GADGETEER END USER LICENSE AGREEMENT
Effective Date: 4/20/2019
This End User License Agreement (“EULA”) is entered into between you and Metanaut Labs Inc., its parents, subsidiaries and affiliates, (“Metanaut”) and applies to the release of Gadgeteer, a virtual reality game (the “Software”).
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE EULA.
1 VIRTUAL REALITY WARNING
Virtual reality software creates an immersive experience that may cause nausea, photosensitivity, epilepsy, seizures or other bodily injury (including death or disability) or property damage. As with all virtual reality software, please follow the instructions provided with your virtual reality headset and be sure to use the Software in a safe environment away from people and property that you could come in contact with while wearing the headset.
2. LICENSES
2.1 License. Metanaut grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Software if downloaded from Metanaut directly or from an authorized third party. You may only use one copy of the Software at any time. If you wish to use the Software on two or more devices, you must acquire additional Software licenses. You agree that no title or ownership interest in the Software is transferred or assigned to you and that the EULA is not a sale of any right to the Software.
2.2 Streaming and Social Media License. Metanaut grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display the Software on video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a video (“Social Content”). Metanaut may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss you incur.
2.3 User Content License. User content includes any information that you create, submit, transmit or upload while using the Software, for example, the chain reaction machines built by a user within Gadgeteer (“Machines”), Social Content and any submissions, comments, questions, testimonials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to Metanaut whether by email, posting on its forums or Reddit page or through any other method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Metanaut a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Metanaut reserves the right to review, edit, delete or block access to User Content without notice.
3. USE OF THE SOFTWARE
3.1 Personal Data. Accessing the Software may require you to provide Metanaut with personal data, which is collected, used and disclosed in accordance with Metanaut’s Privacy Policy. You agree to provide accurate and complete personal data to Metanaut and to update your data if it changes. The Privacy Policy is available at metanautvr.com/privacypolicy.
3.2 Age Restriction. You must be at least 13 years old in order to access the Software. If you are under the age of 13, you may not use the Software. If you are between 13 years old and the age of majority in your jurisdiction, you must have the consent of a parent to access the Software.
3.3 Access. Access to the Software may require hardware including but not limited to a VR/AR compatible computer, mobile device and or headset (“VR Hardware”) meeting certain minimum specifications set by Metanaut and described on metanautvr.com and the store page from which you downloaded the Software, as updated on one or more occasions, and an Internet connection (“Minimum Specifications”). You agree to provide all VR Hardware and the Internet connection required to use the Software and to pay all fees incurred by you when accessing the Software through an Internet connection.
3.4 Using Machines. Metanaut may allow you to share Machines with other users and to download Machines created by other users. Even if your VR Hardware meets the Minimum Specifications, Machines may not operate well (or not at all) on your VR Hardware. Additionally, users are free to modify Machines created by others, and share these edited Machines, so long as the original creator is credited.
4. LIMITATIONS ON USE OF THE SOFTWARE
4.1 Limitations. You agree that you will not use the Software in the following manner:
a. engage in conduct that Metanaut determines, in its sole discretion, to constitute improper use of the Software;
b. decompile, disassemble or reverse engineer the Software or otherwise attempt to derive Software source code;
c. except for Social Content or as expressly permitted by Metanaut, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Software;
d. sell, lease or remove/alter advertising in the Software;
e. cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Software;
f. break, attempt or otherwise assist with the disruption of any computer used to support the Software or experience of another user;
g. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Software or the computers of other users;
h. utilize the Software or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 2.2;
i. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Software;
j. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
k. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
l. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
m. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
n. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
o. collect or attempt to obtain user data, whether personal or anonymous; or
p. impersonate another person or an employee of Metanaut,
as determined by Metanaut in its sole discretion.
5. TERM AND TERMINATION
5.1 Term. Metanaut may also suspend or terminate your access to the Software at any time for any reason including but not limited to your violation of the EULA, as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Metanaut. You may terminate your access to the Software at any time by ceasing to use the Software and deleting any Metanaut game you have installed. Data collected by Metanaut may be retained for a period of time after your access to the Software is terminated, as described further in the Privacy Policy.
5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Metanaut shall cease to provide you access to the Software and may delete data associated with your use of the Software, including Machines. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Metanaut, and Metanaut is not liable to you or any third party for such suspension or termination and any related loss.
6. METANAUT OWNERSHIP RIGHTS
All right, title and interest in and to the Software, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, methods of operation and Machines (and mechanics and other components thereof) built within the Software by users, are owned by Metanaut. Metanaut reserves all rights in the Software.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 DISCLAIMER. THE SOFTWARE IS STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY METANAUT “AS IS”. METANAUT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, METANAUT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR VR HARDWARE OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE SOFTWARE IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON METANAUT TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SOFTWARE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY METANAUT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SOFTWARE.
7.2 LIMITATION OF LIABILITY. METANAUT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SOFTWARE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF METANAUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE.
7.3 METANAUT’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD METANAUT FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND METANAUT’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SOFTWARE.
8. UPDATES
8.1 Updates. Metanaut agrees to notify you of an update to the EULA by an in-Software message and by a posting on metanautvr.com. You are deemed to accept an update by continuing to use the Software. Unless Metanaut states otherwise, updates are automatically effective 30 days after posting.
8.2 Governing law. The EULA and Privacy Policy are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
8.3 Severability. To the extent any section, clause, provision or sentence or part thereof of the EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
8.4 No Waiver. Metanaut’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
8.5 Survival. Sections 2.3, 3.1, 5.2 and 6 though 8 survive termination of the EULA.
8.6 Entire Agreement. The EULA constitutes the entire agreement between you and Metanaut with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
8.7 Contact. You may contact Metanaut regarding this EULA by emailing [email protected].