UNIVRSE License Agreement
(Last modified: August, 2019)
This Univrse Software License Agreement (“Agreement”) sets forth the legal agreement between Antiloop Studio, S.L. (“Antiloop” or “Us”) and you (“User” or “You”) with respect to Univrse, a framework for Unity3D to create large scale multi-user VR applications (“Univrse” or“Software”).
The following Software are offered (i) Framework: to build a location based VR app which allows you to track and customize Users’ clients, load different content and add behaviours and (ii)
Player: an intuitive and clear interface to load 3D models, track users and easily manage the current state of your immersive presentation, design review session, virtual demo or sales tool.
Further information regarding the Software can be viewed at: https://univr.se
By using or downloading the Software, You are agreeing to the terms and conditions of this Agreement and entering into a binding contract with Antiloop.
1. Grant of License
Testing the demo version is and remains absolutely free of charge.
Subject to payment of the applicable fees and the limitations and restrictions set forth in this Agreement, Antiloop grants You a personal, non-exclusive, non-transferable license, without right to sublicense, to install, access or use the Software on a single computer or device owned by You.
The Software is licensed, not sold. Except for the license rights granted above, Antiloop retains all right, title and interest in and to the Software, including all intellectual property rights therein.
The Software is protected by applicable intellectual property laws.
2. License restrictions
You represent and warrant that You are of legal age to form a binding contract with Us, have read this Agreement, and agree to be legally bound by this Agreement.
You will not, and will not attempt to, or assist or permit any third party to:
(i) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Software;
(ii) assign, sublicense, distribute, rent, lease, grant a security interest in, or otherwise transfer
any rights to the Software;
(iii) modify, translate, or create derivative works, adaptations or compilations of, or based on,
the Software or part thereof;
(iv) use, copy or reproduce the Software or any part thereof other than as expressly permitted in the Agreement;
(v) remove any proprietary notices or labels on or in any part of the Software;
(vi) use the Software for any illegal purpose or in violation of any local, state, national, or
(vii) obtain, attempt to obtain, or redistribute any data, materials or information available
through the Software or related services through any means not intentionally made
available by Univrse, including by any form of automated access, scraping, or similar
(viii) You may not export or re-export the Software without (i) obtaining the prior written
consent of Univrse; and (ii) complying with applicable export control laws and obtaining
any necessary permits and licenses;
(ix) interfere with security-related features of the Software, including by disabling or
circumventing any such features; or
(x) upload or otherwise disseminate any virus, adware, spyware, worm, or other malicious
code through the Software.
3. License Fee
Testing the demo version is and remains absolutely free of charge. The demo version incorporated a watermark.
You shall pay, as consideration for the License, the license fees for the time period and for the category of Software [Framework / Player] chosen set forth in Exhibit linked here and incorporated by reference into this Agreement.
Antiloop uses a third party payment processor and billing provider (Stripe) and are subject to https://stripe.com/es/legal which includes the Stripe Terms of Services. User agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
By submitting an order or pre-order, User acknowledges that You are authorized to use the designated payment method and You authorize us to charge your order to that payment method.
When You provide your payment information, You authorize us (or a third party payment processor) to process and store your payment and related information.
All payments provided for in the Agreement must be made in full and without being reduced by reason of any set-off of balances or counterclaim, except for any legally required deductions and withholdings.
4. License Key and term
After purchasing the License, We will provide You with the license key (“Key”) to remove the watermark from the Software. It can take up to 24 hours until an applied Key has been generated. You must be contacted for earlier activation in urgent cases.
You are responsible for maintaining the confidentiality and security of the Key and may not disclose your credentials to any third party. You must immediately notify Antiloop if You know or have any reason to suspect that your Key has been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use the Software. You are liable for any and all activities conducted through your account, unless such activities are not authorized by You and You are not otherwise negligent (such as failing to report the unauthorized use or loss of the Key).
The term of the use right for the License depends on the Software acquired by the User (“Term”). The Term shall begin upon the User’s receipt of the Key.
The Term of the Agreement and the use right for the License shall be automatically renewed in each case by the initial license term agreed, unless it is terminated with a period of notification of […] days to the expiry of term or the renew License fee is not paid.
The License granted herein will automatically terminate, with or without notice from Antiloop, if You breach any term of this Agreement, and in such event, Antiloop shall have no obligation to make any refund to You.
5. User warranty and indemnity regarding third party intellectual property
You represent and warrant that You have all necessary right, title, and interest to operate the Software, including all necessary rights to any third party or other software which You use in connection with your operation of the Software, without infringing third party intellectual property rights.
You agree to indemnify, defend, and hold harmless Antiloop and its successors, officers, directors, agents, and employees from and against any and all actions, causes of action, claims, demands, costs, liabilities, expenses, judgments, proceedings, and damages (including attorney fees) arising from your actual or alleged breach of the warranty in this section or failure to comply with any other term of this Agreement.
6. Limitation of liability
The Software, as well as any steam data provided along with the software, is provided “as is” and Antiloop makes no representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever. To the maximum extent permitted by law, Antiloop hereby expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and non-infringement. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the warranty periods stated in this agreement. Antiloop does not warrant against interference with the enjoyment of the Software or any computer or device on which software has been loaded, that any of the foregoing is error-free or that its operation will be uninterrupted. Antiloop is not responsible for damage that occurs as a result of any failure to follow the instructions that came
with the Software. Antiloop exercises no control over and expressly disclaims any liability arising out of or based upon your use of the Software. You will not have the right to make or pass on any representation or warranty on behalf of Antiloop to any third party.
Under no circumstances will Antiloop be liable for any consequential, special, indirect, incidental or punitive damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, or other such pecuniary loss) arising out of the use or inability to use the software, or the device used to access the software, even if Antiloop has been advised of the possibility of such damages. in no event shall Antiloop’s aggregate liability for damages arising out of this Agreement exceed the fees paid by You for the Software.
Antiloop may modify this Agreement from time to time, and changes will be effective upon posting to the Univrse website at https://univr.se/ for inclusion in the Software.
You agree to be bound by any modification of this Agreement when you use the Software, effective after its posting to the Website or via the Software. It is therefore your responsibility to review this Agreement periodically to ensure that You stay abreast of any changes. For material changes, Antiloop may require You before User can use any update to the Software.
8. Updates/new versions of the Software
The Software may automatically download and install updates from time to time, which are aimed to enhance the Software, and which can be in the form of patches, additional modules and fully new versions of the Software. The User is hereby notified and agrees that the Software may update automatically, which includes requesting, downloading and installing updates for the Software onto the User’s device(s) with no further notice, unless the update/new version of the Software is accompanied by other license Agreement.
Certain of the product and Univrse names used in this Agreement, the Software and the documentation may constitute trademarks of Antiloop or third parties. You are not authorized to use any such trademarks.
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by Licensee without the prior written consent of Antiloop.
11. Data protection
Antiloop collects, processes and uses personal data for the purpose of the performance of the Agreement. The following (personal) data shall be collected, processed and used in this regard: name, address, e-mail address and, if applicable, contact data of the contact person, Key, etc.
12. Applicable law. Jurisdiction
The Agreement shall be governed by and interpreted under the laws generally applicable in Spain and the rules on conflict of laws shall not apply.
The Parties expressly waive any other jurisdiction to which they may be legally entitled, and
expressly submit the resolution of any issues, discrepancies, disputes or claims arising over the execution, interpretation or performance of the Agreement, including those relating to any noncontractual obligations arising from or related to it, to the jurisdiction of the courts and tribunals of the city of Barcelona.
Should You have any questions concerning this Agreement, or if You desire to contact Antiloop for any reason, please contact our tech support: email@example.com.