END USERS LICENCE AGREEMENT (EULA) FOR VOXVR
Please read the following terms and conditions carefully before using this Software Product. Your use, distribution or installation of this product indicates your acceptance of this License. If you do not agree to any of the terms of this License, then do not install, distribute or use this Software Product.
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
For the purposes of this license with pertaining appendices, the below terms shall have the following meanings unless otherwise stated or clear from the context:
– “Licensor” means Broken Vector UG (haftungsbeschränkt), a company organized under the German laws. More information about this company can be found here.
– “Software Product” means the program “VoxVR” and “VoxVR Viewer” as well as associated software, image files, all accompanying files, media, data and materials as well as other “online” or electronic documentation and licensed third party content.
– “You”, “License” means the person, company or organization that has licensed the Software Product.
– “Use” means to download, install, access, use the functionality of the Software Product.
– “License” means this end-user license agreement (“EULA”) between you and Broken Vector.
– “Store” means the authorized distributor of Software Product.
– “Computer” means a machine with digital circuits that uses data and performs functions based on instructions.
2. SOFTWARE LICENSE
2.1 The Licensor grants you a non-transferable, non-exclusive license to install and use the Software Product, solely for internal use by a single person.
2.2 You may install and use the Software Product on multiple Computer but only for use by You.
2.3 All right not expressly granted are reserved by the Licensor.
3.1 All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by the Licensor.
3.2 The Software Product is protected by copyright laws and international treaty provisions.
3.3 All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants you no rights to use such content.
3.4 The Licensor, the owner of the copyright of this Software Product, all of its derivatives, title and accompanying materials are the exclusive property of the Licensor. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by the Licensor.
3.5 You may print a copy of official electronic documentation, made available through Licensor, for your personal use.
4.1 You may use the Software Product for any commercial purposes, if your annual revenue is below $50,000 USD, based on prior fiscal year. If your revenue is above this amount, contact us for a special license.
4.2 You must maintain all copyright notices on all copies of the Software Product.
4.3 You may not reverse engineer, decompile, disassemble, take apart, or modify the Software Product.
4.4 You may not rent or lease or lend the SOFTWARE.
4.5 You may not distribute or share the SOFTWARE.
4.6 You may not transfer or assign the License or your rights and obligations in whole or in part, to another party
4.7 You may not rent, lease, transfer, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on this Software Product.
4.8 You may not make access to 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 the Licensor herein.
4.9 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 in any manner that will cause damage to the Licensor.
4.10 This Software Product and all services provided may be used for lawful purposes only.
4.11 Transmission, storage, or presentation of any information, data or material in violation of any International, United States Federal, European Union, Germany, 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. You agree to indemnify and hold the licensor harmless from any claims resulting from the use of this Software Product, which may damage any other party.
5. USE OF DATA
5.1 Licensor, its partners and subsidiaries may periodically collect and use technical and related data concerning the Software Product, including about the version number of the Software You have installed and about the system You have installed the Software on.
5.2 Licensor, its partners and subsidiaries will use such data to facilitate maintenance and support with respect to the Software Product, to improve its products and to provide further services or technologies to You.
5.3 Licensor may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the Software Product and to comply with its obligations under this EULA.
5.4 To the extent Licensor will process personal data, it will comply with its obligations under applicable data protection law.
5.5 You have the right to request access to and rectification or erasure of Your personal data.
5.6 A detailed privacy statement is available under https://www.brokenvector.com/privacy/
6. WARRANTY AND LIABILITY
6.1 If you have purchased a single copy from the Store, the refund policy of that Store applies.
6.2 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.
6.3 Any liability of the Licensor will be limited exclusively to refund of purchase price. In addition, in no event shall the Licensor, 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 Software Product.
6.4 There is no warranty of condition of title, of quiet enjoyment, or of non-infringement.
6.5 The entire risk arising out of the use or performance of the Software Product is with you.
6.6 In no event does the Licensor 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 Software Product harmless from any claims or losses relating to such unauthorized use.
6.7 In no event shall Licensor be liable for any incidental, direct, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including without limitation lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation or liabilities to third parties arising from any source, even if Licensor has been advised of the possibility of such damages. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.
6.8 To the full extent allowed by law, you hereby release Licensor and its suppliers from any and all liability arising from or related to all claims concerning the Software Product or its use.
7.1 Without prejudice to any other rights, Licensor may terminate this License, if you fail to comply with the terms and conditions of this License.
7.2 Licensor may terminate this License by offering you a superseding License for the Software Product or any replacement or modified version of or upgrade to the Software Product and conditioning your continued use of the Software Product or such replacement, modified or upgraded version on your acceptance of such superseding License.
7.3 Licensor may terminate this License by notifying you that your continued use of the Software Product is prohibited.
7.4 In the event that Licensor terminates this License, you must immediately stop using the Software Product and destroy all copies of the Software Product and all of its component parts.
8.1 This License constitutes the entire statement of the License between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
8.2 This License may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same license.
8.3 The invalidity or unenforceability of any provisions of this License shall not affect the validity or enforceability of any other provision of this License, which shall remain in full force and effect.
8.4 The headings contained in this License are for reference purposes only and shall not affect in any way the meaning or interpretation of this License.
8.5 In construing or interpreting this Agreement, the word “or” shall not be construed as exclusive, and the word “including” shall not be limiting. The parties agree that this License shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party and that ambiguities shall not be interpreted against the drafting party.
9. DISCLAIMER OF WARRANTIES
LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
10. EXCLUSION OF ALL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.1 This License shall be governed by the laws of Germany.
11.2 The seat of the arbitration court shall be in Munich, Germany, and the language of the arbitration shall be German. If a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.