EULA

End User License Agreement

The application “EDU VR Simulation” ("Licensed Application") through which the Services (as defined below) are delivered is licensed, not sold to you ("You" or "Your") solely for use under the terms of this End User License Agreement (this "License"). Additional products or applications may also be provided to You which are accompanied and governed by separate license agreements. The licensor (“Application Provider” - Netit Co. Ltd) reserves all rights not expressly granted to You. 

A. Scope of License 

The license granted to You for the Licensed Application “EDU VR Simulation” is limited to a non-transferable license to use the Licensed Application on any device that You own or control. This License does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. This license does not include any resale or commercial use of the Licensed Application or the Service. Further, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create any derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the limited extent as may be permitted by the licensing terms governing any open-source components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, then You may be subject to prosecution and/or damages. This License will govern any upgrades provided by Application Provider that replace and/or supplement the original Product unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 

B. Consent to Use of Data

You agree that Application Provider may collect and use technical data and related information including, but not limited to, technical information about Your device, system, application software, and peripherals, to facilitate the provision of the Services, updates, support, and other services to You (if any). Subject to any limitations imposed by applicable law, Application Provider may also use or share this information with third parties as long as it is in a form that does not personally identify You, to improve and/or provide its products, services, and technologies. 

C. Termination 

This License is effective until terminated by You or Application Provider. Your rights under this License will terminate automatically without notice from Application Provider if You fail to comply with any term of this License. Upon termination of this License, You shall cease all use of the Licensed Application “EDU VR Simulation”, and delete or destroy all copies, full or partial, of the Licensed Application. 

D. Services; Third Party Materials

The Licensed Application “EDU VR Simulation” enables access to the Services as well as third-party services and websites. Use of such Services and third-party services and websites may require Internet access and further require that You accept and comply with additional terms of service. 

• You understand that by using the Licensed Application and the Services, You may encounter content, data, information, applications, links to third-party websites or other materials ("Third-Party Materials") that may be deemed offensive, indecent, explicit, or otherwise objectionable, and that the results of any search or entering a particular URL may automatically and unintentionally generate links or references to such material. Accordingly, You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall not have any liability to You for any Third- Party Materials that may be found to be offensive, indecent, explicit, or otherwise objectionable. 
• By using the Application and the Services, You agree that Application Provider is not responsible for the content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third-Party Materials or websites. Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third-Party Materials or websites, or for any other materials, products, or services of any third parties.
• You agree that the Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws. You will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Services except for personal use as described below. No portion of the Services may be reproduced in any form or by any means except for personal use as described below. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized or illegal way except for personal use as described below. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any third party, and that Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that You may receive as a result of using the Application or the Services. You may use and share images directly taken from this application for personal use but may not do so for any commercial purposes without the written permission of Netit Co. Ltd (Netit s.r.o.). Furthermore, you may not use and share images from this application without correctly publishing the appropriate credit line as per industry standards and as is built into the image share feature within the application.
• You agree that the Services, third-party services, and Third-Party Materials may not be available in all languages or in all countries. Application Provider makes no representation that the Services, third-party services, or Third-Party Materials are appropriate or available for use in any particular location. To the extent You choose to access any Services, third-party services, or Third-Party Materials, You do so at Your own risk and are responsible for compliance with all applicable laws including, but not limited to, all applicable local laws. Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will Application Provider be liable for the removal or disabling of access to any such Service. Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 

E. No Representations or Warranties

• YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED EXCLUSIVELY "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONTINUOUS OPERATION, AND NONINFRINGEMENT. APPLICATION PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO. APPLICATION PROVIDER DOES NOT WARRANT THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 
• You agree that the fees charged by Application Provider and paid by You are based on and reflective of the allocation of risk contemplated by this section and that the limitations in this section are an essential element of the agreement between You and Application Provider. 
• Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You. 

F. Use of Licensed Application and Services 

You agree that the Licensed Application “EDU VR Simulation” and Services are designed to be used solely by consumers under professional supervision as part of a study plan prescribed by a qualified and licensed practitioner, schoolteacher, or another appropriate advisor. You warrant that You will not use, nor shall You permit, the Licensed Application or Services to be used except under such supervision and only as prescribed. The Licensed Application and Services do not constitute the practice of medicine and are neither professional medical nor physiotherapy advice. Moreover, Licensed Application and Services are not designed to be used as a substitute for professional advice or judgment. Due to the large variety of potential applications for the Licensed Application and Services, neither the Services nor the Licensed Application have been tested for all conditions. 

G. Limitation of Liability

IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

H. 

The Licensed Application “EDU VR Simulation” together with all intellectual property rights associated therewith or incorporated therein shall at all times remain the exclusive property of Application Provider and its licensors. The Licensed Application is protected by copyright under both United States and foreign laws.

I. 

You may not use or otherwise export or re-export the Licensed Application “EDU VR Simulation” except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported

• into any U.S. embargoed countries or 
• to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons. 

J. 

The Licensed Application “EDU VR Simulation” and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users 

• only as Commercial Items and 
• with only those rights as are granted to all other end users pursuant to the terms and conditions herein. 

Unpublished rights reserved under the copyright laws of the United States. 

K.  

No waiver by Application Provider of Your breach or default under this License shall be deemed to be a waiver of any subsequent breach or default.

L. 

If any part of this License is found void or unenforceable it will not affect the validity of the balance of the license which shall remain valid and enforceable according to its terms. 

M. 

Application Provider may modify or discontinue this License from time to time. Any changes to this License will be posted on Application Provider's internet website. In addition, this License will always indicate the date it was last revised. You are deemed to have accepted and agreed to be bound by any changes to this License when You use the Licensed Application or Services after those changes are posted. 

N. 

The laws of the State of Delaware, excluding its conflicts of law rules, shall govern this License and your use of the Licensed Application. Your use of the Licensed Application and the Services may also be subject to other local, state, national, or international laws. 

O. 

Any dispute with Application Provider or any of its officers, directors, employees, agents, or affiliates, arising under or in relation to this License shall be resolved exclusively through the small-claims court of the Superior Court of California within the City and County of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case either party may seek such relief in any court with jurisdiction over the other party. You understand that, in return for agreement to this provision, Application Provider is able to offer the Licensed Application and Services to you on the designated terms, and that Your agreement to this provision is an indispensable consideration to this License. You acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers, directors, employees, agents, or affiliates, arising out of or relating to this License and/or Your use of the Licensed Application or Services: 

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. 

P. 

This License represents the entire understanding between You and Application Provider regarding the Licensed Application “EDU VR Simulation” and the Services and supersedes and prior agreements with respect to the licensing of the Licensed Application and provision of the Services to You.

In Bratislava am 10.5.2022

Download PDF document here: EULA