Omniverse EULA

OMNIVERSE END-USER LICENSE AGREEMENT

The Virtuix OmniTM is a first-of-its-kind virtual reality system that deeply immerses you in your favorite games by allowing you to stand up and walk around in the virtual environment. Walking and running in virtual reality creates an unprecedented sense of immersion that cannot be experienced sitting down.

This Omniverse End-user License Agreement (“OMNIVERSE EULA”) governs your use of the Virtuix OmniverseTM content platform and the games and software provided by the Virtuix OmniverseTM content platform (collectively, the “Game Software”), including Virtuix OmniverseTM, Omni ConnectTM, Omni OnlineTM, TRAVRTM, Omni ArenaTM, and any games available on the Virtuix OmniverseTM content platform. This OMNIVERSE EULA governs your terms of use for the Game Software, and by installation or use as described herein, you accept the terms of this OMNIVERSE EULA.

By clicking the “ACCEPT” button (or if you bypass or otherwise disable the “ACCEPT” button, and still access or otherwise use the Game Software), you accept the terms and conditions in the OMNIVERSE EULA, including all Exhibits or amendments, if applicable. If you do not accept the terms and conditions in the OMNIVERSE EULA, you should click the “DECLINE” button, discontinue use of the Game Software, and not access the Game Software.  Further, by installing, copying, and/or otherwise (even without installation) using the Game Software, you signify your acknowledgement and agreement to this OMNIVERSE EULA, and any and all amendments and/or modifications to the OMNIVERSE EULA.

The Game Software includes your Virtuix OmniTM games, and additionally, Game Software also includes any and all associated media, and any updates and upgrades that replace or supplement the Game Software and that are not distributed with a separate license.

This OMNIVERSE EULA Could Change

Note that this OMNIVERSE EULA will change over time, and we will post any modified and/or updated OMNIVERSE EULA on the Site. We will not notify you by email, through any Omni Service, or by presenting you with a new OMNIVERSE EULA to accept. It is your responsibility to check the website at www.virtuix.com for changes, and when you use any Game Software (as defined above) after a modification is posted, by your actions, you are telling us that you accept the modified or updated OMNIVERSE EULA.

Our Privacy Policy and Terms of Use

Virtuix’s Privacy Policy is found at http://www.virtuix.com/privacy-policy/ and our Terms of Use is found at http://www.virtuix.com/terms-of-use/. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices, including the collection practices under any Game Software. Our Privacy Policy and Terms of Use are incorporated by reference into this OMNIVERSE EULA. Your use of the Game Software is subject to all the terms of our Privacy Policy and Terms of Use, so it is your responsibility to read and understand all aspects of our data collection as it relates to your use of any Game Software.

Users

You may use the Game Software and provide the needed Data only if you are over 13 years of age and are not barred from receiving services under applicable law.

Limited License Grant to the Game Software

Virtuix Inc. grants you a non-exclusive right, non-transferable, revocable and limited license to use the Game Software for use only with your Virtuix Omni and only as set out in this OMNIVERSE EULA, but subject to the restrictions set out herein. You may not copy, transfer, transmit, sublicense or assign the Game Software and the accompanying rights in this limited license, except as expressly permitted in this OMNIVERSE EULA.

Further, and as a condition of your use of the Game Software, you warrant to Virtuix Inc. that you will not use the Game Software for any purpose that is unlawful, not allowed, or prohibited by this OMNIVERSE EULA or by law. You agree that you do not acquire any intellectual property or ownership rights in any Game Software, or in any protected content or your ideas submitted to us or your Submissions as set out below. We do not grant you any licenses, express or implied, to the intellectual property of Virtuix and/or our licensors or licensees except as expressly authorized in the limited license above.

To be clear, the Game Software is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Game Software is being transferred or assigned and this OMNIVERSE EULA should not be construed as a sale of any rights in the Game Software. Virtuix Inc. and, as applicable, its third-party licensors and licensees retain all right, title, and interest to the Game Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Game Software is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Game Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Virtuix Inc. Any persons copying, reproducing, or distributing all or any portion of the Game Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. Be advised that U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The Game Software contains certain licensed materials and Virtuix Inc.’s licensors and licensees may also protect their rights in the event of any violation of this OMNIVERSE EULA. All rights not expressly granted under this OMNIVERSE EULA are reserved by Virtuix Inc. and, as applicable, its licensors and/or licensees.

Restrictions to the Limited License

This limited license does not include the right to, and you agree not to (a) sublicense the Game Software or make it available on a network to other users; (b) create derivative works from the Game Software; or (c) copy, publicly perform or broadcast the Game Software in an manner not set forth in this OMNIVERSE EULA.

Further, you and any other person you allow to use the Game Software may not decompile, disassemble, reverse-engineer or otherwise display the Game Software in human-readable form.

You agree that the terms of this OMNIVERSE EULA apply to the Game Software and all portions of it, whether owned by Virtuix, Inc. or its third party licensors or licensees.

All of the terms of this OMNIVERSE EULA apply to any Omni services that incorporate or are sold in any bundle with any Game Software or licensed as part of a sale of the Virtuix OmniTM.

Further, you agree not to:

  1. distribute, lease, license, sell, rent, or otherwise transfer or assign the Game Software, or any copies of the Game Software;
  2. make a copy of the Game Software or any part thereof;
  3. make a copy of the Game Software available on a network for use or download by multiple users;
  4. except as otherwise specifically provided by the Game Software or this OMNIVERSE EULA, use or install the Game Software (or permit others to do same) on a network, for public on-line use, or on more than one computer or gaming unit at the same time;
  5. copy the Game Software onto a hard drive or other storage device in order to bypass the requirement to run the Game Software;
  6. use or copy the Game Software at a computer gaming center,  any other location-based site, or commercially; provided, that Virtuix Omni  may offer you a separate license agreement to make the Game Software available for commercial use;
  7. restrict or inhibit any other user from using and enjoying any online features of the Game Software;
  8. cheat or utilize any unauthorized robot, spider, or other program in connection with any online feature of the Game Software;
  9. violate any terms, policies, licenses, or code of conduct for any online features of the Game Software; or
  10. transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Game Software by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Game Software was obtained, which may be amended from time to time.

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.

FINALLY, BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION TO THIS OMNIVERSE EULA, INCLUDING WARRANTIES SET FORTH HEREIN, OR OTHERWISE MAY NOT APPLY TO YOU.

International Use

Although the Game Software may be accessible worldwide, we make no representation that the Game Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Game Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) 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 accessing and using the Game Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

Open Source Software

The current or future Game Software may contain or link to certain software including without limitation “open source software” that is licensed under other software license terms (“Third Party Software”). You agree to any such additional license terms for such Third Party Software, and any other content, source code or other materials that Virtuix Omni provides to you, may be provided with the Game Software, via your access to the Site or included as part of this OMNIVERSE EULA.

Collection of Data

As set out in the Virtuix Inc. Privacy Policy, information that you may reveal in your Omniverse account and/or user profile to us or in communication with any other users or in other online discussions regarding your experience in association with the Game Software, or as a part of the Game Software with any Omni software and/or Omni services is not in any way private. You should think carefully before publicly disclosing any personally identifiable information, or in your Submissions, which are addressed below.

By your use of the Game Software, you consent to our collection and use of any and all raw data collected from the Virtuix Omni, or as collected from your use of any Game Software, and/or as may be sent to Omni Connect and Omni Online for processing and storage as well as what is collected in your account or user profile. Data that is measured and collected as part of the Game Software could include certain metrics, including but not limited to height, weight, age, gender, waist size, shoe size, steps taken, calories burned, and your geographic location (“Personal Data”). We will use this Personal Data to help improve the Game Software and the Virtuix Omni.

As set out in our Privacy Policy, we may engage other companies to provide limited services on our behalf to facilitate your experience of our products and services. Virtuix will only provide these companies with those items of your Personal Data needed to deliver such Services. These companies and their employees are prohibited from using that personal information for any other purpose. We may share also your personal information with third parties in order to fulfill a service or transaction you may have requested. We further reserve the right to delete your Personal Data at any time.

Posting Your Submissions regarding the Game Software

You agree that any feedback, experiences, responses, creative suggestions, ideas, notes, drawings, concepts, or other information via email, via user forums, SURVEYMONKEY or via any other means of communication (collectively, the “Submissions”) shall be deemed, and shall remain, Virtuix Inc.  intellectual property AND/OR VIRTUIX INC. PROPERTY and you shall have no ownership or rights to the Submissions except the use as set forth herein.

FOR THE AVOIDANCE OF DOUBT, ANY AND ALL OF YOUR SUBMISSIONS SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF VIRTUIX INC. AND ITS AFFILIATES AND/OR ITS LICENSORS OR LICENSEES, AND YOU HEREBY ASSIGN ALL OF YOUR RIGHT, TITLE AND INTEREST IN THE SUBMISSIONS, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO TO VIRTUIX INC. AS SET FORTH HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT VIRTUIX, INC. AND ITS AFFILIATES AND/OR ITS LICENSORS OR LICENSEES SHALL HAVE THE PERPETUAL AND IRREVOCABLE RIGHT TO USE, MODIFY, AND OTHERWISE EXPLOIT ALL OR PART OF THE YOUR SUBMISSIONS OR ANY DERIVATIVE THEREOF IN ANY MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You hereby represent and warrant that you have the right to assign and grant the rights set forth herein, and that any Submission which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.

Our Enforcement Rights and Termination

We are not obligated to monitor access or use of the Game Software, or your Submissions, but we have the right to do so for the purpose of ensuring compliance with this OMNIVERSE EULA, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, and we may cooperate with law enforcement authorities to prosecute users who violate the law.  We reserve the right to remove or disable access to the Game Software, or your Submissions at any time and without notice, and at our sole discretion, if we determine that your Submissions, or your use of any Game Software is objectionable or in violation of this OMNIVERSE EULA.  In the event of a termination of your use of the Game Software, the following provisions of this OMNIVERSE EULA will survive: Our Privacy Policy and Terms of Use, Restrictions to the Limited License, Collection of Data, Posting Your Submissions regarding the Game Software, Our Enforcement Rights and Termination, Disclaimers, Seizure Warning, Indemnity, Limitation of Liability, and General Terms.

Disclaimers

ALL GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We do not offer any warranties or guarantees in relation to the Game Software installation, configuration or error/defect correction. We make no warranty that any Game Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Game Software. You acknowledge and agree that if you rely on any Game Software, you do so solely at your own risk.

THIS DISCLAIMER SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS DISCLAIMER IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED.

Seizure Warning

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights associated with the Game Software and/or the Virtuix OmniTM or any accessories to either the Game Software or the Virtuix OmniTM, and including but not limited to any headset used with the Game Software. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Users of any third-party accessories to the Game Software, including but not limited to headsets, should carefully review all health and safety warnings and/or instruction from the manufacturer.

Indemnity

You will indemnify and hold harmless Virtuix Inc. and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of any Game Software, including claims made by any of your guests or customers associated with the access and use by any of your guests or customers, (ii) any acts and/or omission to act in using the Game Software pursuant to the terms of this OMNIVERSE EULA (iii) your Submissions, or (iv) your breach of any warranties or obligations made by you hereunder or your violation of any other provision of this OMNIVERSE EULA. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUIX INC. AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ANY CAUSES OF ACTION WITH RESPECT TO THIS OMNIVERSE EULA AND THE GAME SOFTWARE PROVIDED HEREUNDER OR ASSOCIATED WITH THIS OMNIVERSE EULA, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FOR THE AVOIDANCE OF DOUBT, VIRTUIX INC. AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANYONE FOR ANY AND ALL LOSSES RELATED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF GOODWILL, COMPUTER OR OPERATIONAL FAILURE OR MALFUNCTION, LOSS OF DATA OR ANY OTHER FORM OF DAMAGES (INCLUDING THOSE SET OUT IN THE PRECEDING SENTENCE) FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE GAME SOFTWARE. IN NO EVENT SHALL VIRTUIX, INC. AND/OR ITS AFFILIATES’ AND/OR ITS LICENSORS OR LICENSEES AGGREGATE LIABILITY TO YOU UNDER THIS OMNIVERSE EULA EXCEED THE PURCHASE PRICE OF THE COMPLAINED OF GAME SOFTWARE PAID BY YOU.  THIS SECTION AND THE PROVISIONS CONTAINED HEREIN ARE A CONDITION OF THIS OMNIVERSE EULA AND ARE THE ONLY POSSIBLE LIABILITY OF VIRTUIX, INC. AND/OR ITS AFFILIATES AND/OR ITS LICENSORS OR LICENSEES.

General Terms

Except as otherwise stated herein, this OMNIVERSE EULA constitute the entire and exclusive understanding and agreement between Virtuix Inc. and you regarding the Game Software, and this OMNIVERSE EULA supersedes and replaces any and all prior oral or written understandings or agreements between Virtuix Inc. and you regarding any Game Software.

To the maximum extent permitted by law, the construction validity and performance of this OMNIVERSE EULA  is governed by the laws of the State of Texas in all disputes arising out of or relating to the use of the  Game Software or the terms of this OMNIVERSE EULA. As a condition of your use of Game Software, you hereby consent to Texas law, including Texas’ choice-of-law provisions. You agree that all disputes you might bring or participate in as a party against Virtuix Inc., or any affiliated company, if any, shall be initially subject to mediation to occur in the State of Texas. In the event mediation is not successful, you then agree to engage in binding arbitration also to occur in Texas with each side bearing its own fees and costs. Mediation and binding arbitration are the exclusive dispute resolution forums you would have and you agree to these terms. If any of the provisions of this OMNIVERSE EULA are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term or provision in the OMNIVERSE EULA, so that this OMNIVERSE EULA shall remain in full force and effect.

You may not assign or transfer this OMNIVERSE EULA, by operation of law or otherwise, without Virtuix Inc.’s prior written consent. Any attempt by you to assign or transfer this OMNIVERSE EULA, without such consent, will be null. Virtuix Inc. may freely assign or transfer this OMNIVERSE EULA without restriction. Subject to the foregoing, this OMNIVERSE EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.

Virtuix Inc.’s failure to enforce any right or provision of this OMNIVERSE EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by the CEO of Virtuix, Inc. Except as expressly set forth in this OMNIVERSE EULA, the exercise by either party of any of its remedies under this OMNIVERSE EULA will be without prejudice to its other remedies under this OMNIVERSE EULA or otherwise.

Contact Us

Please contact us if you have any questions about this OMNIVERSE EULA.

 

Last revision: 7/25/2017