1. License agreement
SOFTWARE LICENSE AGREEMENT
- DEFINITIONS, TERMS AND CONDITIONS
- “Licensor” means Showtime VR Sp. z o.o., address: ul. Targowa 46/17, 03-733 Warszawa, KRS number: 0000483062, REGON number: 146944877, NIP number: 9512373269.
- “User” means an entity that downloads and uses the “Licensed Programs”.
- "Using" means to access, install, download, copy, and move other benefits of using the functionality of the Licensed Programs.
- “Licensed Programs” means the entire contents of the files (delivered via electronic) to use the application Showtime VR, that enables controlling remotely a number of virtual reality (VR) goggles and playing 360 degrees content on them.
- “Device” means a portable device, a mobile phone with VR goggles or a mobile tablet for controlling and managing VR presentations.
- Terms and conditions
- Licensor grants to User a non-exclusive, non-transferable license to use the Licensed Programs identified as Showtime VR (the "Licensed Programs"). User may use the Licensed Programs in executable format for its own use, and may not modify the Licensed Programs or incorporate them into other software. User may not, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified. This does not apply to the reseller program purchases.
- The sole owner of the Licensed Programs is the Licensor.
- The Licensed Programs can be used commercially, each User can make money on its use through: organizing shows, demonstrations, presentations, selling events etc.
- After the user's consent to the terms of this agreement become mandatory for him and the legal entity that obtained the Licensed Program or on behalf of the Licensed Programs will be used. If you do not agree to the terms of this agreement should discontinue use of the Licensed Programs.
- PROCEDURE OF PURCHASE
- The User accepts the terms and conditions of this license agreement, makes payment for Licensed Programs, downloads and installs them on his devices, receives 1 code for the controller application.
- The User receives 2 Licensed Programs: the application to control the goggles (can be installed on a maximum of 2 devices) and application player for installation on phones with goggles.
- Acceptation of the license agreement by the User is associated with consent of the price of Licensed Programs, arising from the price list.
- The price of licensed programs includes duties, bank fees and taxes.
- The Price of the licensed programs does not include costs which User may be charged for making payments by bank transfer or card payment resulting from the bank's internal regulations.
- User may make copies of the Licensed Programs in only two controller devices (does not apply to the situation of having to replace the device). Each Licensed Program is copyrighted by Licensor. User agrees to reproduce and apply the copyright notice and proprietary notice of Licensor to all copies made hereunder, in whole or in part and in any form, of Licensed Programs.
- Player application can be installed on any amount of devices (An amount of devices with an installed application player possible to connect with the controller depends on the technical parameters of controller device and quality of created wifi network).
- SOFTWARE INSTALLATION, GOGGLES
- User installs the applications according to the instructions on the device to control the goggles, after that User enters the code on the device to control the goggles (during this the device must be connected to the Internet).
- Amount of connected goggles – depends on ability of the hotspot of the control device or the wifi network used.
- Licensor shall not be liable for the wifi network hardware, configuration, set up, if the User uses his own wifi network for communication between the controller and the players. The User is solely responsible for setting up an adequate and proper network for managing the VR headsets, according to the specifications provided by the Licensor.
- PROPRIETARY RIGHTS
- User recognizes that Licensor regards the Licensed Programs as its proprietary information and as confidential trade secrets of great value. User agrees not to provide or to otherwise make available in any form the Licensed Programs, or any portion thereof, to any person other than employees of User without the prior written consent of Licensor. User further agrees to treat the Licensed Programs with at least the same degree of care with which User treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed Programs.
- The User may send playback statistics to the Licensor’s server, if the the product used by the User allows it. Only the User and the Licensor, for the reason of maintenance and improvement of the Licenced Programs, will have access to the online statistics. The User has the right to delete permanently the statistics from the online server. The Licensor is not entitled to share or disclose the statistics to any third party. The Licensor is entitled to receive „error logs” from the operation of the Licensed Programs for the reason of maintenance and improvement of the software.
- TERMINATION CERTIFICATE
- MAINTENANCE SUPPORT
- Licensor will create a helpdesk for User to report any problem in the operation of the Licensed Programs. User shall report any issues related to the activities of the program to the help desk.
- Licensor will provide to User the following support with respect to the Licensed Programs:
- If during the 1st year of this Agreement, User reports Licensor of a substantial program error respecting the software, or Licensor has reason to believe that error exists in the software and so notifies User, Licensor shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of report. If User is not satisfied with the correction, then User may terminate this Agreement, but without refund of any amount paid to Licensor or release of any amounts due Licensor at the time of termination.
- In the case that User has technical questions in the use of the software during the 1st year of this Agreement, User may submit those questions to Licensor by help desk. Licensor shall provide consulting to answer such questions without charge to User up to a maximum of 5 working days for each licensed program.
- If User wants to continue the Licensed Programs support specified in this section, User shall pay to Licensor the maintenance fee(s) according to the price list.
- In case of change of control device necessary contact to the help-desk.
- Licensor provides to User updates and improvements of the Licensed Programs, both free and paid.
- User is obliged to updates Licensed Programs for free, to ensure its proper functioning.
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- Licensor’s liability to User under any provisions of this agreement for damages finally awarded shall be limited to the amounts actually paid hereunder by User to Licensor. In no event shall Licensor be liable for indirect, incidental, special, or consequential damages, including loss of use, loss of profits or interruption of business, however caused or on any theory of liability;
- Licensor shall not be liable for the health consequences of using VR goggles (contraindications health - epilepsy, children under 13 years of age, balance disorders, and the others indicated in health & safety warnings and regulations of the VR goggles producers);
- Licensor shall not be liable for the failure of proper works of the application: during use, during the event, show, presentation, particularly in the case of hardware problems.
- Licensor shall not be liable for the application, if the equipment of User does not meet the specified by Licensor minimum hardware requirements and system.
- Licensed Programs supports file formats resulting from manual. The Licensor is not responsible if User will try to play files in other formats and use Licensed Programs in breach of owner's manual.
- Licensor shall not be liable for copyrights and licenses of any content, both obtained online and offline, presented by the User when using the Licensed Programs. The User is solely responsible for obtaining appropriate licenses to use and present particular content.
- ENTIRE AGREEMENT
- User agrees to provide to the public the message that User bought Licensed Programs. User will be informed about content of this message before giving to the public.
- This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters.
- Any questions relating to this agreement or requests for additional information should be reported to the help desk at the address email@example.com.
- All amendments to the contract must be in writing to be valid.
- Any dispute arising from this agreement, shall be solved in an amicable manner. In case of impossibility of an amicable settlement, appropriate for the consideration of the court will be the court competent for Licensor seat, and the applicable law will be the Polish law.
The original and any copies of the Licensed Programs, made by User, including translations, compilations, partial copies, modifications, and updates, are the property of Licensor.
The license granted hereunder shall continue according to the term of a given product or unless and until terminated pursuant to section 9 of this agreement.
Licensor may terminate this Agreement in forthwith if User is in default of any of the terms and conditions of this Agreement and fails to correct such default within ten (14) days after written notice thereof from Licensor.
In the event of termination, User will immediately discontinue use of the Licensed Programs. Within one week after termination of this Agreement, User will furnish to Licensor a statement which confirms with respect to each of the Licensed Programs that, through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and in any form, of each of the Licensed Programs have been removed. The provisions of Sections 6, 7, 10, 12, and 13 hereof shall survive any termination of this Agreement.
Licensor license, and User accepts, the licensed programs “Showtime VR”. Licensor provides no warranties as to the function or use of the licensed programs. The entire risk as to the quality and performance of the licensed program is with user. Licensor does not warrant that the functions contained in the licensed programs will meet user's requirements or that the operation of the licensed programs will be uninterrupted or error free.
All notices in connection with this Agreement shall be in writing and may be given by mail or personally delivered at the address set forth on the front page. For purposes of this Agreement, a notice shall be deemed effective upon personal delivery to the party or if by mail after proper deposit in a mail box.
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by User without the prior written consent of Licensor.