to a refund of any kind.
3. SOFTWARE UPDATES On one or more occasions Enno may patch, update, or modify the Game (each, an “Update”) and require you to install such Update in order for you to continue using the Game. Updates may modify the EULA, gameplay mechanics or other aspects to the Game. Failing to install an Update may result in an inability to use the Game and for which you shall not be entitled to a refund or compensation of any kind.
4. THIRD PARTY SOFTWARE The Game may incorporate services or products provided by third parties. The EULA does not grant you any license, right, title or other interest in third party services or products, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third party agreement.
5. DISCLAIMER AND LIMITATION OF LIABILITY The Game and third party services and products are provided to you “as is” and Enno disclaims any and all warranties and conditions, express, implied or statutory including, without limitation, merchantability, fitness for a particular purpose and noninfringement of third party rights. Enno makes no warranty or representation that access to, or operation of, the Game and third party services and products will not be uninterrupted, error free or will not harm your computer or mobile device or cause data loss. You shall bear all risks associated with the Game and third party services and products including, but not limited to, risks associated with using the Game such as personal or bodily injury (including death or disability) or property damage. As with all virtual reality games, please follow the instructions provided with your virtual reality headset and be sure to play the Game in a safe environment away from people and property that you could come in contact with while wearing the headset.
A COMFORTABLE VIRTUAL REALITY EXPERIENCE REQUIRES AN UNIMPAIRED SENSE OF MOTION AND BALANCE. DO NOT USE THE GAME WHEN YOU ARE: TIRED; NEED SLEEP; UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; HUNG-OVER; HAVE DIGESTIVE PROBLEMS; UNDER EMOTIONAL STRESS OR ANXIETY; SUFFERING FROM COLD, FLU, HEADACHES, MIGRAINES, OR EARACHES (AS THIS CAN INCREASE YOUR SUSCEPTIBILITY TO ADVERSE SYMPTOMS). IN PARTICULAR, IT IS RECOMMENDED THAT YOU SEE A DOCTOR BEFORE USING THE GAME IF YOU ARE: PREGNANT; ELDERLY; HAVE PRE-EXISTING BINOCULAR VISION ABNORMALITIES OR PSYCHIATRIC DISORDERS; OR SUFFER FROM A HEART CONDITION OR OTHER SERIOUS MEDICAL CONDITION.
SOME PEOPLE MAY HAVE SEVERE DIZZINESS, SEIZURES, EYE OR MUSCLE TWITCHING OR BLACKOUTS TRIGGERED BY LIGHT FLASHES OR PATTERNS, AND THIS MAY OCCUR WHILE THEY ARE WATCHING TV, PLAYING VIDEO GAMES OR EXPERIENCING VIRTUAL REALITY – EVEN IF THEY HAVE NEVER HAD A SEIZURE OR BLACKOUT BEFORE OR HAVE NO HISTORY OF SEIZURES OR EPILEPSY. SUCH SEIZURES ARE MORE COMMON IN CHILDREN AND YOUNG PEOPLE UNDER THE AGE OF 20. ANYONE WHO EXPERIENCES ANY OF THESE SYMPTOMS SHOULD DISCONTINUE USE OF THE GAME AND SEE A DOCTOR. ANYONE WHO PREVIOUSLY HAS HAD A SEIZURE, LOSS OF AWARENESS, OR OTHER SYMPTOM LINKED TO AN EPILEPTIC CONDITION SHOULD SEE A DOCTOR BEFORE USING THE GAME.
BY USING THE GAME, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND ALL SUCH WARNINGS, GUIDELINES AND INSTRUCTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE GAME AND ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE GAME AND ACTIVITIES RELATING THERETO.
Enno, its directors, officers, agents, partners and licensors shall not be liable to you for any loss or damage of any kind arising out of or relating to the Game or third party services or products including, without limitation, consequential, incidental or special damages. This limitation applies to any cause of action or claims in the aggregate, whether in an equitable, legal or common law action and including, without limitation, breach of contract, warrant or indemnity, negligence, strict liability and other torts. Notwithstanding the foregoing, nothing in the EULA shall limit Enno’s liability in a manner not permitted by applicable law.
If any disclaimer or limitation of liability is found unenforceable, void or does not fully shield Enno from liability, you agree that Enno’s maximum aggregate liability to you whatsoever will be the lesser of: the amount you paid to Enno in the 12 months immediately preceding the date of the harm in question.
6. INDEMNITY You shall indemnify, defend and hold Enno, its directors, officers, employees, agents, contractors and partners, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from your, or any third party’s, use of the Game or third party services or products. You cannot settle any claim without Enno’s advance written consent unless such claim releases Enno unconditionally. Enno reserves the right to, at its expense, assume control of the claim and, following, section 6 shall cease to apply to you.
7. DISPUTE RESOLUTION
7.1 Dispute Resolution. If any disagreement or dispute arising out of or relating to the EULA or breach thereof (a “Dispute”) occurs, you and Enno agree to first attempt to resolve the Dispute informally for a period of at least 30 days commencing on the date you make the Dispute known to Enno. If the Dispute is not resolved within this period, you and Enno agree to submit the Dispute to settlement by final and binding arbitration to be conducted in Tbilisi, Georgia.
7.2 Restrictions. You and Enno agree that any informal resolution or arbitration of a Dispute shall be limited between Enno and you individually. To the full extent permitted by applicable law, no arbitration shall be joint with any other and you have no right or authority to:
(a) arbitrate a Dispute on a classaction basis or to utilize class action procedures; and to
(b) raise a Dispute in a representative capacity on behalf of the general public or any other persons.
7.3 Exceptions to Informal Resolution and Arbitration. You and Enno agree that the following Disputes are not subject to the above provisions concerning informal Dispute resolution and arbitration:
(a) Disputes concerning the enforcement, protection or validity of intellectual property rights belonging to you or Enno;
(b) Disputes concerning allegations of invasion of privacy, piracy, theft or unauthorized use of the Game (including violation of the EULA, Terms of Service or Privacy Policy); and
(c) claims for injunctive relief.
THE GAME IS DESIGNED FOR USE ON A VIRTUAL REALITY PLATFORM. TO REDUCE THE RISKS OF PERSONAL INJURY, DISCOMFORT AND/OR PROPERTY DAMAGE, PLEASE MAKE SURE THAT YOU READ AND COMPLY WITH ALL WARNINGS, GUIDELINES AND INSTRUCTIONS ASSOCIATED WITH THE USE OF VIRTUAL REALITY PLATFORMS AND RELATED HARDWARE, SOFTWARE AND SERVICES.
BY DOWNLOADING, INSTALLING OR USING THE GAME OR (B) CLICKING TO “ACCEPT” OR “AGREE” TO, OR TAKING ANY OTHER ACTION TO AFFIRM, THIS AGREEMENT WHEN THE OPTION IS MADE AVAILABLE TO YOU, WHICHEVER IS FIRST TO OCCUR, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU ARE NOT LICENSED OR OTHERWISE PERMITTED TO DOWNLOAD, INSTALL OR USE THE GAME AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE GAME IN ANY MANNER.
K.O.M.A END USER LICENSE AGREEMENT The following end user license agreement (“EULA”) governs your use of the virtual reality game K.O.M.A (the “Game”) and is entered into between you and ENNO TECHNOLOGIES LLC. (“Enno”).
1. THE GAME
1.1 Game Description. The Game is a virtual reality video game comprised of, without limitation, computer code, data, graphics, video, sound effects, music, text, characters, content, design elements, and other information comprising, accessed from or related to the Game. The Game is protected by the copyright and trademark laws of Georgia, international treaties, conventions and other laws around the world.
1.2 Game Ownership. Enno, is the exclusive owner of the Game and retains all intellectual property and other rights in, and title to, the Game and all copies thereof.
1.3 User Content. User content includes any information that you submit, transmit or upload while using the Game (“User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you agree to grant Enno a nonexclusive, irrevocable, fully paid, royalty free, perpetual, sublicensable, transferable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or any other person.
2. GRANT OF LICENSE
2.1 Game License. Except as otherwise provided in the EULA, Enno grants you a revocable, nonexclusive, nontransferable license to use the Game. You may only use one copy of the game at any time. If you wish to use the game on two or more devices, you must purchase additional Game licenses. You agree that no title or ownership interest in the Game is transferred or assigned to you and that the EULA is not a sale of any right to the Game. Notwithstanding the foregoing, you may make one copy of the Game for backup or archival purposes.
2.2 Streaming and Social Media License. You may publicly display the Game on online video streaming websites, such as www.youtube.com and www.twitch.com, and social media, such as tweeting a GIF, on a commercial or noncommercial basis but cannot display the game through any other medium without first obtaining Enno's written consent. Enno may terminate or modify the scope of the streaming and social media license granted to you at any time without compensation and will not be liable to you for any loss you incur as a result of termination, such as lost profits.
2.3 License Limitations. The license granted to you in the EULA is subject to limitations. Except as expressly permitted by the EULA, you agree that that you will not:
a. encumber, sell, rent, lease, loan, transfer, display or sublicense the Game in any way;
b. reproduce or distribute the Game;
c. modify, create derivative works of, adapt or translate the Game;
d. decompile, disassemble or reverse engineer the Game or otherwise attempt to derive the Game’s source code; or
e. use automation software, cheats or any other unauthorized software to modify the Game or the Game experience.
2.4 License Term. The term of the license contained in the EULA commences on the date you agree to the EULA and terminates upon the earliest of:
a. Enno’s termination of the EULA and that may occur without notice or reason;
b. your removal of the Game;
c. your termination of the EULA; or
d. your noncompliance with the EULA, Terms of Service or Privacy Policy.
2.5 Code of Conduct. You agree to not:
Infringe or violate the right of a third party including but not limited to:
(1) contractual rights;
(2) copyright, patent, trademark or trade secret rights;
(3) privacy rights;
(4) publicity rights; or
(5) confidential information; impersonate another person or an employee of Enno.
2.6 Right to Terminate the EULA. You may terminate the EULA at any time for any reason, for example, if you disagree with the current EULA, by immediately stopping use of the Game and notifying Enno of your intention to terminate by emailing support@ennogames.com. Please note that termination is your sole and exclusive remedy and you are not entitled to a refund of any kind.
3. SOFTWARE UPDATES On one or more occasions Enno may patch, update, or modify the Game (each, an “Update”) and require you to install such Update in order for you to continue using the Game. Updates may modify the EULA, gameplay mechanics or other aspects to the Game. Failing to install an Update may result in an inability to use the Game and for which you shall not be entitled to a refund or compensation of any kind.
4. THIRD PARTY SOFTWARE The Game may incorporate services or products provided by third parties. The EULA does not grant you any license, right, title or other interest in third party services or products, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third party agreement.
5. DISCLAIMER AND LIMITATION OF LIABILITY The Game and third party services and products are provided to you “as is” and Enno disclaims any and all warranties and conditions, express, implied or statutory including, without limitation, merchantability, fitness for a particular purpose and noninfringement of third party rights. Enno makes no warranty or representation that access to, or operation of, the Game and third party services and products will not be uninterrupted, error free or will not harm your computer or mobile device or cause data loss. You shall bear all risks associated with the Game and third party services and products including, but not limited to, risks associated with using the Game such as personal or bodily injury (including death or disability) or property damage. As with all virtual reality games, please follow the instructions provided with your virtual reality headset and be sure to play the Game in a safe environment away from people and property that you could come in contact with while wearing the headset.
A COMFORTABLE VIRTUAL REALITY EXPERIENCE REQUIRES AN UNIMPAIRED SENSE OF MOTION AND BALANCE. DO NOT USE THE GAME WHEN YOU ARE: TIRED; NEED SLEEP; UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; HUNG-OVER; HAVE DIGESTIVE PROBLEMS; UNDER EMOTIONAL STRESS OR ANXIETY; SUFFERING FROM COLD, FLU, HEADACHES, MIGRAINES, OR EARACHES (AS THIS CAN INCREASE YOUR SUSCEPTIBILITY TO ADVERSE SYMPTOMS). IN PARTICULAR, IT IS RECOMMENDED THAT YOU SEE A DOCTOR BEFORE USING THE GAME IF YOU ARE: PREGNANT; ELDERLY; HAVE PRE-EXISTING BINOCULAR VISION ABNORMALITIES OR PSYCHIATRIC DISORDERS; OR SUFFER FROM A HEART CONDITION OR OTHER SERIOUS MEDICAL CONDITION.
SOME PEOPLE MAY HAVE SEVERE DIZZINESS, SEIZURES, EYE OR MUSCLE TWITCHING OR BLACKOUTS TRIGGERED BY LIGHT FLASHES OR PATTERNS, AND THIS MAY OCCUR WHILE THEY ARE WATCHING TV, PLAYING VIDEO GAMES OR EXPERIENCING VIRTUAL REALITY – EVEN IF THEY HAVE NEVER HAD A SEIZURE OR BLACKOUT BEFORE OR HAVE NO HISTORY OF SEIZURES OR EPILEPSY. SUCH SEIZURES ARE MORE COMMON IN CHILDREN AND YOUNG PEOPLE UNDER THE AGE OF 20. ANYONE WHO EXPERIENCES ANY OF THESE SYMPTOMS SHOULD DISCONTINUE USE OF THE GAME AND SEE A DOCTOR. ANYONE WHO PREVIOUSLY HAS HAD A SEIZURE, LOSS OF AWARENESS, OR OTHER SYMPTOM LINKED TO AN EPILEPTIC CONDITION SHOULD SEE A DOCTOR BEFORE USING THE GAME.
BY USING THE GAME, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND ALL SUCH WARNINGS, GUIDELINES AND INSTRUCTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE GAME AND ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE GAME AND ACTIVITIES RELATING THERETO.
Enno, its directors, officers, agents, partners and licensors shall not be liable to you for any loss or damage of any kind arising out of or relating to the Game or third party services or products including, without limitation, consequential, incidental or special damages. This limitation applies to any cause of action or claims in the aggregate, whether in an equitable, legal or common law action and including, without limitation, breach of contract, warrant or indemnity, negligence, strict liability and other torts. Notwithstanding the foregoing, nothing in the EULA shall limit Enno’s liability in a manner not permitted by applicable law.
If any disclaimer or limitation of liability is found unenforceable, void or does not fully shield Enno from liability, you agree that Enno’s maximum aggregate liability to you whatsoever will be the lesser of: the amount you paid to Enno in the 12 months immediately preceding the date of the harm in question.
6. INDEMNITY You shall indemnify, defend and hold Enno, its directors, officers, employees, agents, contractors and partners, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from your, or any third party’s, use of the Game or third party services or products. You cannot settle any claim without Enno’s advance written consent unless such claim releases Enno unconditionally. Enno reserves the right to, at its expense, assume control of the claim and, following, section 6 shall cease to apply to you.
7. DISPUTE RESOLUTION
7.1 Dispute Resolution. If any disagreement or dispute arising out of or relating to the EULA or breach thereof (a “Dispute”) occurs, you and Enno agree to first attempt to resolve the Dispute informally for a period of at least 30 days commencing on the date you make the Dispute known to Enno. If the Dispute is not resolved within this period, you and Enno agree to submit the Dispute to settlement by final and binding arbitration to be conducted in Tbilisi, Georgia.
7.2 Restrictions. You and Enno agree that any informal resolution or arbitration of a Dispute shall be limited between Enno and you individually. To the full extent permitted by applicable law, no arbitration shall be joint with any other and you have no right or authority to:
(a) arbitrate a Dispute on a classaction basis or to utilize class action procedures; and to
(b) raise a Dispute in a representative capacity on behalf of the general public or any other persons.
7.3 Exceptions to Informal Resolution and Arbitration. You and Enno agree that the following Disputes are not subject to the above provisions concerning informal Dispute resolution and arbitration:
(a) Disputes concerning the enforcement, protection or validity of intellectual property rights belonging to you or Enno;
(b) Disputes concerning allegations of invasion of privacy, piracy, theft or unauthorized use of the Game (including violation of the EULA, Terms of Service or Privacy Policy); and
(c) claims for injunctive relief.