VR Terms and conditions

END USER LICENSE AGREEMENT NICEBERG STUDIOS

YOU MAY NOT USE NICEBERG STUDIOS PROVIDED SOFTWARE UNLESS YOU AGREE TO THESE PROVISIONS.
PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT.

1. Introduction
The End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Niceberg Studios, the Producer/Licensor of “The Great Wall” (“the Software”) which may include associated media, printed materials and online or electronic documentation.

By installing, copying or otherwise using the Software you agree to be bounded by the terms of this EULA.  If you do not accept the terms of this Agreement, do not install or use the Application.

2. Definitions
- ‘The Company’ shall refer to the Producer/Licensor Niceberg Studios NV located at C-Mine 12, B-3600 Genk, Belgium;
- ‘You’ or ‘Licensee’ shall mean the individual or entity that downloads and uses the Software;
- ‘The Software’ or ‘The Application’ shall mean “The Great Wall”, the deliverables provided pursuant to this End-User License Agreement.

3. Grant of License
Subject to the terms of this EULA, Niceberg Studios hereby grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Software on a single Mobile Device owned and controlled by you for personal, non-commercial purposes.

4. Title and ownership
The Software Product is licensed, not sold , to you by Niceberg Studios.
Niceberg Studios reserves all 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 thereto is retained by Niceberg Studios.

5. Restrictions on Use
Licensee shall use the Software strictly in accordance with the terms of the EULA and shall not
a. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
b. Make any modification, adaption, improvement, enhancement, translation or derivative work from the Application;
c. Violate any applicable laws, rules or regulations in connection with Licensee’s access or use of the Application;
d. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company;
e. Use of the Application for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended;
f. Make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time;
g. Use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Niceberg Studios;
h. Use the Application to send automated queries to any website or to send any unsolicited commercial e-mail;
i. Or use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

6. Limitations of liability
Under no circumstances shall Niceberg Studios or its Affiliates, partners and Suppliers be liable for any indirect, incidental, consequential, special or exemplary damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer failure or malfunction and to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damage from any causes of action arising out or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the damages were foreseeable and whether or not Niceberg, its Affiliates, Partners and Suppliers have been advised of the possibility of such damages.

Because some States/Countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal state or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.

In no event shall Niceberg Studios’ or its Affiliates, partners and Suppliers’ liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software or three euros ninety-nine cents (3,99 EUR).

7. Disclaimer of Warranties
YOU EXPRESSLY AKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR OWN RISK TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE APPLICATION IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. NICEBERG STUDIOS, ITS AFFILIATES, PARTNERS AND SUPPLIERS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, GUARANTEES, CONDITIONS, WARRANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGEMENT.  FURTHERMORE NICEBERG STUDIOS, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT (1) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (2) THAT THE APPLICATION WILL BE UNINTERRUPTED, ACCURATE, RELIABLE OR ERROR-FREE; (3) THAT THE DEFECTS WILL BE CORRECTED OR (4) THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE APPLICATION TO ACHIEVE YOUR INTENDED RESULTS.

8. Indemnification
You are solely responsible for any damage caused to Niceberg Studios, its Affiliates, Partners, Service providers, subcontractors and other users of the product or any other individual or legal entity as a result of your violation of this EULA.
YOU WILL, AT YOUR OWN EXPENSE, INDEMNIFY AND HOLD NICEBERG STUDIOS AND ITS AFFILIATES, THEIR LICENSORS, PARTNERS AND SERVICE PROVIDERS, SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DAMAGES AND ALL COSTS (INCLUDING REASONABLE LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Niceberg Studios reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which you agreed to indemnify Niceberg Studios.

9. Term and Termination.
Niceberg Studios may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice.  Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by the Company.  Upon termination of this License, you shall cease all use of the Application and uninstall the Application.

10. Severability
This Agreement shall be deemed severable; the invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of this Agreement or of any other term hereof, which shall remain in full force and effect.

11. Governing law
All claims and disputes, arising under or relating to this Agreement, including without limitation, the validity, interpretation, performance and breach hereof shall be finally settled at Niceberg Studios sole discretion (1) at your domicile’s competent courts; (2) by arbitration under the CEPANI Rules of Arbitration by an arbitrator appointed in accordance with those Rules and selected by mutual agreement of the Parties. The arbitration shall be conducted in Brussels (Belgium) in English on a confidential basis. The applicable rules of law are Belgian.