TERMS AND CONDITIONS OF USE FOR HUMULO PRODUCTS
These Terms and Conditions of Use (“Terms”) govern your use of the virtual reality (VR) and other content the Humulo Engineering LLC and its subsidiaries (Humulo) makes available through various platforms, including but not limited to web and mobile applications (“Humulo Content”), as well as our website located at www.humulo.com (the “Site”). By accessing the Site, downloading, installing, or otherwise using any Humulo Content, you accept without limitation or qualification these Terms, which is a legal agreement between you and Humulo. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms, and, in such event, “you” and “your” will refer to that company or other legal entity.
Humulo may revise the Terms at any time, which revisions will be binding upon you should you continue to use the Site or download, install, access, or continue to use any Humulo Content. If you do not wish to be bound by these Terms, please exit the Site now and refrain from further use of the Site and any Humulo Content.
Health and Safety Notice: Read and follow all setup and operating instructions and safety warnings provided with any virtual reality equipment you are using in connection with the Humulo Content. Virtual Reality (“VR”) content (“VR Content”), such as the Humulo Content, produces an immersive virtual reality experience, and users may have reactions to that experience, including motion sickness, nausea, eye strain, disorientation, vertigo, seizures, general discomfort, headaches, anxiety, or other physical, mental or health-related injuries. These reactions may be triggered when viewing VR Content for a brief or sustained period of time. Immediately stop viewing VR Content if you experience any of these symptoms. Do not drive or operate machinery until you have recovered from any symptoms you experienced. See a doctor before viewing VR Content if you have a history of experiencing these symptoms or if you are prone to seizures. Anyone viewing VR Content should take frequent breaks while doing so. Remain seated whenever possible when viewing VR Content and take special care to be aware of your surroundings to ensure you do not injure yourself or other people around you while you are viewing or immediately after viewing VR Content. Viewing VR Content is not recommended for children without adult supervision.
I hereby, for myself, and on behalf of my heirs, executors, administrators, assigns or personal representatives, release and forever discharge Humulo and its affiliates, members, partners, representatives, directors, employees, contractors, licensors, agents, and their successors and assigns (collectively, the “Humulo Parties”) from and against any and all losses, damages, injuries (including death) or other liability financial or otherwise that may arise from my use of the Humulo Content.
- Grant of License. Humulo hereby grants you a limited, nonexclusive license to access and use the Site and the Humulo Content (which content may be used for viewing within a VR viewing device only) solely for personal and non-commercial purposes, in accordance with these Terms (the “License”). You may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment, or transfer is void. Humulo expressly reserves all rights not expressly granted to you in these Terms.
- Restrictions. Except as otherwise specifically permitted in these Terms, you may not, and may not permit any third parties to: (1) modify or create derivative works of the Humulo Content or the Site including, without limitation, by performing any translation or localization; (2) copy the Humulo Content (except in the course of downloading the Humulo Content for use in a VR viewing device for the limited purposes set forth in the License); (3) separate the Humulo Content, which is licensed as a single product, into its component parts; (4) reverse engineer, decompile, disassemble, translate or otherwise attempt to derive the source code for the Humulo Content or the Site; (5) redistribute, transfer, encumber, sell, rent, lease, lend, sublicense, or otherwise redistribute the Humulo Content or the Site, or any portion thereof; (6) use the Humulo Content in a timesharing arrangement or otherwise transfer any rights in or to the Humulo Content or the Site; (7) make the Site or the Humulo Content available to multiple users through any means, including but not limited to by uploading the Humulo Content to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS), or any other type of services; (8) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Humulo Content or on the Site, or any portions thereof; (9) violate any applicable laws, rules and regulations, including but not limited to, infringing or misappropriating any intellectual property rights; (10) intentionally disrupt the Site or use the Site to upload, reproduce, transmit or distribute any software viruses or other computer code, files or programs designed to interrupt, destroy, degrade or limit the functionality of any computer software, hardware, data, system or telecommunications equipment; or (11) circumvent any technological or other protections employed by Humulo to protect or otherwise restrict access to the Humulo Content or the Site (“Rights Management Protections”) including, but not limited to digital rights management technology.
- Intellectual Property. You acknowledge and agree that, as between us, Humulo is the sole and exclusive owner of the Humulo Content and the Site, including but not limited to, in all intellectual property rights therein. Nothing on the Site, within the Humulo Content, or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use the Site or the Humulo Content for any purposes other than those granted in the License, nor the right to use any content or property of any third party.
- Your use of the Site and the Humulo Content also implies no right of any kind in any trademarks, logos, names, designs, and/or other intellectual property held by Humulo. You represent that you will not take any action that would impede, limit or alter Humulo’s rights in its intellectual property, including but not limited to any trademarks or copyrighted content.
- Termination. The License granted herein will remain in effect, unless terminated by Humulo. Humulo may terminate the License in its sole discretion, at any time and without notice to you. Without limiting the foregoing, the License granted herein will automatically terminate, with or without notice from Humulo, if you breach any term of these Terms. Upon termination, you must, at Humulo’s option, either promptly destroy or return to Humulo all copies of the Humulo Content in your possession or control and immediately cease all access to the Site.
- No Obligation to Update or Upgrade. Humulo is not obligated to maintain or support the Humulo Content or the Site, or to provide you with updates, upgrades or services related thereto. You acknowledge that Humulo may, from time to time, in its sole discretion, issue updates or upgrades to the Humulo Content or the Site. You agree that these Terms will apply to all such updates or upgrades.
- No Warranty. THE HUMULO CONTENT AND THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, ORAL OR WRITTEN). Humulo DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Humulo MAKES NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT Humulo WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. Humulo FURTHER DISCLAIMS ANY LIABILITY AND MAKES NO WARRANTIES WITH RESPECT TO ANY ERRORS OR OMISSIONS ON THE SITE OR IN THE Humulo CONTENT, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OF RIGHTS OF PUBLICITY AND PRIVACY, MORAL RIGHTS, AND/OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION, AND FURTHER DISCLAIMS ANY LIABILITY AND MAKES NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS) RELATING TO: LINKS BETWEEN THE SITE AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; AND/OR ANY AND ALL USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED THE LICENSE (WHETHER PERMITTED BY LAW OR OTHERWISE).
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND Humulo, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE HUMULO CONTENT, AND THE VIEWING OF SUCH HUMULO CONTENT. HUMULO IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM YOUR USE OF THE SITE, THE HUMULO CONTENT, AND THE VIEWING OF SUCH HUMULO CONTENT. HUMULO’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO Humulo BY YOU FOR YOUR USE OF THE Humulo CONTENT OR, IN THE EVENT THAT Humulo HAS MADE THE SITE OR Humulo CONTENT AVAILABLE TO YOU WITHOUT CHARGE, Humulo’S TOTAL LIABILITY WILL BE LIMITED TO $50. IN NO EVENT WILL Humulo BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR THE EXECUTION OR PERFORMANCE OF THE SITE OR THE Humulo CONTENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Humulo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Export Laws. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Humulo Content, the Site, nor any technical data related thereto, nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- Third Party Materials; Third Party Hardware and Software. You may be able to access or use third party websites, resources, content, or information (“Third Party Materials”) via the Site or via third party services making available Humulo Content. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials. Without limiting any provisions of these Terms, you acknowledge and agree that Humulo: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; and (b) has no liability to you or any third party for any harms, claims, liabilities, damages, injuries or losses arising our of or in connection with your access to or use of to such Third Party Materials. Humulo makes no representation or warranty of any kind, express or implied, with respect to Third Party Materials, and the linking to such Third Party Materials shall not constitute any kind of endorsement of such materials. You should direct any concerns regarding any outside link to its site administrator.
- You acknowledge and agree that Humulo is not responsible for any hardware or other software required to access and use the Humulo Content, including, without limitation, any loss or corruption of data or any other loss or damage of any kind arising from your use of such hardware or software.
- General. These Terms are governed by and construed in accordance with the laws of the State of Maryland, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer the License or any rights granted under these Terms, by operation of law or otherwise, without Humulo’s prior written consent, and any attempt by you to do so, without such consent, will be void. Humulo may transfer or assign its rights and obligations under these Terms to a third party without your prior permission. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. The failure by either party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. These Terms are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Humulo have executed a separate agreement.
Questions about the Terms. If you have any questions regarding this Agreement, you may contact email@example.com.