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Software Licence Agreement for VRLabAcademy

1.License
Under this Software License Agreement (the "Agreement"), VRLab Academy (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use VRLabAcademy Software (the "Software") according to the purchased license package
 
2.Description of product
"Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product. The VRLabAcademy software enables the user to use the Virtual Reality Software for natural science experiments described on the purchased package for a certain period (license period).
 
3.Hardware requirements
The software can only be used with the required IT and Virtual Reality hardware. The actual requirements are shown on the official sales channels of the Vendor or his official registered distributors.
 
4.Copyright
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 license for use only and is not in any way a transfer of ownership rights to the Software.
 
5.Installation and Users
The Software may be loaded onto no more than one computer. A single copy may be made for backup purposes only. The software is locked unless a valid unlock code is purchased and entered.
 
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 is licensed, not sold. If you comply with all the terms of the Agreement, we grant you the right to install the software on devices you own and control as follows:
 
     i.VRLabAcademy Education (for educational institutions)
Any student or educator which is part of the educational institution (Licensee) can use the software located in the premises of the licensee. It is not allowed to use the software outside of licensees’ premises.
 
     ii.VRLabAcademy Home (for private use)
Any private person can use the software in their home environment. It is not allowed to use in the premises of an educational institution.
 
6.Licence fee
To use the software the Licensee must purchase a licence package from the Vendor or his official certified distributors. The price, the included modules and the licence period are shown from the Vendor or his official distributors in their public sales channels or on request.
 
After purchasing the Vendor will issue a code to unlock the software. During installation of the code the software must be online
 
7.Modification
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
 
8.Breach of Contract
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
 
9.Limitation of Liability
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 or personal disadvantage suffered by the Licensee arising out of the use or failure to use the software.
 
10.Updates
The Vendor has the right to install software to fix bugs and improve the usability.
 
11.Warranties exclusions
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
 
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.
 
12.Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the software. The Vendor warrants and represent that granting the license to use this software is not in violation of any other Agreement, copyright or applicable statute.
 
13.Acceptance
All terms, conditions and obligations of this Agreement will be deemed to be accepted be the Licensee on installation of the software.
 
14.User Support
The Vendor or his official distributors are available for remote support. Actual support contact and available times will be shown on the homepage of the Vendor or his official distributors.
 
15.Term
The term of this Agreement will begin on acceptance and is perpetual.
 
16.Termination
This Agreement will be terminated, and license forfeited where the Licensee has failed to comply with any other of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the software or return the software to the Vendor.
 
17.Force Majeure
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligation 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 hast taken all appropriate action to mitigate such an event.
 
18.Governing law
The parties to this Agreement submit to the jurisdiction of the courts of the Federal Republic of Germany for the enforcement of this Agreement or any arbitration award o decision arising from the Agreement.
 
19.Amendments
This Agreement can only be modified in writing signed by both parties.
 
20.Relationship
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee
 
21.Severability Clause
Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this contract the legal effectiveness of the other provisions is not affected. The invalid contractual provision shall be replaced, or the loophole filled by an appropriate provision which comes as close as possible to what the parties to the contract would have wanted.
 
22.Completeness
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.
 
23.Notices
All notices to the Vendor under this Agreement are to be provided at the following address:
Fasanenweg 7, Vellberg, 74541 Germany