End User License Agreement regarding Wands
1.1 WANDS is a virtual reality game ("WANDS" or the "Game"). WANDS is offered by Multivrses AB ("undergoing a name change to NUX Studios AB"), a company based in Stockholm, Sweden. WANDS may be played by downloading it from Oculus VR LLC (hereinafter "commonly referred to as "NUX's Partners") and using it on the user’s device.
1.2 To play WANDS, NUX requires that the user reviews and agrees to the following terms and conditions of this End User License Agreement ("EULA").
1.3 This EULA describes the terms and conditions under which a user may use and play WANDS. NUX may amend this EULA from time to time by posting an amended version at http://www.WANDS.com/eula/. If the user accepts this EULA, the then-current version of this EULA shall apply each time the user play WANDS.
1.4 By downloading and/or playing WANDS, the user accepts the terms and conditions in the EULA. If the user does not accept the terms and conditions in the EULA, the user must not download, access or play WANDS and must discontinue its use immediately.
To play WANDS, the user must: (i) pay a fee, as charged by NUX's Partners, for the user’s copy of WANDS; (ii) download a copy of WANDS to an authorized gaming console system and (iii); comply with this EULA.
NUX does not guarantee that it will continue to support the Game indefinitely. NUX may, in its sole discretion, cease to provide any or all of the items or services offered in connection with WANDS (including patches and updates) and terminate the EULA. NUX may communicate such termination to the user upon 30 days’ notice in any of the following manners: (i) when the user logs into the user Account (ii) in a notice on NUX's website; (iii) via electronic mail; or (iv) in another manner that NUX deems suitable to inform the user of the termination. If NUX terminates the EULA pursuant to this section, the user will not be entitled to receive a refund of any Fees. __
NUX, in its sole discretion, may immediately and without notice terminate the EULA and cancel all rights granted to the user under the EULA if: (i) the user fails to pay the fee when due; (ii) NUX is unable to verify or authenticate any information the user provides; (iii) the user or anyone using accessing WANDS materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of NUX or any third party; or (iv) NUX becomes aware of gameplay that is, in NUX's discretion, inappropriate, offensive, or in violation of the rules of conduct. NUX may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach the user. _Termination by NUX under this section shall be without prejudice to or waiver of any and all of NUX's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. The user will not be entitled to receive a refund of any fees for a termination pursuant to this section. __
3.3 By the user_
The user may terminate the EULA upon notice to NUX via electronic mail. Upon termination of the EULA, the user must cease playing and/or accessing the Game immediately. Upon termination of the EULA, the user will not be entitled to receive a refund of any fees in the event of such termination. __
If an amendment alters a term of the EULA that is unacceptable to the user, the user may, as the user’s sole and exclusive remedy, terminate the EULA. The user may terminate the EULA by notifying NUX via electronic mail to email@example.com within thirty (30) days after the amended EULA was communicated to the user, provided that the user has not downloaded, accessed or played the Game during that period. The user’s notice must state that the user does not agree to the amended EULA, specifically describing the amendment(s) with which the user disagree, and that the user wishes to terminate the EULA. The user will not be entitled to receive a refund of any fees in the event of such termination. If the user downloads and/or continues to access or play the Game, the user shall be deemed to have accepted the amended EULA and waive the user’s rights to terminate under this section. __
3.4 Effects of Termination _
If for any reason the EULA is terminated, all rights granted to the user under the EULA will terminate, unless expressly reserved by applicable law. The user must discontinue the user’s use of the Game, the user may not access or play the Game, and all the acquired attributes within the game, including, but not limited to progress, will be lost. If for any reason the EULA is terminated, the user will not be entitled to compensation for the past time the user spent playing WANDS, or for any other compensation.
The user’s license to play the Game is subject to proper conduct. Without limiting NUX's rights to control the Game environment, and the conduct of the players within that environment, NUX prohibits without limitation the following practices:
a) The user may not use the user’s own or third-party software to modify any content appearing within the Game environment or change how the Game is played.
b) The user may not use the user’s own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. The user may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
c) The user may not use any information accessible through the Game, to bypass the Game architecture or create or provide any other means through which the Game may be accessed and/or the Game may be played by others, as, for example, through server emulators.
d) The user may not submit any content to any chat room or other public forum hosted by NUX that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights.
The term “User Personal Details” means information relating to the user’s personal account details (if applicable), including the user’s email address, profile name or other online identification, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such language selection, any dates the foregoing data is modified, and any other information relating to the user’s account._The term “User Gameplay Information” means any information relating to the user’s play or use of the Game, including of the user’s gameplay statistics, preferred strategies, trends, history of technical issues and support usage._User Personal Details and User Gameplay Information together constitute “User Data”._
The user acknowledges and agrees that NUX may collect and store User Gameplay Information about the user, both as an individual and aggregated with the User Gameplay Information of other users of the Game. In addition, the user acknowledges and agrees that NUX may analyze and use such User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of NUX products and services. _
5.5 The user agrees that NUX may transfer, share, and/or store the user’s User Data:
a) whether inside or outside the European Economic Area where reasonably necessary to administer, operate maintain and support the Game;
b) in particular, to the US for the purpose of managing customer support and technical issues; and
c) with suitable third parties under a binding duty of confidentiality in order for such third parties to carry out the limited activities of NUX permitted according to this Section 5.
NUX does not guarantee that User Data transmitted to NUX, including without limitation information in the user’s account and/or User Personal Details, will not be disclosed to third parties. While NUX's aim is to keep the user’s User Data confidential and NUX employs security measures to protect it, third parties may unlawfully intercept transmissions or private communications, or access data within NUX's systems. NUX may (and the user hereby expressly authorizes NUX to) disclose information about the user to private entities, law enforcement or other government officials, as NUX, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries. The user further agrees that in the event of a failure in the Game, NUX’s systems and software, NUX may provide crash dump information (which is information on the state of a computer system when a crash occurs, and may include the user’s User Data) to third parties under suitable confidentiality restrictions in order to review, analyze and provide reports on such information to determine the cause or correction of the failure.
Subject to the terms of the EULA, NUX grants the user a limited, non-exclusive, revocable license to use WANDS and its accompanying documentation solely in order to play the Game. The user may use only one copy of the Game. The user must pay for and download a separate copy of the Game for each device the user intends to use to access and play the Game on; e.g., if the user have two devices, the user must have two licensed copies of the Game. The user may make one (1) copy of the Game for backup or archival purposes. __
Any and all rights not expressly granted by NUX herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. The user may not intercept any information accessible through the Game for any purpose other than playing WANDS in accordance with the EULA. The user may not copy (except as for backup purposes as set out above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Game or any documentation accompanying the Game. The user may not transfer the Game except as permitted by the EULA. The user may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the Game, including without limitation, any part of the Game content or any item, object or character in the Game. The user may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Game, or from any information accessible through the Game (including, without limitation, data packets transmitted to and from NUX's systems over the Internet), or anything incorporated therein, or analyze, decipher, "sniff" or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the Game, whether encrypted or not, or permit any third party to do any of the same, and the user hereby expressly waive any legal rights the user may have to do so. If the Game contains license management technology, the user may not circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.__
NUX may from time to time update or otherwise modify the Game electronically, or require the user to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. The user must install such Updates before the user will be allowed to proceed to play the Game. If the user fails to install the new release when required, NUX will not be responsible in any way for the user’s inability to play WANDS, and the user shall not be entitled to receive a refund of any prepaid fees or any other form of compensation. __
The user is not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades or similar products under the EULA, but NUX may, in its sole discretion, offer any or all of the foregoing to the user. NUX may provide new releases or otherwise enhance the Game at any time, in its sole discretion, without obligation to the user. Any such new release or other enhancement of the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, NUX will require all users to migrate to new releases of the Game in order to continue to play it. If the user fails to update the Game and install the new release when required, NUX will not be responsible in any way for the user’s inability to play WANDS, and the user shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
As between the user and NUX, NUX is the sole and exclusive owner of the Game and Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. NUX reserves all rights not expressly stated herein. The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, objects and attributes comprising or associated with a character), graphics, sound effects, music, animation, video, text, content, design and other information downloaded from and accessible through the Internet when applicable (collectively, the "Game Content"). NUX, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Game and all Game Content, and no rights thereto are transferred to the user, except for the limited license granted above. The user hereby irrevocably, and without additional consideration beyond the rights granted to the user herein, assigns to NUX any and all right, title and interest the user has, including copyrights, in or to any and all information the user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information. To the extent that any such rights are not assignable, the user hereby grants NUX an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. Violation of NUX's proprietary rights is a material breach of the EULA, in the event of which NUX may terminate the EULA and take whatever additional action NUX deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of NUX's other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
The Game, all Game Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. The user assumes all risk of use and all risk associated with playing the Game. NUX disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with the user’s enjoyment of the Game. NUX does not warrant that the operation of the Game or the user’s access to the Game, or that the user’s use of the Game will be uninterrupted or error-free, or that the Game will be compatible with the user’s hardware and software. In the event of a malfunction of, or the user’s inability to use, the Game the user has downloaded, the user’s sole and exclusive remedy shall be a replacement download, and NUX shall have no liability for the faulty download. Under no circumstances shall NUX, its affiliates, NUX's Partners, licensors or suppliers be liable to the user or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with the Game, Game Content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not NUX is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose. Nothing in this EULA shall limit any party’s liability in respect of fraud, death, personal injury, or anything else in respect of which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 9 or elsewhere in the EULA are declared to be void or unenforceable, then NUX's liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
The user shall defend, indemnify and hold harmless NUX and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) the user’s use or misuse of the Game; (ii) any activities conducted with the user’s copy of the Game (whether by the user or another person); and (iii) the user’s playing of the Game.
Some users may in rare instances experience seizures when exposed to certain light patterns or flashing lights. Exposure backgrounds or to certain light patterns on a virtual reality device may induce an epileptic seizure, even for persons who have no history of prior seizures or epilepsy.
NUX may, in its sole discretion, amend the EULA from time to time by posting an amended version at http:// [URL]and/or notifying the user when the user attempts to access the Game. The user must accept the amended EULA in order to continue to play the Game. If the amendment alters a material term of the EULA that is unacceptable to the user, the user may, as the user’s sole and exclusive remedy, terminate the EULA and close the user’s Account as set out in Section 3.
14.1 The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the material laws of Sweden, without regard to its rules on conflicts of laws. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
14.2 Any dispute, controversy or claim arising out of or in connection with the Game and this EULA contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be the English language.
14.3 Notwithstanding the foregoing, NUX shall be entitled to issue legal proceedings against the user in any other competent jurisdiction. This includes without limitation that NUX shall be entitled to seek injunctive relief in any jurisdiction in which this EULA is being breached or NUX’s interests are being prejudiced. The EULA will be published in English. The EULA may be translated into one or more additional languages for convenience of the reader. If the EULA is published in any language other than English, the English language version of the EULA will be the governing agreement and shall control all interpretation thereof.
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