Software License Agreement
- Under this Software Licence Agreement (the “Agreement”), VRSquare Virtual Reality Studio Inc. (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable licence (the “Licence”) to use Cubity (the “Software”).
- “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
- Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software. The Software is licensed, not sold.
- The Software may be loaded onto a maximum of one computer.
- The Vendor will be provided access to bug reports and crash data collected by the Software for improvements and other purposes.
- The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
- The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
- Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.
9. Vendor collects Licensee information in an effort to improve Licensee’s experience, and to communicate with Licensee about Vendor’s products. Vendor does not sell or rent Licensee’s personal information to third parties.
11. Vendor may collect information — Licensee voluntarily submits to Vendor, for example:
(i) Identifying information such as Licensee’s name and email address;
(ii) Security information such as Licensee’s Licensee name, Email address, and acceptance of policies, licenses and warranties;
(iii) Contact information such as Licensee’s Vendor name, mailing address and phone number;
(iv) Billing information such as credit card, expiration date, billing address and account history;
(v) Queries to Customer Service and Technical Support;
(vi) site behavior such as pages visited, downloads.
(vii) Browser information such as browser version, IP address, and the presence of various plug-ins and tools.
12. Vendor collects information from Licensee when Licensee voluntarily submit that information to Vendor, including, for example: registering on our websites, downloads, subscribing to services, or contacting Vendor for technical or customer support.
13. Vendor employs third party vendors, service providers and suppliers to perform various functions on our behalf. Third-party services may include, but are not limited to: customer information management; processing credit card or check card payments analyzing data; developing, hosting and maintaining our websites and databases. Vendor does not authorize any of these service providers to make any other use of Licensee’s information or to contact Licensee outside the context of these services.
14. Vendor utilizes security measures to protect the customer information it collects.
15. Vendor site may contain links to other sites. Vendor does not control the privacy practices of those websites. Vendor shall not be responsible for the content and/or practices of any linked websites, and Vendor provides these links solely for the convenience and information.
16. In the event of a security breach of Companies systems, Vendor agrees to notify Licensees via their supplied email address as to the severity of the breach within 1 business day of the breach being identified.
17. At the end of the Licensee’s subscription, Vendor agrees to destroy all Licensee specific data by means of overwrite a minimum of five (5) times. The Licensee has the option for an additional fee of requesting that Vendor freeze their account and all Licensee specific data therein for an agreed upon period. At the end of that freeze period, the Licensee can for an additional fee extend the freeze, if the Licensee chooses not to extend the freeze then all data will be destroyed in accordance with the Companies data retention policy.
Third-Party Software Credits and Attributions
18. The Vendor has used open source code from the following in developing some portions of the Software.
Copyright (c) 2006-2015 assimp team.
All rights reserved. Assimp is released as Open Source under the terms of a 3-clause BSD license.
libigl is primarily MPL2 licensed (FAQ). Some files contain third-party code under other licenses.
Eigen open source library is licensed according to the terms of the MIT license.
Starting from Qt 5.7, Qt is licensed under:
– LGPL3 open source license
– GPL2 or GPLv3 open source license
Most of the Qt APIs are available also under LGPLv3 license but not all of the Qt Add-on modules.
19. The Vendor waives all other subscription and usage fees during the Term of this Agreement.
Limitation of Liability
20. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
21. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
22. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that Software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
23. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.
24. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Software.
25. The Licensee will be entitled to 30 days of phone and email support available during business hours, at no additional cost.
26. The term of this Agreement will begin on Acceptance and will continue for a period of 30 days. At the end of the term of this Agreement the Licensee must destroy all copies of the Software in their possession.
27. The Vendor may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Licence with or without prior notice.
28. This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement, or who otherwise tampers with or abuses the Software or utilizes the Software for illegal, disruptive or other inappropriate purposes. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
29. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
30. The Parties to this Agreement submit to the jurisdiction of the courts of the Province of British Columbia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of British Columbia.
31. This Agreement can be updated or modified at any time at the Vendor’s discretion for the duration of the Licence and it’s the Licensee’s sole responsibility to keep updated with such modifications.
32. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
33. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
34. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
35. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
36. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
37. All notices to the Vendor under this Agreement are to be provided at the following address:
VRSQUARE Virtual Reality Studio Inc.: 500 – 329 Railway Street, Vancouver, B.C. V6A 1A4
Updated on March 2019