True Blades EULA
True Blades End-User License Agreement ("Agreement")
Last updated: May 06, 2017
PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE INSTALLING OR USING TRUE BLADES ("SOFTWARE").
BY CLICKING THE "I AGREE" BUTTON, DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND GAMERIZON STUDIO INC., LOCATED AT 3981 ST-LAURENT BLVD. , OFFICE 600, IN MONTREAL, QUEBEC, CANADA (“GAMERIZON”) AND IT GOVERNS YOUR USE OF THE SOFTWARE MADE AVAILABLE TO YOU BY GAMERIZON. YOUR USE OF THE SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Software.
The Software is licensed, not sold, to you by Gamerizon for use strictly in accordance with the terms of this Agreement.
Gamerizon grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.
- copy or use the Software for any purpose other than as permitted under the above section 'License'.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Software.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Gamerizon or its affiliates, partners, suppliers or the licensors of the Software.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Gamerizon with respect to the Software shall remain the sole and exclusive property of Gamerizon.
Gamerizon shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Software
Gamerizon reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
Updates to Software
Gamerizon may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Software. You agree that Gamerizon has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Software, and (ii) subject to the terms and conditions of this Agreement.
The Software may display, include or make available third-party content (including data, information, Softwares and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Gamerizon shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Gamerizon does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
The Software is licensed, not sold to you by Gamerizon and Gamerizon reserves any rights not expressly granted to you. All rights, title and interests in the Software, including without limitation all patent rights, copyrights and other intellectual property rights hereto, is retained by Gamerizon and its licensors.
Term and Termination
This Agreement shall remain in effect until terminated by you or Gamerizon.
Gamerizon may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Gamerizon, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software from your mobile device or from your computer.
Termination of this Agreement will not limit any of Gamerizon's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Gamerizon and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
YOU AGREE THAT YOU SHALL ABIDE BY THE SAFETY GUIDE OR OTHER RELEVANT NOTICES PROVIDED BY YOUR VIRTUAL REALITY HARDWARE MANUFACTURER AT ALL TIMES DURING YOUR USE OF THE GAME SOFTWARE. You acknowledge that you have located, read and understood your Virtual Reality Hardware Manufacturer's guidelines. If you are using the HTC Vive, this safety information includes HTC's Safety and Regulatory Guide for the Vive.
While using the Software you could people, pets and objects near you in danger. While you use the Software, you accept to be responsible for your safety and your surrounding safety, and accept all risks associated with the use of the Software.
While using the Software, you will be moving and swinging your hands a lot. Stay aware of the position of your headset and cables at all time and stop playing and adjust the equipment when necessary. Also make sure that your surrounding is aware of the play area that your are using and put the necessary warnings so that they do not enter the play are while you use the Software. We strongly recommend that you play with the supervision of someone that can warn you and your surrounding against any safety hazards that may arise.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE USE OF THE SOFTWARE ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE SOFTWARE, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR USE OF THE GAME SOFTWARE, INCLUDING DUE TO YOUR OWN OR OTHER'S NEGLIGENCE. NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO YOU, OF USING THE SOFTWARE.
The Software is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Gamerizon, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Gamerizon provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, Softwares, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Gamerizon nor any Gamerizon's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of Gamerizon are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Gamerizon and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software.
To the maximum extent permitted by applicable law, in no event shall Gamerizon or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if Gamerizon or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
Gamerizon reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 60 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
The laws of Quebec, Canada, excluding its conflicts of law rules, shall govern this Agreement and your use of the Software. Your use of the Software may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and Gamerizon regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and Gamerizon.
You may be subject to additional terms and conditions that apply when you use or purchase other Gamerizon's services, which Gamerizon will provide to you at the time of such use or purchase.