This End User License Agreement (“Agreement”) is a legally binding agreement between you and MyDream Interactive, Inc. (“MyDream”) that governs the warranty and licensing terms for VR Toolbox, a program by MyDream that allows you to view and interact with two-dimensional software and movies in a virtual reality emulator (“Software”).
1. Grant of License.The Software is licensed, not sold. Subject to payment of the applicable fees and the limitations and restrictions set forth herein, MyDream grants you a perpetual, non-exclusive, non-transferable license, without right to sublicense, to install, access or use theSoftware on a single computer or device owned by you.
2. License Restrictions.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 international law; (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 MyDream, including by any form of automated access, scraping, or similar process; (viii) interfere with security-related featuresof the Software, including by disabling or circumventing any such features; or (ix) upload or otherwise disseminate any virus, adware, spyware, worm, or other malicious code through the Software.
3. Ownership.The license granted hereunder does not constitute a transfer or sale of MyDream’s ownership rights in or to the Software. Except for the license rights granted above, MyDream 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 including United States copyright laws and international treaties.
4. Privacy.Your use of the Software is subject to the MyDream Interactive Privacy, located here, and updated from time to time.
5. Termination.This Agreement shall be effective upon your receipt of the Software and shall terminate upon the earlier of: (i) your failure to comply with any term of this Agreement; or (ii) return, destruction or deletion of all copies of the Software in your possession. Upon termination of this Agreement by MyDream, you shall certify in writing to MyDream that all copies of the Software, or any portion thereof, have either been returned to MyDream or otherwise destroyed or deleted. The following provisions shall survive any expiration or termination of this Agreement: Sections 2, 3, 5, 8, 10, 11 and 12.
6. 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 games 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 MyDream 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.
7. Disclaimer.THE SOFTWARE, AS WELL AS ANY STEAM DATA PROVIDED ALONG WITH THE SOFTWARE, IS PROVIDED “AS IS” AND MYDREAM 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, MYDREAM 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. MYDREAM 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. MYDREAM IS NOT RESPONSIBLE FOR DAMAGE THAT OCCURS AS A RESULT OF ANY FAILURE TO FOLLOW THE INSTRUCTIONS THAT CAME WITH THE SOFTWARE. MYDREAM 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 MYDREAM TO ANY THIRD PARTY. SINCE SOME STATES AND JURISDICTIONS DO NOT ALLOW ALL OF THE WARRANTY DISCLAIMERS SET FORTH HEREIN, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.UNDER NO CIRCUMSTANCES WILL MYDREAM 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 MYDREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MYDREAM’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE.
9. Modifications.MyDream may modify this Agreement from time to time, and changes will be effective upon posting to the MyDream website at vr-toolbox.com (the “Website”) or 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, MyDream may require you before you can use any update to the Software.
10. Trademarks.Certain of the product and MyDream names used in this Agreement, the Software and the documentation may constitute trademarks of MyDream or third parties. You are not authorized to use any such trademarks.
11. Export Restrictions.You may not export or re-export the Software without (i) obtaining the prior written consent of MyDream; and (ii) complying with applicable export control laws and obtaining any necessary permits and licenses.
12. General.This Agreement is governed by the laws of the State of California, without reference to its conflict of laws principles. Any dispute between you and MyDream regarding this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located within the Northern District of California in connection with any action arising under this Agreement. This Agreement is the entire agreement between you and MyDream relating to the subject matter hereof and supersedes all prior discussions, proposals and understandings between the parties. This Agreement, and the terms and conditions herein, may not be modified, amended, altered, or deleted unless agreed to by an officer of MyDream in writing. Neither party may assign its rights or obligations under this Agreement without the other party's prior written consent, except that either party may assign this Agreement and all of its rights and obligations hereunder without the other party's consent to an entity that acquires all or substantially all of the business or assets of the assigning party to which this Agreement relates, in each case whether by merger, sale of assets, or otherwise, provided that such entity assumes all of the obligations of the assigning party under this Agreement. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. MyDream’ failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.
13. Questions.Should you have any questions concerning this Agreement, or if you desire tocontact MyDream for any reason, please contact MyDream at (650) 209-0995; 555 Bryant Street, Palo Alto, California 94301; or contact via email: email@example.com