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Virtual Explorer End User License Agreement
The products transacted herein are licensed, not sold, to You for use only under the terms of this License. The licensor, Uncle Milton Industries, Inc., (“Application Provider”) reserves all rights not expressly granted to You. The product that is subject to this License is referred to in this License as the “Licensed Application.”
a. Scope of License: This License granted to You for the Licensed Application by Application Provider is limited to a non-transferable License to use the Licensed Application on any Compatible Device. You may be required to purchase or otherwise obtain other materials (“Additional Materials”) in order to fully use the Licensed Application. These Additional Materials may include a virtual/augmented reality viewer (the “Viewer”) and activity cards (the “Cards”). These Additional Materials may include other terms and conditions which are incorporated by reference herein.
Cards, when used in connection the Licensed Application, Compatible Device, and the Viewer, allow You to unlock different virtual reality and augmented reality experiences. The materials contained on these Cards are the intellectual property of the Application Provider, and You agree not to unlawfully disseminate this information to others, such as by making photocopies of these cards to distribute to others, or uploading photographs of these Cards on the internet. You further agree to only use Cards which You have purchased or otherwise lawfully obtained. Your failure to comply with these terms may result in the termination of this License, and Your inability to use the Licensed Application. You may also be subject to prosecution and damages. In addition, You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by Application Provider that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
With respect to all Apple brand Compatible Devices (i.e. iPhone or iPod touch), You further agree that You own or control Your Compatible Device as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Apple Usage Rules”). This License does not allow You to use the Licensed Application on any Apple Brand Compatible Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple Apple Brand Compatible Devices at the same time.
b. In-App Purchases: The Licensed Application may at some point in the future allow You to make purchases within the Licensed Application. You are only permitted to make sure purchases if You are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a parent or guardian to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings on their Compatible Device to restrict these purchases, but should also monitor their children’s Accounts for unexpected activity, including purchases. Application Provider has no obligation or responsibility to, and will not reimburse or refund, you for any purchases if Your Account is cancelled, suspended or terminated. You acknowledge that Application Provider is not required to provide a refund for any reason, and that You will not receive money or other compensation for when Your Account is closed, whether such closure was voluntary or involuntary.
c. Content and Content Rights: For purposes of this License: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Licensed Application. Subject to Your compliance with the terms of this License, Application Provider grants You a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of this Licensed Application.
Application Provider and its licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that the Content is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content.
d. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
e. Termination: The License is effective until terminated by You or Application Provider. Your rights under this License will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this License. Upon termination of the License, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
f. Services; Third Party Materials: You acknowledge that neither the Application Provider, nor any other party, has any obligation to perform maintenance and support services with respect to the Licensed Application.
The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and acceptance of additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your Compatible Device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
g. No Warranty: You expressly acknowledge and agree that use of the Licensed Application is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "as is" and “as available”, with all faults and without warranty of any kind, and Application Provider hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application Provider does not warrant against interference with Your enjoyment of the Licensed Application, that the functions contained in, or services performed or provided by, the Licensed Application will meet Your requirements, that the operation of the Licensed Application or Services will be uninterrupted or error-free, or that defects in the Licensed Application or Services will be corrected. No oral or written information or advice given by Application Provider or its authorized representative shall create a warranty. Should the Licensed Application or Services prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
With respect to Apple brand Compatible Devices, in the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are not the responsibility of Apple.
h. Limitation of Liability: To the extent not prohibited by law, in no event shall Application Provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Application Provider’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You acknowledge that there may be inherent risks associated with any virtual/augmented reality device, including but not limited to seizures, discomfort, repetitive stress injuries, electric shock, or injuries related to disorientation during or after the virtual reality experience. While using the Licensed Application, please be aware of Your surroundings. You agree that Your use of the Licensed Application is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Licensed Application. To the extent permitted by applicable law, Application Provider disclaims all liability related to any property damage, personal injury, or death that may occur during Your use of the Licensed Application, including any claims based on the violation of any applicable law, rule, or regulation or Your alleged negligence or other tort liability. The Application Provider is not liable for any damages arising from injuries related to such risks.
With respect to Apple brand Compatible Devices, to the extent not prohibited by law, under no circumstances is Apple responsible for addressing any claims relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Licensed Application or the Your possession and use of that Licensed Application infringes a third party’s intellectual property rights, the Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License, and Apple will have the right to enforce this Agreement against You as a third party beneficiary thereof.
i. Export Restrictions: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
j. Additional Terms: The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
k. Choice of Law: The laws of the State of California, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
l. Entire Agreement: The failure of Application Provider to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision.
This License constitutes the entire agreement and understanding between You and Application Provider and govern Your use of the Licensed Application, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Application Provider (including, but not limited to, any prior versions of the License).
Any ambiguities in the interpretation of this License shall not be construed against the drafting party.
m. Contact Information: Questions about this License should be sent to Uncle Milton Industries, Inc. at PO Box 4311, Thousand Oaks, CA 91359-1311 or at email@example.com.