VizVibe - AR LaunchPad
End User License Agreement
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and VizVibe (“VizVibe” or “we” or “us”) with respect to the use of any software or services (“Services” or “Product”), described below. An amendment or addendum to this EULA may accompany the Software. You agree to be bound by the terms of this EULA by installing or using the software. If you do not agree, do not install or use the software.
This EULA governs your access and use of the Services. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited or limited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
This is a legal agreement. By accessing and using the services, you are accepting and agreeing to this EULA on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and capacity to accept and agree to this EULA on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction of residence to use or access the services and to enter into this EULA. You represent and warrant that (I) you are not located in a country that is subject to a us government embargo, or that has been designated by the us government as a “terrorist supporting” country; and (ii) you are not listed on any us government list of prohibited or restricted parties.
If you do not agree with any of the provisions of these terms, you should cease accessing or using the services.
By using the services, you are consenting to automatic software update of the services. If you do not agree, you should not use the services. Grant of License.
Subject to the terms of this EULA, VizVibe grants to you a limited, revocable, nontransferable, nonexclusive license (without the right to sublicense) to execute the Services, for your personal or commercial purposes.
This Contract applies to VizVibe.com, VizVibe-branded apps, AR LaunchPad, Solar Space AR, and other VizVibe-related sites, apps, and communications. Registered users of our Services are “Customers” and unregistered users are “Visitors”. This Contract applies to both Customers and Visitors.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party, (b) copy or use the Services for any purpose other than as permitted in Section 1 (Grant of License), (c) use any portion of the Services on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services. You may not release the results of any performance or functional evaluation of any of the Services to any third party without prior written approval of VizVibe for each such release.
- Automatic Software Updates
VizVibe may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. By using the Services, you consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Services and you agree to promptly install any Updates VizVibe provides. Your continued use of the Product is your agreement to this EULA.
- Reservation of Rights and Ownership
VizVibe reserves all rights not expressly granted to you in this EULA. The Services are protected by copyright and other intellectual property laws and treaties. VizVibe owns the title, copyright, and other intellectual property rights in the Services. The Services are licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of VizVibe. There are no implied licenses in this EULA.
- Consent to Use of Your Feedback
You agree that VizVibe and its affiliates may collect and use technical information gathered as part of the Product support services provided to you, if any, related to the Services. VizVibe may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. All suggestions, feedback or other content submitted by you to VizVibe with respect to the Product or Services (“User Feedback”) shall be VizVibe’s property and you convey all rights to VizVibe, including copyright and moral rights, immediately upon submitting such User Feedback. You agree to relinquish all rights and claims to User Feedback. VizVibe may use, copy, modify, publish, or redistribute User Feedback for any purpose and in any way without any compensation to you. You also agree that VizVibe does not waive any rights to use similar or related ideas previously known to VizVibe, developed by its employees, or obtained from other sources.
- Use of Open Source
Certain items of software included with the Services may or may not use “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, VizVibe makes such Open Source Software, and VizVibe’s modifications to that Open Source Software, available by written request to VizVibe at the email or mailing address listed below.
- Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the Services or Product and shall continue for as long as you subscribe or use the Product, and visit any related websites, unless this EULA is terminated under this section. Without prejudice to any other rights, VizVibe may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective after 30 days written notice to VizVibe. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Services and Mobile Application(s) and you must delete all copies of the Services, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.
- Warranty Disclaimer
To the maximum extent permitted by applicable law, VizVibe and its suppliers provide the Services, App(s)-Applications and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Services, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. Also, there is no warranty or condition of title, accuracy, quite enjoyment, quiet possession, correspondence to description or non-infringement with regard to the services.
VizVibe does not guarantee any specific results from the use of the services. VizVibe makes no warranty that the services or its use will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free.
- Limitation of Liability
Nothing in this EULA and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
In no event shall VizVibe or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the services, the provision of or failure to provide support or other services, information, software, and related content through the services or otherwise arising out of the use of the product software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of VizVibe or any supplier, and even if VizVibe or any supplier has been advised of the possibility of such damages.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else) VizVibe’s total cumulative liability arising from or related to the products and services, whether in contract or tort or otherwise, shall not exceed the fees actually paid by you to VizVibe or VizVibe’s authorized reseller for the product at issue in the prior 12 months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim. VizVibe disclaims all liability of any kind of VizVibe’s licensors and suppliers.
The limitations, exclusions and disclaimers in this EULA shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
“Confidential Information” shall mean the Services and all other information disclosed to you that VizVibe characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of VizVibe. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify VizVibe in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with VizVibe in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, to the extent permitted by law and prior to such disclosure, you will (i) immediately notify VizVibe prior to such disclosure to allow VizVibe an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with VizVibe in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. For the avoidance of doubt, nothing in this Section 10 (Confidentiality) shall provide you with additional rights nor limit your obligations with respect to the use of the Services, including, but not limited to, your obligations under Section 2 (Restrictions).
- Governing Law; Venue
The courts in some countries will not apply U.S. law to some types of disputes. If you reside in one of those countries, then where U.S. law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this EULA, will be governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to conflicts of laws principles. You also agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Site or the Services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Wilkes Barre, Pennsylvania and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that VizVibe may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
Any notice to you may be provided by email to the address that you registered with VizVibe.
- Entire Agreement / Severability
This EULA represents the entire agreement between you and VizVibe with respect to the Services and its terms supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this EULA. If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
All waivers by VizVibe will be effective only if in writing. Any waiver or failure by VizVibe to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
The Services is deemed irrevocably accepted upon your use of the Services or Product. VizVibe will have no responsibility to provide maintenance or support services with respect to the Services. The parties are independent contractors, are not joint venturers or partners and have no employer-employee relationship.
You acknowledge that the Services contains valuable trade secrets and proprietary information of VizVibe, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute VizVibe, irreparable harm to VizVibe for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. You will indemnify and hold VizVibe harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this EULA. To the maximum extent permitted by applicable law, you hereby release and waive all claims against VizVibe and its suppliers from any and all claims, expenses, costs, damages or penalties of any kind arising out of or relating to the Product or Services.
The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.
Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties.
Questions or Additional Information. If you have questions regarding this EULA, please contact VizVibe at feedback.VizVibe@gmail.com