CONTENT END USER LICENSE AGREEMENT

 

Date of Last Revision: 20th July 2016

 

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) BEFORE PURCHASING, DOWNLOADING OR INSTALLING OUR VIRTUAL REALITY DRAMATIC PLAY “CTRL” AND/OR ANY OTHER CONTENT THAT WE RELEASE FROM TIME TO TIME (collectively, the “Content”). IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL THE CONTENT.

 

The Content is made up of copyright works of Breaking Fourth Limited (“Breaking Fourth”) or its licensors. Use of the Content is governed by the terms of this EULA. Any use, reproduction or redistribution of the Content not in accordance with the terms of this EULA is expressly prohibited. Reference to the Content in this EULA shall include any online service which is made available through it, where and to the fullest extent that the content permits.

 

1. LIMITED USE LICENSE.

Breaking Fourth grants (and by installing or using the Content you accept) a limited, non-exclusive right and license to install and use one (1) copy of each of the Content for your personal, non-commercial use on a single computer or device (which may include, without limitation, compatible virtual reality (VR) equipment and other peripherals) subject to the terms of this EULA.

2. END USER RIGHTS AND OBLIGATIONS.

2.1 The Content is licensed to you as a single product. Its component parts may not be separated for use on more than one computer/device and/or VR platform.

2.2 You may not, except as expressly provided by this EULA:

  • sell, distribute or otherwise transfer copies or reproductions of the Content to any third party in any way;

  • in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Content, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of Breaking Fourth on creation;

  • remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Content;

  • exploit the Content or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;

  • use the Content for any illegal or immoral purposes;

  • export or re-export the Content or any copy or adaptation in violation of any applicable laws or regulations;

  • otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Content or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.

2.3 Breaking Fourth may from time to time provide updates to the Content which you may be required to apply before you can continue making full use of it. You agree that Breaking Fourth may deliver such updates remotely and that you will apply such updates.

3. OWNERSHIP.

The Content is licensed, not sold. Your license confers no title or ownership in the Content. All right, title, interest and ownership rights in the Content and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Content and each part thereof are owned by, belong to and vest in Breaking Fourth or its licensors. The Content is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Content may contain certain licensed materials and Breaking Fourth’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.

4. TERMINATION.

The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you must immediately destroy and erase the Content and all and any copies in your possession or control and stored on any media whatsoever and on Breaking Fourth’s request certify that you have done so. You may terminate this EULA at any time by deleting and removing the Content from your personal computer/device.

 

5. LIABILITY

5.1 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF BREAKING FOURTH OR ITS LICENSORS.

5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • YOU INSTALL AND USE THE CONTENT AT YOUR OWN RISK;

  • THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;

  • BREAKING FOURTH AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;

  • BREAKING FOURTH AND ITS LICENSORS EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;

  • BREAKING FOURTH AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE CONTENT, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;

  • BREAKING FOURTH AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE CONTENT HAS BEEN MODIFIED IN ANY MANNER (NOT BY BREAKING FOURTH OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF BREAKING FOURTH AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE CONTENT.

5.3 You agree to indemnify, defend and hold Breaking Fourth and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Content or use otherwise than in accordance with the terms of this EULA. Breaking Fourth’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

5.4 YOU SHOULD BACK-UP TO ANOTHER SECURE LOCATION, ON A REGULAR BASIS, ANY DATA FILES CONCERNING YOUR USE OF THE CONTENT AS BREAKING FOURTH HAS NO LIABILITY FOR LOST OR CORRUPTED DATA.

 

6. SEVERABILITY

In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.

 

7. APPLICABLE LAW.

To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Content and this EULA are subject to the laws of England and Wales.

 

8. OPERATING SYSTEM REQUIREMENTS

8.1 The Content, including without limitation CTRL, has been developed for use on the following VR platforms (hereafter referred to as the "Platforms"):

  • Samsung Gear VR;

  • Oculus Rift;

  • HTC Vive; and

  • Google Cardboard (via a compatible Android or iOS device).

8.2 Before you purchase, install and view the Content, please ensure that your computer, and/or device:

  • has sufficient memory to play and store the Content and otherwise meets such other system requirements as are specified by Breaking Fourth in connection with the Content;

  • has Internet access; and

  • is compatible with the applicable Platform.

 

9. HEALTH AND SAFETY AND PRECAUTIONS

The Content, including without limitation CTRL, may contain flashing lights, realistic images and simulations. Please consult the relevant health and safety precautions, and operating instructions, for the applicable Platform before downloading, installing, and playing the Content on the Platforms.

 

PLEASE READ THIS NOTICE BEFORE YOU VIEW THE CONTENT

Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when using VR equipment and viewing VR content. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering viewing the Content, including without limitation our VR play CTRL, suffers in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before viewing the Content. If you or they are already viewing the Content please stop and consult a doctor.

 

If you or any part of you feels tired, fatigue or discomfort whilst playing games please stop and rest.  If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.

 

PLEASE FOLLOW THESE PRECAUTIONS WHENEVER VIEWING THE CONTENT:

PLEASE DO:

  • ALWAYS READ THE RELEVANT HEALTH AND SAFETY INFORMATION AND OPERATING INSTRUCTIONS FOR THE APPLICABLE PLATFORM BEFORE VIEWING THE CONTENT AND BEFORE USING VR EQUIPMENT;

  • Only use the Platforms, VR equipment (including VR headsets and sensors), and view the Content in a safe environment; and

  • Be aware of your surroundings before using the Platforms, VR equipment, and viewing the Content.

 

PLEASE DO NOT:

  • use a VR headset and/or VR hardware, the Platforms, or view the Content if you are sick, sleep, or feel tired, fatigue or discomfort, under the influence of alcohol or drugs, or hung-over;

  • use the Platforms, VR equipment and/or view the Content while in a moving vehicle such as a car, bus, or train;

  • use VR hardware for too long at any one time, please follow all guidance applicable to or accompanying the Platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.

 

NOTICE TO PARENTS AND CARERS:

The Platforms may be accompanied by information and guidance regarding the use of that Platform by children. Some Platforms recommend that children under 13 years of age avoid using VR equipment or playing games that use VR equipment. Please consult the terms of use, operating instructions, and health and safety precautions for the relevant Platform before allowing your child to use the Platforms and/or use VR equipment.

 

THE CONTENT, INCLUDING CTRL, CONTAINS AGE APPROPRIATE CONTENT AND ITS CONTENTS MAY NOT BE SUITABLE FOR CHILDREN UNDER 18 YEARS OF AGE. PLEASE CHECK THE RELEVANT AGE RATING BEFORE YOU PURCHASE, INSTALL AND VIEW THE CONTENT.

 

Please observe children whilst use the Platforms, and/or VR equipment. Please ensure that you and they following the precautions described above and in the health and safety warnings for the relevant Platform. If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.

 

Prolonged use of the Platforms and VR equipment should be avoided. Please ensure that children take regular breaks from using VR equipment, and monitor children closely during and after use of VR equipment for any negative effects.

 

© 2016 Breaking Fourth Limited.