Fibrum Software End User License Agreement
4. Limitation of Liability
5. Updates/New Versions of the Software
7. Termination of License
1.1. This Fibrum Software End User License Agreement (hereinafter – “License”)sets forth terms and conditions of use for the following software: Roller Coaster VR, Crazy Swing VR, Air Race VR, Froggy VR, Mad Race VR, Western VR, Zen VR, Zombie Shooter VR, Zombie Warfare, ZorBowling VR, VR Cinema, To the Earth's core!, Blockbuster VR, Aquadrome VR, Gravity Train VR, Mission Leviathan VR, Sky Runners VR and other FIBRUM apps (hereinafter, individually or collectively – “Software”) and is concluded between any individual using the Software (hereinafter – “User”), and Fibrum Limited located at 12 Kennedy Avenue, Kennedy Business center, 5th Floor, Office 5 P.C. 1087, Nicosia, Cyprus (hereinafter – “Rightholder”)
1.2. By copying and installing the Software on his/her personal device the User expresses his/her complete and express acceptance of these terms. The Software may be used under the terms of this License only. If the User fails to accept the terms of this License in full, the User shall not be entitled to use this Software for whatever purposes. Any use of the Software in violation (contravention) of any terms of this License is prohibited.
1.3. This License and all relationships in connection with use of the Software shall be subject to applicable law of the Russian Federation and any claims or actions arising out of this License or use of the Software shall be brought in and considered by a competent court residing at the location of the Rightholder.
1.4. The text of this License is an English translation from the License in Russian, therefore in case of any conflict between the terms and conditions of this English version of the License and the License in Russian, the Russian version of the License shall take precedence and prevail.
2.1. The Rightholder grants the User a nonexclusive, fully paidup and royaltyfree, worldwide, nontransferable right to use the Software solely for personal noncommercial purposes by way of copying and installing (reproducing) the Software onto the User’s personal device(s) and using the Software for its main functional purpose.
3.1. Except for use within the scope and by means directly permitted by this License or applicable laws, the User shall not, without the written consent from the Rightholder, modify; decompile; disassemble; decrypt and/or perform other actions aimed at obtaining source codes of the Software and/or information on the implementation of the algorithms used in the Software; create derivative works with the use of the Software, as well as use (or allow to use) the Software in any other way.
3.2. The User shall not, without the written consent from the Rightholder, reproduce, distribute and make the Software available to the public in any form and by any means, not directly permitted by this License, including within the compilation of software products, with the offering of other programs, settings and other products, regardless of purposes of such use.
3.3. The User explicitly agrees that he/she shall not use the Software by any means for the purposes of gaining profit and/or advertising/promoting other products and/or services, in particular, by publicly displaying and/or otherwise publicly demonstrating features of the Software, including audiovisual images created by the Software, for fee or free of charge, and the User shall not use the Software as described herein.
3.4. The Software shall be used under the name assigned to it by the Rightholder. The User may not change the name of the Software, alter and/or remove copyright notices or other references to the Rightholder.
4.1. The Software is provided with no warranties and «as is». The Rightholder gives no warranties for errorfree and uninterrupted work, fitness for any particular purpose and expectations, noninfringement of any thirdparty intellectual property or other rights; as well as no other warranties of any kind, express or implied.
4.2. To the fullest extent permitted by applicable laws, the Rightholder shall not be liable for any direct or indirect consequences of any use or inability to use the Software and/or damages caused to the User and/or third parties as a result of any use or inability to use the Software, including as a result of possible errors or failures of the Software.
5.1. The Software may automatically download and install updates from time to time, which are aimed to enhance the Software and which can be in the form of patches, additional modules and fully new versions of the Software. The User is hereby notified and agrees that the Software may update automatically, which includes requesting, downloading and installing updates for the Software onto the User’s device(s) with no further notice.
5.2. This License shall apply to all future updates/new versions of the Software. The installation of an update/new version of the Software shall be deemed as an acceptance of the terms and conditions of this License by the User for respective updates/new versions of the Software, unless the update/new version of the Software is accompanied by other license agreement
6.1. The Rightholder may amend this License unilaterally. The User may track amendments to this License at fibrum.com/fibrum_eula_eng.pdf. Amendments to this License shall become effective upon their publication, unless otherwise set out in the respective publication
7.1. The Rightholder may terminate this License any time by sending the User a oneday prior notice.
7.2. In case the User breaches any term of this License, the License immediately terminates, with no further action from the Rightholder required.
7.3. In case of termination of the License for any reason, the User shall immediately cease using the Software and shall have no right to use the Software further