Software Application End User License Agreement
Last Updated: April 28th, 2017
This End User License Agreement (this "Agreement") is entered into by and between you (Licensee, or you) and Oblixs LLC ("Company", Licensor, or "we"). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the virtual reality (VR) software application entitled Oblix, including any content, functionality and services offered on or through Oblix (the "App"), whether as a guest or a registered user.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.
Your continued use of the App following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
This is a license agreement and not an agreement for sale or assignment. You agree that Licensor may add, modify and withdraw any content, functionality and services offered on or through the App at any time.
Without limiting the above, except as allowed by law or as clearly indicated in writing by Licensor, the App may not be reproduced, displayed, exhibited or performed in whole or in part in or at public places.
- License Grant and Scope. Subject to and conditioned upon Licensee's strict compliance with all terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable limited license within the Territory, as hereinafter defined, to:
- download, install and use the App;
- download, re-download, stream, render in real time, install, store, display and view audio and visual works and data (the Content) via the App, in each case on a personal, noncommercial use basis, on a virtual reality headset or other VR support device; and
- download, install and use software that updates the App.
- Third-Party Materials. The App may include software, content, data or other materials, including related documentation, that are owned by Persons other than Licensor and that are provided to Licensee on licensee terms that are in addition to and/or different from those contained in this Agreement (Third-Party Licenses). Licensee is bound by and shall comply with all Third-Party Licenses. Any breach by Licensee or any of its Authorized Users of any Third-Party License is also a breach of this Agreement.
- Use Restrictions. Licensee shall not, directly or indirectly:
- modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App or any part thereof;
- combine the App or any part thereof with, or incorporate the App or any part thereof in, any other programs;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or with the App;
- except as expressly set forth herein, copy the App, in whole or in part;
- use the App in violation of any law, regulation or rule; or
- use the App for purposes of competitive analysis of the App, the development of a competing software product or service or any other purpose that is to the Licensor's commercial disadvantage.
- circumvent or disable any content protection system or digital rights management software or other security technology that is associated with the App or which controls access to and delivery of the App.
- Territory. The App is available for use by consumers residing in the United States and certain of its territories and protectorates only (the Territory).
- Intellectual Property Rights. Licensee acknowledges and agrees that the App is provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the same in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Licensor reserves and shall retain its entire right, title and interest in and to the App and all intellectual property rights arising out of or relating to the App, including without limitation the Content, except as expressly granted to the Licensee in this Agreement.
- Trademarks. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners.
- Termination. Licensor may immediately terminate this Agreement with Licensee without notice if Licensee fails to comply with any term of the Agreement. If this Agreement terminated, Licensee must immediately discontinue use and access of the App.
- Warranty Disclaimer. THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR OR VIRUS FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
- IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PERSONAL INJURY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE LICENSEE'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
- Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. The Licensee shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. The Licensee shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US.
- Warnings. Before using the App, please read the health and safety warnings that are accessible here: https://www.oculus.com/en-us/legal/health-and-safety-warnings/.
- Customer Support. For Customer Support, please send an email to email@example.com.
- This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any legal suit, action or proceeding arising out of or related this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States in the or the courts of the State of New York in each case located in the city of New York and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
- This Agreement, together with all other documents that are incorporated by reference herein, constitutes the sole and entire agreement between Licensee and Licensor with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, advertisements, representations and warranties, both written and oral, with respect to such subject matter.
- If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.