1 Parties to the agreeement
This Passer VR End User License Agreement (hereinafter referred to as “EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“END-USER”) that acquires a Software Component from Passer.
By installing, copying, accessing, downloading or otherwise using the Software Components, END-USER agrees to be bound the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context clearly provides for a different understanding.
The subject matter of this EULA is the licensing to END-USER of any Software Component acquired by END-USER from Passer VR. The Software Components are licensed, not sold.
2 END-USER’s rights and obligations
END-USER may use the licensed Software Components only for their intended purpose
Passer VR grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Software Component to integrate the software only as incorporated and embedded components of electronic games and interactive media and distribute such electronic game and interactive media. END-USERS may modify Software Components. END-USER may otherwise not reproduce, distribute, sublicense, rent, lease or lend the Software Components. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Software Components in any other way than as integrated components of electronic games and interactive media. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Software Component and then let any third party that has contributed to such purchase use such Software Component (forum pooling).
END-USER is granted a license to install and use Software Components on an unlimited number of computers provided that these computers are either all (i) physically located at a single physical location (“Site”) belonging to END-USER, or (ii) laptops belonging to END-USER which have been made available by END-USER to its employees that are employed at the same Site. Consequently, any Software Component may only be used at particular Site or on computers assigned to END-USER’s employees employed at the same Site and may only be moved to another Site subject to prior written approval from Passer VR.
Without prejudice to any other rights, Passer VR may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA.
END-USER may terminate END-USER’s license at any time.
The Software Components are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
All title and intellectual property rights in and to the Software Components (including but not limited to any software, images, photographs, animations, graphics, 3D graphics, video, audio, music, text, tutorials, and “applets” incorporated into the Software Components), the accompanying printed materials, and any copies of the Software Components are owned by Passer VR. All rights not expressly granted are reserved by Passer VR.
5 Disclaimer of warranties
END-USER’s use of any Software Component is at END-USER’s own discretion and risk and END-USER is solely responsible for any damage to END-USER’s computer system, or other device, or loss of data that results from such use.
To the maximum extent permitted by applicable law, Passer VR further expressly disclaims all warranties terms or conditions of any kind, whether expressed or implied, including, but not limited to any implied warranties terms and conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, with respect to any Software Component.
None of the Software Components are intended for use in the operation of any safety critical system.
6 Limitation of liability
Passer VR’s total liability of END-USER from all causes of action and under all theories of liability under these terms will be limited to the amounts paid by the END-USER in the past six months for the Software Components relating to the dispute. In no event will Passer VR be liable to END-USER for any special, incidental, exemplary, punitive or consequential damages (including loss of data, business, profits or ability to execute) or for the cost of procuring substitute products arising out of or in connection with these terms, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is fount to have failed of its essential purpose.
END-USER expressively understands and agrees that Passer VR shall not be liable to END-USER for any loss or damage which may be incurred by END-USER, including but not limited to loss or damage as a result of:
1 Any reliance placed by END-USER on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between END-USER and Passer VR;
2 Any changes which Passer VR may make to the Software Components;
3 The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through END-USER’s use of the Software Components;
7 Venue and applicable law
This EULA and END-USER’s relationship with Passer VR under this EULA, shall be governed by the laws of The Netherlands without regard to its conflict of laws provisions.