TERMS OF SERVICE
END USER LICENSE AGREEMENTS FOR RIFF VR
IMPORTANT - Please read this End User License Agreement (“EULA”) carefully before installing this Software Product. By installing, copying, and/or otherwise using the Software Product you agree to be bound by the terms of this EULA. Before installing this Software Product please make sure that your computer meets the minimum technical specifications for the proper operation of this Software Product.
(i) PURCHASE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE SOFTWARE PRODUCT.
END USER LICENSE AGREEMENT AND LIMITED WARRANTY
1. Legal Agreement
This EULA is a legal agreement between you and IMEX MEDIA, INC ("IMEX" or "we") which governs your use of the Software Product. For the purposes of this EULA, references to the Software Product includes computer software owned by IMEX or its third party suppliers/licensors and associated media, any printed materials, manuals, any on-line or other documentation together with, to the extent not distributed with a separate license agreement, any updates or patches to the original game software which are provided to you or which you may download from any IMEX web site or other source authorised by IME
source software that may be incorporated into any separate plugins, delivery systems or other software programs. Such third party proprietary software may be downloaded within the software package containing the Software Product and may be required in order to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third party end user license agreements.
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
2. Grant of Limited Non-Exclusive License
For so long as you are in compliance with the provisions of this EULA, IMEX grants you the non-exclusive limited right and license to:
(a) install one (1) copy of the Software Product into and use it on a single hard drive which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use only;
(b) transfer the Software Product from one hard drive to another PROVIDED it is used on only one (1) hard drive at any one time and any hard drive on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person PROVIDED such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies of the Software Product n
ot transferred. If any transferee does not accept such terms then this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your hard drive and the license granted to you under this EULA shall
automatically and immediately terminate.
All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to IMEX and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever, unless you have purchased a monthly commercial license;
(b) to install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users , unless you have purchased a monthly commercial license;
(c) without a separate, additional license from IMEX, to use the Software Product or permit the use of the Software Product, on more than one personal CPU, game console, or other device at the same time, unless you have purchased a monthly commercial license;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way; , unless you have purchased a monthly commercial license;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Software Product, in whole or in part, 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 be long to, vest in and be the exclusive property of IMEX and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(f) remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and its content and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product;
(g) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programs that mimic data or functionality in the Software Product.
Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Software Product.
4 Your consent to the use by us of certain Data
We may from time to time during your gameplay collect anonymous, non-personally identifiable information (i.e. information which neither identifies you nor is linked to, associated with or capable of being used to identify, you) about your hardware system including how you are using the Software Product (including information about your successful installation and removal of the Software Product). This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet service provider to identify your PC). This information may be used not only to help you play the game on the Software Product over the Internet (where the Software Product contains Online Features) but also to help us better understand how our customers are using the Software Product, their behavior and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your separate consent.
Without prejudice to any other rights, IMEX may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. You may also terminate the EULA at any time by destroying the Software Product and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and IMEX’s proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.
You only own the media on which the Software Product is recorded. IMEX and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
7. Limited Warranty and Exclusions
7.1 LIMITED WARRANTY
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under the applicable law.
liability of IMEX under this limited warranty will be, at IMEX's sole option, either (a) to return of the purchase price paid for the Software Product; or (b) to repair or, at SEL’s option, to replace free of charge the Software Product that does not meet this limited warranty provided the following procedures and conditions are observed.
7.2 THE LIMITED WARRANTY IN PARAGRAPH 7.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMEX AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, IMEX DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IMEX WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. IMEX FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE SELLING SITE STORE PAGE FOR MINIMUM TECHNICAL SPECIFICATIONS.
7.3 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL IMEX OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF IMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION,
(A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY GUIDELINES PROVIDED BY IMEX) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF IMEX AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
7.4 Nothing in this EULA shall limit or exclude IMEXs liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
7.5 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 7. Nothing in this paragraph 9 shall affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation. These statutory rights may vary from state/jurisdiction to state/jurisdiction.
7.6 You understand that the Software Product may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to this EULA or otherwise shall arise.
8. Governing Law and Dispute Resolution
8.1 Subject to paragraph 8.2 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed in accordance with California law. Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the State of California courts, except that nothing in this EULA shall limit IMEX’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions
preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.
8.2 If you acquired this Software Product in the United States of America this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State
of California, USA and subject to the non-exclusive jurisdiction of the state and federal courts situated in San Francisco, California, USA.
8.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
Because IMEX would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that we shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to us under law.
You agree to indemnify, defend and hold harmless IMEX, its partners, affiliates, contractors, licensors, officers, directors, employee and agents from 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 or any breach by you of the terms of
11.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
11.2 This EULA together with any other agreement, policy or other document expressly referred to in this EULA constitutes the entire agreement between IMEX and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous under standings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of IMEX.
11.3 You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, lyrics, music artist names, music artist likenesses, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software Product, and any related documentation) are owned by IMEX or its licensors.
11.4 IMEX reserves the right to amend this EULA at any time, at its sole discretion, but will post such changes on the IMEX website and/or will otherwise communicate such changes to you. You accept that such unilateral changes may be necessary to take account of, for example, changes to any digital rights management system used, or, where applicable, changes to the STEAM™ service where STEAM™ software is used. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above
Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
11.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected