END USER LICENSE AGREEMENT - SecondaryBounce Application

March 07, 2022

GENERAL TERMS

Please read this User License Agreement (“Agreement”) carefully before downloading or use this Application (“App”).

By downloading or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the App.

This Agreement relates to all uses of the App, licensed by: SECONDARYBOUNCE, S.L. (“SB”).

The App is a virtual reality experience, where users can explore and experience virtual spaces and environments designed and created by SecondaryBounce and collaborators.

The App is free to use on the conditions of this Agreement.

A VR headset such as Oculus Rift, and a supported adequate computer is required to use this App in its best interactive option.( this App is also supported in a desktop mode to use without VR headset).

1.SOFTWARE LICENSE AND PROPRIETARY RIGHTS

1.1 License

You acquire, upon installing the App, a personal, non-exclusive, non-transferable and revocable license to use the App in its current and future versions, solely for personal and non-commercial purposes, pursuant to the provisions of this Agreement.

1.2 Intellectual property rights

All intellectual property rights to the App and any related current and future functionality, products or services, as well as user accounts belong to SecondaryBounce, No one other than SecondarBounce, S.L. has the legal right to commercialize the intellectual properties within the App, including virtual currencies and in-app assets.

Each Artist participant in this virtual exhibition, has the property rights of the Art piece that they have provided for this App.

No audiovisual material obtained through this application can be used in any commercial way without the written consent of SecondaryBounce or the Artist who owns the property rights.

2. ACCEPTABLE USE OF THE APPLICATION

2.1 User responsibility

You commit to ensure that the App is only used as intended by us and pursuant to this Agreement. You shall not make any changes or additions to the App without a written agreement from SecondaryBounce. You may not use this for any public space installations or uses without obtaining written consent form SecondaryBounce.

2.2 Rules of conduct

You may post and share content from the App. You agree, by using the App, not to upload, post, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, torturous, vulgar, hateful, racially, ethnically or otherwise offensive or discriminatory, obscene, pornographic, excessively violent or harmful to minors, defamatory, libellous or invasive of another´s privacy or publicity rights, infringes any trade secret or intellectual property rights of any party, or contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any product or to provide user with any unfair advantage.

2.3 Hacking and modifications of software

You hereby confirm that you will not engage in any sort of hacking, tampering, modifying or altering of the software. This applies regardless of the intention. Any breach of this obligation will result in termination in accordance with this Agreement.

3. MISCELLANEOUS

3.1 Warranty and claims

The App is delivered as it is (“as is”) with no warranty regarding functionality, support or availability.


3.2 Limitation of Liability

To the extent not prohibited by law, in no event shall SB be liable for personal, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of ro relates to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages.

3.3 Dispute resolution

This Agreement shall be constructed in accordance with Spain regulations. You and we consent to jurisdiction in Spain.

3.4 Support

For information regarding support the App, e-mail: vruseum@secondarybounce.com