EULA
END USER LICENSE AGREEMENT (EULA)
YOU SHOULD CAREFULLY READ THE ENTIRE FOLLOWING EULA BEFORE INSTALLING THIS SOFTWARE. THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL THIS SOFTWARE.
- GENRAL TERMS
- PCF Group Spółka Akcyjna [Joint-stock Company], a company established under the laws of Poland with its seat in Warsaw, address: al. „Solidarności” 171, 00-877 Warsaw, Poland (“PCF”), provides you with license to use the “Bulletstorm VR” (“Software”) subject to the following end user license agreement (“EULA”).
- This EULA constitutes a binding and enforceable legal license contract between you and PCF. You hereby acknowledge that you have read the foregoing EULA and agree that the action of installing the Software is an acknowledgment of your agreement to be bound by the terms and conditions of the EULA contained herein.
- The Software has minimum age ratings in order to meet age recommendations and content descriptors, which may vary depending on your location. You may enter into the EULA only if you are over 18 years of age. If you are under 18, your statutory agent can enter this EULA on your behalf (e.g., parent, legal guardian).
- The use of the Software requires the possession of corresponding hardware, the fulfilment of minimal technical requirements and the access to the relevant utilities (such as Internet) which you will have to provide on your own and at your own expense and responsibility. The minimum technical requirements are set forth on the landing page of the Software or in other documentation that is provided in connection with the use of the Software. You acknowledge that you have read and understood these technical requirements of the Software (including the minimum requirements).
- If you access the Software through third-party services, in order to use the Software, you may be required to accept and follow the terms of service of such third parties (and their service providers such as payment intermediaries).
- The EULA does not authorize you to use of the PCF name, the Software name or any other PCF names, logos or trademarks to which PCF has rights.
- If you have any queries concerning this EULA or the Software, you can contact us in writing or by following e-mail: [●].
- LICENSE
- You hereby acknowledge that all intellectual property rights in the Software, including but not limited to copyright, patents, trademark rights, know-how, belong to PCF and/or PCF’s licensors. PCF does not assign any intellectual property rights of copyright to you to any extent or grant any licence to any extent other than the following licence.
- Upon your installation of the Software, PCF grants you limited, non-exclusive, non-transferable licence to access and use the Software only for your personal and non-commercial purposes. The license:
- is for an indefinite period, subject to its termination (perpetual license);
- shall apply without any territorial restrictions;
- does not authorise you to sub-license or transfer a licence to a third party without PCF’s prior written consent;
- is granted in the following fields of exploitation: temporary reproduction of the Software in whole or in part in the form of the object code (for the purposes of enabling you to use the Software accordance with its intended use).
- Subject to mandatory provisions of law that allow you to do so, you may not copy, modify, decompile, reverse engineer, derive source code or disassemble the Software in whole or in part, attempt in any manner to circumvent security measures which enables PCF to control access to the Software, remove any proprietary notices or labels on the Software or create any derivative works from or sublicense any rights in or to the Software without PCF’s prior written consent.
- You may not make the Software available, distribute or publicly display it without the prior consent of PCF.
- Do not create, use, share and/or distribute unauthorized (not authorized by PCF) or illegal software designed to affect the Software (in particular, cheats software, bots, hacks, spyware or information-gathering software, software containing any malicious code, extraction tools or other software with similar properties).
- PCF reserves the right to implement all updates, upgrades and modifications to the Software or its elements, which might require downloading patches or upgrades. In some cases, download of the patches or upgrades may happen automatically. Unless otherwise specified, future versions of the Software (or elements thereof) are subject to this EULA.
- TERM AND TERMINATION
- This EULA is effective until terminated hereunder.
- PCF may terminate this EULA with an immediate effect, without incurring any liability, if you materially breach the provisions of section 2 of this EULA. In other cases PCF undertakes not to terminate the EULA (irrevocable license).
- You may terminate the EULA at any time, without incurring any liability, by removing any elements of the Software that reside in any form on your devices, computers, hard drives, networks, and other storage media.
- Upon termination of this EULA for any reason, you shall immediately stop using the Software and destroy or remove from all devices, computers, hard drives, networks, and other storage media all copies of the Software. Termination of this EULA shall not affect the validity of any provision of this EULA that expressly or by implication is intended to continue in force after such termination.
- GOVERNING LAW. JURISDICTION
- These EULA is governed by the laws of Republic of Poland.
- Any claim, dispute or matter arising under or in connection with these EULA shall be governed and construed in all respects by the laws of Poland.
- PCF does not use alternative dispute resolution means of redress for consumers nor does it use alternative dispute resolution (ADR) entities – unless such an obligation results from mandatory provisions of law.
- PCF hereby informs you that the European Commission provides a platform for online dispute resolution concerning contractual obligations arising from the online sales agreement or agreement on provision of services between consumers residing in the EU and traders established in the EU. The platform is available at: http:/nas/content/live/pcfg/ec.europa.eu/consumers/odr/ (ODR platform). PCF informs you that there is no legal obligation to use ODR platform – in each case the decision to enter into a dispute through the platform is taken by the PCF individually.
- FINAL PROVISIONS
- Software is delivered as-is. PCF makes no additional representations or warranties as to the quality or characteristics of the Software. PCF assumes no liability for occurrences outside of PCF’s reasonable control. Liability for failure to perform any obligation under the EULA will be excluded if such failure is caused by the occurrence of any unforeseeable event beyond one’s control, including, but not limited to acts of God, pandemic, war, states of emergency and disaster or effects of natural forces including fire, flood, earthquake etc.
- PCF shall have the right to assign the rights and obligations under this EULA, in whole or in part, without requiring your consent, to other persons or entities, in particular affiliates.
- Except as otherwise provided in the EULA, the failure or delay in exercising any right or remedy provided in the EULA or by applicable law (or the partial exercise of any such right or remedy) will not be deemed a waiver of that or any other right or remedy, nor will it prevent or limit the further exercise of that or any other right or remedy.
- Software may include flashing lights and bright images, loud music and sound effects. You are fully responsible for adjusting your settings and following all recommendations of the manufacturers of the hardware you use. You are entirely responsible for your health in connection with your decision to use (and not to stop using) the Software. If you or anyone in your immediate surroundings has epilepsy or has ever experienced unwanted effects from using multimedia devices or services, consult your doctor before using Software. If you experience unwanted effects while using Software – including, but not limited to, dizziness, disorientation, blurred vision, twitching of the eyes or muscles, loss of consciousness or convulsions, stop using the Software immediately and consult your doctor or seek immediate medical attention.
- This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
- If any provision of this EULA is declared invalid in whole or in part by a court of law or another competent authority, or if the invalidity of any provision of this EULA results from binding legal provisions, or if any provision of this EULA proves impossible to implement in whole or in part, the remaining provisions of this EULA shall remain in full force and effect.
- PCF is authorised to unilaterally change provisions of this EULA if a reasonable need for such changes arises, such as a need to adjust the wording of certain rights and obligations of parties in connection with a change in legislation, available technologies or PCF’s business policy. In any case PCF will inform you about the changes to the EULA by giving at least thirty days’ notice on the website page entitled “Legal Notices” or “Legal Information”. If you do not agree with the proposed changes to this EULA, you are entitled to terminate this EULA, effective as of the day immediately preceding the effective date of the proposed amendment. You hereby acknowledge that if you do not notify PCF about termination of EULA and you use the Software after the effective date of proposed changes, it means you are agreeing to be bound by the then current version of these EULA.