PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE APPLICATION (DEFINED BELOW). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 3DV ("LICENSOR"). BY ACCEPTING THIS AGREEMENT OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.
- DEFINITIONS
- "Application" means the virtual reality viewing application offered by 3DV, including any updates, upgrades, or new versions provided to you by the Licensor, as well as any content available through such applications or accompanying documentation.
- "Licensor" refers to 3DV, Patriciërslaan 72, 3824 CD Amersfoort, The Netherlands. Dutch Chamber of Commerce number: 08090185, DUNS number: 405150934
- "Licensee" refers to the individual or legal entity accepting this EULA and granted a license to use the Application.
- "Execute" means to load, install, and run the Application to benefit from its functionality as designed by the Licensor.
- LICENSE GRANT
Subject to your compliance with the terms and conditions of this EULA, the Licensor grants you a personal, limited, non-exclusive, non-transferable, and revocable license to Execute the Application on any device you own or control, solely for your personal and non-commercial purposes.
- LICENSE RESTRICTIONS
Except as expressly permitted under this EULA, you agree not to:
(a) Copy, modify, or distribute the Application, including adding new features or altering its functionality; (b) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application, except to the extent such activities are expressly permitted by applicable law; (c) Rent, lease, sublicense, transfer, or assign your rights under this EULA to any third party; (d) Use the Application for commercial purposes or make its functionality available to multiple users via network or file-sharing services; or (e) Use the Application to infringe or misappropriate any third party’s intellectual property rights.
- OWNERSHIP
The Application is licensed, not sold. All rights, title, and interest in and to the Application, including all intellectual property rights, remain with the Licensor. You acknowledge that the Application contains proprietary and confidential information protected by applicable laws.
- HEALTH AND SAFETY NOTICE
Using the Application may produce an immersive virtual reality experience, which can cause reactions such as simulation sickness, nausea, eye strain, or disorientation. If you experience any of these symptoms, stop using the Application immediately. Do not drive or operate machinery until you have recovered. The Application is not recommended for children without adult supervision. Please read and follow all safety warnings provided with your virtual reality equipment.
- PRIVACY
Your use of the Application is subject to the Licensor’s Privacy Policy, which can be found at http://www.vrtourviewer/privacy. By using the Application, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.
- UPDATES AND UPGRADES
The Licensor may, at its sole discretion, provide updates or upgrades to the Application. Any updates or upgrades provided will be considered part of the Application and subject to the terms of this EULA. The Licensor has no obligation to provide updates, upgrades, or support services.
- TERM AND TERMINATION
This EULA is effective until terminated. You may terminate this agreement at any time by uninstalling and destroying all copies of the Application in your possession. The Licensor may terminate this EULA immediately if you breach any term. Upon termination, you must cease all use of the Application and destroy all copies.
- DISCLAIMER OF WARRANTIES
THE APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE APPLICATION.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSOR’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICATION, OR €50 IF THE APPLICATION WAS PROVIDED FREE OF CHARGE.
- COMPLIANCE WITH LAWS
You agree to comply with all applicable laws and regulations when using the Application, including export control laws.
- GOVERNING LAW
This EULA will be governed by and construed in accordance with Dutch law, without regard to its conflict of laws principles. Any disputes arising from this EULA shall be subject to the exclusive jurisdiction of the courts in the Netherlands.
- CONTACT INFORMATION
If you have any questions about this EULA, please contact 3DV at info@3dv.nl.
By clicking “I accept” or by downloading, installing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by this EULA.