PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY before installing KOBOLD VR EXPERIENCE, PROJECT JUA or any software application published by anotherworld GmbH with offices at Brunnenstraße 4, 10119 Berlin, Germany (hereafter referred to as the “Software Product”). By installing, copying, and/or otherwise using the Software Product or attempting to do any of these you agree to be bound by the terms of this EULA as set forth by anotherworld GmbH (“Licensor”, “AnotherWorld VR”, “anotherworld vr” or “we”). IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, do not install the Software Product and „anotherworld GmbH“ shall not grant to you the License (defined below) to the Software Product.
PLEASE NOTE that the product you are intended to use is related to virtual reality software. The influence of the virtual reality to the humans 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. „anotherworld GmbH“ shall not be liable for any harm to health or damages to property resulting or connected with the use of the Software Product.
1. GRANT OF LICENSE
- Non-exclusive license for personal use. Provided you comply with the terms in this EULA, „anotherworld GmbH“ hereby grants you a non-exclusive, non-transferable right to load, install, run, and use the executable form of the Software Product for the purpose of playing the game for your personal use only (the “License”). You are prohibited from any commercial use of this Software Product.
- Copies. You may install and use one copy of the Software Product on your personal computer, and except for making one back-up copy of the Software Product, may not otherwise copy the Software Product. The Software Product may not be shared or used concurrently on different computers.
- Limitations. Except as expressly specified in this EULA, you may not: (a) copy (except in the course of loading or installing) or modify the Software Product, including but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Software Product; (b) reverse engineer, decompile, or disassemble the Software Product, or attempt in any other manner to obtain the source code, in whole or part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of „anotherworld GmbH“ on creation to the maximum extent permitted by law and you hereby waive all or any rights in such creations; (c) remove any copyright or other proprietary rights notices from the Software Product; (d) transfer, sublicense, lend, rent, lease or otherwise distribute the Software Product to someone else; or (e) make the functionality of the Software Product available to multiple users through any means, including but not limited to, by uploading the Software Product to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.
2. ADDITION OR MODIFICATION
- „anotherworld GmbH“ may provide an additional or modified Software Product to change, modify, expand functions, add contents and modify bugs. The provision in this EULA shall also be applied to such additional or modified Software Product.
- Such additional or modified Software Product shall be provided for free, unless “ anotherworld GmbH “ decides to provide them with compensation.
- „anotherworld GmbH “ reserves the right, at its discretion, to provide an additional or modified Software Product and “ anotherworld GmbH “ is not obliged to provide such additional or modified Software Product to the users.>
3. INTELLECTUAL PROPERTY RIGHTS
- The intellectual property rights for the Software Product belongs to “ anotherworld GmbH “ and shall be protected under the Civil Code of Germany, international treaty provisions and any other applicable laws (including in users’ country of residence).
- The Software Product is licensed, not sold, and “ anotherworld GmbH “ reserves all rights to the software not expressly granted by “ anotherworld GmbH „, whether by implication, estoppel, or otherwise. Except as otherwise expressly provided herein, “ anotherworld GmbH “ does not grant you any express or implied right under any „anotherworld GmbH“’s patents, copyrights, trademarks, or other intellectual property rights in the Software Product, and all rights, title and interest in and to the Software Product not expressly granted are reserved by „anotherworld GmbH“.
- The Software Product may contain certain materials licensed by „anotherworld GmbH“ from others, and „anotherworld GmbH“ and its licensors may protect their rights in the event of any violation of this EULA.
4. TERM AND TERMINATION
- Without prejudice to any other rights of „anotherworld GmbH“, the License shall remain in effect for as long as you use, operate or run the Software Product.
- You may at any time terminate this EULA by deleting the Software Product and uninstalling it from your personal computer(s) or other applicable hardware. The Sections entitled “Intellectual Property Rights,” “Limitations of Liability”, “Indemnity,” “Applicable Law and Jurisdiction,” and “Non-waiver” and item 1.3 (Limitations) shall survive any termination of this License.
- „anotherworld GmbH“ reserves the right, without prior notice and in its sole discretion, to terminate the EULA upon one (1) or any breach of the provisions provided hereto. In such case you shall immediately stop using the Software Product and shall uninstall and delete it from your personal computer.
5. NO WARRANTIES
- THE SOFTWARE IS PROVIDED „AS IS“ AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, „ANOTHERWORLD GMBH“ AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM „ANOTHERWORLD GMBH“ OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. IF YOUR LOCAL LAWS IMPOSE A WARRANTY, GUARANTEE OR CONDITION EVEN THOUGH THESE TERMS DO NOT, ITS DURATION IS LIMITED TO 90 DAYS FROM WHEN YOU DOWNLOAD THE APPLICATION. „ANOTHERWORLD GMBH“ DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT „ANOTHERWORLD GMBH“ WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. „ANOTHERWORLD GMBH“ FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER OR HARDWARE. PLEASE REFER TO THE SOFTWARE PRODUCT PACKAGING OR WEBSITE OR MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
6. LIMITATIONS OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL „ANOTHERWORLD GMBH“ OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFFITS, LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF „ANOTHERWORLD GMBH“ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, „ANOTHERWORLD GMBH“’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS EULA SHALL NOT EXCEED THE AMOUNT PAID BY THE USERS TO PURCHASE THE SOFTWARE PRODUCT OR $1 (one USD), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless „anotherworld GmbH“, our partners, affiliates, contractors, licensors and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product, any breach by you of the terms of this EULA and/or arising out of or related to content that you submit, post, link to, transmit or make available through the Software Product and/or your violation of any rights of another users.
8. AMMENDMENTS TO EULA
- „anotherworld GmbH“ may amend this EULA unilaterally at any time in its sole discretion by displaying such amendment on the third party platform where the Software Product was purchased (e.g. Oculus Store provided by Oculus VR), „anotherworld GmbH“’s official website or within the game screen of the Software Product.
- Notwithstanding the foregoing provision, if such amendment is detrimental to the users, „anotherworld GmbH“ shall take reasonable means such as displaying or posting such amendment in advance.
- You take the responsibility to be up-to-date with the latest version of this EULA.
- Your installation and use of any updates or modifications to the Sofware Product or your continued use of the Software Product following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
9. APPLICABLE LAW AND JURISDICTION
- This EULA is governed and interpreted in all respects by the laws of Germany, without regard to or application of conflict of laws rules or principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
- A court in Germany shall have exclusive jurisdiction over any dispute or claim arising out of this EULA.
10. ENTIRE AGREEMENT
- This EULA represents the complete agreement between you and „anotherworld GmbH“ concerning the License and your rights to use the Software Product, and supersedes all prior agreements and representations, warranties or understandings between you and „anotherworld GmbH“ (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
- If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provision to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.
- 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 this software, if you move your feet, do so slowly 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. It is strongly recommended that you use the Software Product only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach, while using the Software Product. Be sure you can hear the supervising person at all times while using the Software Product. 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 outward and upwards. Hold the controllers firmly and always use the wrist straps. Do not use near stairways, windows, heat sources. While using the Software Product, avoid moving your hands or body in a rapid or uncontrolled manner. Doing so may cause serious injury to yourself or others. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ANY MECHANISM IN THE SOFTWARE, INCLUDING THE AUTO PAUSE FEATURE, FOR PROTECTION. Each time you use this software, 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.