ArcSine
EULA
ARCSINE END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT (“Agreement”) CAREFULLY. BY INSTALLING ARCSINE (THE “SOFTWARE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT AS SET FORTH BY PROP LOGIC LLC, A NEW HAMPSHIRE CORPORATION.
THE LICENSE TO BE GRANTED BY THIS AGREEMENT SHALL BE GRANTED IF AND ONLY IF YOU ACCEPT ITS TERMS AND CONDITIONS. BY SELECTING “ACCEPT”, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO SAID TERMS AND CONDITIONS. OTHERWISE, PROP LOGIC LLC SHALL NOT GRANT YOU THE LICENSE TO THE SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR OR LICENSEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR'S SOFTWARE.
(1) SAFETY
While using the Software and wearing a Virtual Reality headset necessary for use of the Software, you will not be able to see or hear your physical surroundings, and will simultaneously be exposed to experiences and situations which encourage you to move your body. The Software and its associated Virtual Reality hardware may stress your balance, coordination, physical and psychological fitness, cause you to feel compelled to move parts of your body rapidly, cause you to feel compelled to move parts of your body involuntarily, cause you to feel compelled to extend parts of your body beyond the safe limits of your physical surroundings, and encourage you to move parts of your body repeatedly.
YOU UNDERSTAND AND ACKNOWLEDGE THAT USE OF THE SOFTWARE AND ITS ASSOCIATED VIRTUAL REALITY EQUIPMENT MAY PUT YOU, OTHER PEOPLE, PETS, AND/OR PROPERTY AT RISK OF SERIOUS PHYSICAL AND/OR PSYCHOLOGICAL INJURY. THE RISKS YOU ASSUME BY CHOOSING TO USE THIS SOFTWARE MAY INCLUDE (BUT ARE NOT LIMITED TO) THOSE CAUSED BY INABILITY TO SEE AND/OR HEAR PHYSICAL SURROUNDINGS; CAUSED BY ANY PART OF YOUR BODY OR THE VIRTUAL REALITY HARDWARE MAKING PHYSICAL CONTACT WITH PEOPLE, PETS OR PROPERTY; CAUSED BY REPETITIVE AND/OR STRENUOUS MOVEMENT OF YOUR BODY; CAUSED BY INVOLUNTARY PHYSICAL REACTIONS TO STIMULI GENERATED BY THE SOFTWARE; CAUSED BY LOSS OF BALANCE AND/OR COORDINATION; CAUSED BY FREQUENT, PROLONGED OR EXCESSIVE USE OF THE VIRTUAL REALITY HARDWARE; CAUSED BY VIEWING THE SOFTWARE BY THOSE AT RISK OF PHOTOSENSITIVE EPILEPSY.
Precautions must be taken whenever the Software is used, including (but not limited to) ensuring that an area (“Area”) clear of obstructions, people, pets, and other items of hazard and/or value is prepared; that the Software is not used near structural features from which you could fall, including (but not limited to) stairways, windows, and atop raised platforms such as lofts; that you are physically fit to undertake the activity.
It is strongly recommended that a second individual closely monitor you during your initial experience with the Software to verify your ability to independently maintain your own physical safety. Approach your use of the Software with caution.
During use of the Software, you may move your arms rapidly and in such a way as to forcibly eject the controllers from your hands, striking people, pets, and/or objects. You agree to use safety straps on your controllers, if available, to mitigate this risk.
Frequent, prolonged, or excessive use may lead to injuries unless precautions are taken to prevent them. Monitor yourself for signs of physical distress and immediately cease use of the Software if any are detected. It is recommended that you periodically refrain from using the Software to avoid injuries associated with repetitive stress. If your physical fitness is in doubt, consult a physician.
YOU UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO EXERCISE ANY AND ALL PRECAUTIONS NECESSARY FOR THE SAFE OPERATION OF THE SOFTWARE AND ITS ASSOCIATED VIRTUAL REALITY HARDWARE, INCLUDING (BUT NOT LIMITED TO):
Eliminating any and all risk factors associated with the Area you prepare, and ensuring that you have sufficient over-head, surrounding, and under-foot clearance from obstacles, ledges, people, pets, and other factors; exercising adequate self restraint in order to prevent yourself from moving in an unsafe manner, both voluntarily and involuntarily; determining your ability to maintain safe conditions while using the Software and exercising the option to cease use of the Software if it becomes evident that you are unable to do so; maintaining safe control over the Virtual Reality controller apparatus; following the Virtual Reality hardware manufacturer's safety guidelines.
YOU UNDERSTAND AND ACKNOWLEDGE THAT:
Any feature in the Software which may appear to be designed to protect you from any risks is supplementary and cannot be relied upon for protection from said risks; you are capable of exiting the Software at any time during its use in order to terminate the experience that it produces; you are capable of removing the virtual reality headset at any time to ensure your safety; you are responsible for the safety of other people using the Software should you choose to allow its use by anyone other than yourself; the Software shall not be used by children under the age of 14; people below the age of minority shall be supervised by an adult at all times while using the Software; USE OF THE SOFTWARE AND/OR NEGLIGENCE BY YOURSELF OR OTHERS MAY RESULT IN OUTCOMES INCLUDING (BUT NOT LIMITED TO) PROPERTY LOSS, FINANCIAL LOSS, PSYCHOLOGICAL INJURY, PHYSICAL INJURY AND/OR DEATH.
YOU ACKNOWLEDGE AND AGREE TO ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO YOU. YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN RISK. THIS SECTION DOES NOT DISCLOSE ALL RISKS AND/OR PRECAUTIONS ASSOCIATED WITH THE SOFTWARE, AND YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH USE IS SUITABLE FOR YOU.
(2) LIMITED USE LICENSE
The "Software" includes all software included with this agreement (including related services), the accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials, including any subsequent revisions to the software which may become available from Prop Logic LLC or its licensors to you. Prop Logic LLC (or its licensors) grants to you a non-exclusive, non-transferable, non-sublicensed, non-commercial and limited personal license to install and use the Software on a computer or applicable device solely for your personal non-commercial use (the “License”). All rights not specifically granted under this License are hereby reserved by Prop Logic LLC and, as applicable, by its licensors. THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. This License shall not be construed as having granted you with any title or ownership of the Software, and does not constitute a sale or transfer of any intellectual property or other rights to the Software.
(3) OWNERSHIP
You acknowledge and agree that all rights to the intellectual property associated with the Software is entirely owned by Prop Logic LLC or its licensors and are provided under license, not sold, to you. Prop Logic LLC and its licensors shall retain their entire right, title, and interest in and to the Software and all Intellectual Property Rights arising out of or relating to the Software, except as expressly granted to you in this Agreement. This intellectual property (including, without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) is protected by laws including but not limited to the copyright and trademark laws of the United States and international treaties and conventions. All rights are reserved worldwide. You shall safeguard all Software (including copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. The Software includes licensed content from other sources and Prop Logic LLC or its licensors may protect the rights of these sources in the event of any breach of the terms of this Agreement by you.
Subject to and conditioned upon your strict compliance with all terms and conditions set forth in this Agreement, Prop Logic LLC hereby grants to you a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use, solely by and through its Authorized Users, the Software and Documentation, solely as set forth in this Section 4 and subject to all conditions and limitations set forth in Section 5 or elsewhere in this Agreement. This license grants you the right, exercisable solely by and through your Authorized Users, to:
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Download and install in accordance with the Documentation 1 copy of the Software on a device owned or leased, and controlled by you. All copies of the Software made by you:
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Use and run the Software as properly installed in accordance with this Agreement and the Documentation, solely as set forth in the Documentation.
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Download or otherwise make 1 copy of the Documentation and use such Documentation, solely in support of its licensed use of the Software in accordance herewith. All copies of the Documentation made by you:
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Transfer any copy of the Software from one computer to another, provided that:
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(5) LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Software in a manner that is consistent with this License and you SHALL NOT, WITHOUT WRITTEN PERMISSION AND/OR AN ALTERNATIVE LICENCE FROM PROP LOGIC LLC, DIRECTLY OR INDIRECTLY:
(i) sell, rent out, lease, license, distribute, market, exploit the Software or any of its parts commercially;
(ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Software in a manner which extends beyond any applicable laws explicitly permitting such actions. Any materials produced within the bounds of these applicable laws, and its associated intellectual property will immediately become the exclusive property of Prop Logic LLC and/or its licensors;
(iii) remove, alter, disable or circumvent any copyright and/or trademark indications or other authorship and origin information, notices or labels contained on or within this Software;
(iv) export this Software or its derivatives in violation of any applicable laws or regulations;
(v) use the Software on more than one computer or applicable device simultaneously;
(vi) make copies of any part of the Software except the save files;
(vii) generate, author, or otherwise create software and/or data that resembles data or functionality inherent to the Software;
(viii) bypass any features in the Software intended to control access to it.
(6) SOFTWARE UPDATES
Prop Logic LLC may deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to play the Software. You hereby grant to Prop Logic LLC the right to remotely access your computer or applicable device, and to make modifications to the Software for the purposes of maintenance, feature improvements, additional content. All provisions of this Agreement that refer to the “Software” shall also apply to these modifications.
(7) LIMITED WARRANTY AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. PROP LOGIC LLC AND ITS LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROP LOGIC LLC AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY PROP LOGIC LLC OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL PROP LOGIC LLC BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT PROP LOGIC LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL PROP LOGIC LLC’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
(8) TERM AND TERMINATION
The License is effective from the earlier of the date you purchase, download or use the Software, and will persist until terminated. You and Prop Logic LLC (or its licensors) may terminate this License, at any time, for any reason. Termination by Prop Logic LLC will be effective upon notice to you or at the time of Prop Logic LLC's decision to discontinue offering and/or supporting the Software. The License will terminate automatically if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by ceasing to use and destroying all copies of the Software and Documentation. Prop Logic LLC may terminate this Agreement, effective immediately, if you file, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property. Upon termination for any reason, you must immediately uninstall/delete the Software and destroy all copies in your possession. Sections (3), (5), (7), (8), (9), (10), and (12) shall remain in full force perpetually.
(9) INDEMNITY
YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND PROP LOGIC LLC AND ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, AGENTS, SUCCESSORS, REPRESENTATIVES, AND ASSIGNS FROM AND AGAINST ANY CLAIMS OR SUITS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, WHICH ARISE OR RESULT FROM YOUR USE OF THE SOFTWARE, OR A BREACH OF ANY TERMS AND CONDITIONS OF THIS AGREEMENT BY (OR KNOWINGLY AND ACTIVELY ASSISTED BY) YOU.
(10) Governing Law and Jurisdiction
This Agreement, and the rights and obligations of you and Prop Logic LLC concerning the Software, shall be construed and enforced under New Hampshire law as such law is applied to agreements between New Hampshire residents entered into and to be performed within New Hampshire, without regard to New Hampshire conflicts of law principles. To the extent any claims are governed by federal law, such federal law shall also be applicable. You and Prop Logic LLC consent to the exclusive personal jurisdiction of the state and federal courts located in the State of New Hampshire, in connection with any claim or dispute concerning this Agreement or the Software, and you and Prop Logic LLC waive any objection based on the venue or inconvenience of such forum. If you are from outside the United States, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
(11) AMENDMENTS
Prop Logic LLC reserves the right to amend this Agreement at any time, at its sole discretion. Prop Logic LLC will make such changes available on the Prop Logic LLC website and/or will communicate such changes through the third party service from which the Software was obtained. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the provisions as described in section (7). Your continued use of the Software and/or installation and use of any updates or modifications to the Software following notices of change to this Agreement will constitute your understanding and acceptance of any and all such changes to the terms of this Agreement.
(12) MISCELLANEOUS
This License constitutes the entire Agreement between you and Prop Logic LLC with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter (whether negligently or innocently made but excluding those made fraudulently). If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
Prop Logic LLC will not be responsible or liable to you, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or your equipment, loss and destruction of property, or any other circumstances or causes beyond Prop Logic LLC’s reasonable control.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
You shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Prop Logic LLC's prior written consent, which consent Prop Logic LLC may give or withhold in its sole discretion. No delegation or other transfer will relieve you of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section You shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Prop Logic LLC's prior written consent, which consent Prop Logic LLC may give or withhold in its sole discretion. No delegation or other transfer will relieve you of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section You shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Prop Logic LLC's prior written consent, which consent Prop Logic LLC may give or withhold in its sole discretion. No delegation or other transfer will relieve you of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section You shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Prop Logic LLC's prior written consent, which consent Prop Logic LLC may give or withhold in its sole discretion. No delegation or other transfer will relieve you of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section is void. Prop Logic LLC may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. is void. Prop Logic LLC may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. is void. Prop Logic LLC may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. is void. Prop Logic LLC may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.