EULA - Time Transit VR

END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

Time Transit VR uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2019, Epic Games, Inc. All rights reserved.

1. LICENSE

By receiving, opening the file package, and/or using Time Transit VR (“Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Freetime Studio your use of Time Transit VR indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Freetime Studio grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Time Transit VR in accordance with this Agreement and any other written agreement with Freetime Studio. Freetime Studio does not transfer the title of Time Transit VR to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Freetime Studio and the purchasers or users of Time Transit VR.

If you do not agree to be bound by this agreement, remove Time Transit VR from your computer now and, if applicable, promptly return to Freetime Studio by mail any copies of Time Transit VR and related documentation and packaging in your possession.

2. DISTRIBUTION

Time Transit VR and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of Time Transit VR contact Freetime Studio.

3. USER AGREEMENT

3.1 Use

Your license to use Time Transit VR is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Time Transit VR.

3.2 Use Restrictions

You shall use Time Transit VR in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Time Transit VR together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Time Transit VR may be used on one single computer location by one user. Use of Time Transit VR means that you have loaded, installed, or run Time Transit VR on a computer or similar device.

The assignment, sublicense, networking, sale, or distribution of copies of Time Transit VR are strictly forbidden without the prior written consent of Freetime Studio. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Time Transit VR. If any person other than yourself uses Time Transit VR registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Time Transit VR. Nor can you create any derivative works or other works that are based upon or derived from Time Transit VR in whole or in part.

Freetime Studio’s name, logo and graphics file that represents Time Transit VR shall not be used in any way to promote products developed with Time Transit VR . Freetime Studio retains sole and exclusive ownership of all right, title and interest in and to Time Transit VR and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Time Transit VR, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Freetime Studio.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Freetime Studio , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Freetime Studio’s Software.

In no event (including, without limitation, in the event of negligence) will Freetime Studio , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, injury, loss of life, damages, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Time Transit VR or the use or inability to use Time Transit VR or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

To the maximum extent permitted by applicable law, neither Freetime Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Freetime Studio’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Freetime Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Freetime Studio’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Freetime Studio’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Freetime Studio, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Freetime Studio, Epic, Epic’s licensors, its and their affiliates, and any of Freetime Studio’s or Epic’s service providers shall be limited to the full extent permitted by law.

3.5 Warranties

Except as expressly stated in writing, Freetime Studio makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

Time Transit VR includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Freetime Studio, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Freetime Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Time Transit VR, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Time Transit VR, or will not revoke approval of this Time Transit VR for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Freetime Studio and Epic. Freetime Studio, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

3.6 Governing Law

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Time Transit VR and destroy all copies of Time Transit VR supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Time Transit VR AS WELL.

5. AMENDMENTS AND SOFTWARE UPDATES
Freetime Studio may add or modify terms and conditions at any time. Freetime Studio may also provide updates, upgrades and/or changes to any aspect of the Software at any time. You may elect by written notice to Licensor within five (5) days of the changed terms or changed Software to terminate this EULA and Your use of the Software. Your continued use of the Software following any such change to the Software or the EULA will be deemed acceptance of the change.

6. USER GENERATED CONTENT
Any content that you create or make available through the
Game or services related to the Game, including chat posts, replays, screenshots and other game customization is considered user generated content, (“UGC”).

If you post, upload or otherwise share any UGC, you grant us the free right to use your UGC as outlined below. We do not need further permission and no form of compensation is necessary.

You hereby grant to Freetime Studio a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, perpetual, transferable, and sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, store the UGC, and create derivative works in any form, format or medium of any kind now known or later developed.

You waive all moral rights you might have with respect to any UGC provided to Freetime Studio, but we do credit creators of UGC in accordance with industry standard.

You may not create, generate, or make available through the Game any UGC to which you do not have the right to grant us such license. In addition, you may not create, generate, or make available through the Game any UGC that is illegal or violates or infringes someone else’s rights, including intellectual property rights or privacy, publicity or moral rights.

We reserve the right to – at our own discretion – take down any UGC.

7. CONTACT
Freetime Studio
info@freetimestudio.net