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Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
• App means the software program provided by the Company downloaded by You on any electronic device. • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)
refers to Learnroll LLC, 20 Wythe Ct, NJ 08502.
• Product(s) that are software product application or services commercialized or marketed via our own
websites or marketplaces
• Service refers to the Application available as a service.
• Key refers to a one time key generated to be used for a single installation.
• You means the individual accessing or using the Service, or the company, or other legal entity on
behalf of which such individual is accessing or using the Service, as applicable.
• The Software Product means final platform licensed or available to end user.
The SINGLE USER LICENSE copy of Classimmerse ("The Software Product") and each application module downloaded as Application(“App”) or available using a Key(“Key”) accompanying documentation(for each separate application) is licensed separately under an EULA agreement and not sold. This Software Product is protected by U.S copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.
Learnroll is a USPTO registered trademark 6338636 (Serial no 90058668) owned by Learnroll LLC or its subsidiaries, affiliates, and suppliers (collectively using DBA "Learnroll Immerse") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
Early Access Version Early Access Code. The Product or any portion thereof may be identified as early access beta code (“Beta Code”). Such Beta Code is not complete functionally and may be not at the level of performance and compatibility of the final Product. The Early access Code may not operate correctly and may be substantially modified. The grant of license to use Early access Code is limited and may expire or be unavailable upon availability of the Production version released.
License Grant The Software modules available are early access versions and some only work on specific devices like official Meta Quest/Quest 2 Hardware Device (Supported Countries). Meta is a trademark of Facebook /Meta Technologies. Additional Products under “Classimmerse” may be available in various devices with separate EULA agreements for each release. The software is available as a “Download” directly using sideloading process currently. The software is distributed as an Android APK (Android Packaging File). (Executable Application File). (Each early access release file may have a version of Build Date, Time, Version and Known Issues/Bugs in the Release Notes accompanying the software). The software may be available as a ‘Key” based installation process in future. The “Sideloaded” early access versions require internet connection for download purpose only. Users must follow Installation Guidelines as per the Installation document accompanying the software. After the software is installed, the application does not need internet access enabled on your Quest/Quest 2 device.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival/backup copy of the Software Product.
The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
For further information regarding multiple copy licensing of the Software Product, please contact: Representative: Attn : Sushmita Chatterjee
Registered Address: 20 Wythe Ct Belle Mead, New Jersey 08502
E-mail Address: email@example.com
Restrictions on Transfer Without first obtaining the express written consent of Learnroll Immerse, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
Restrictions on Alteration You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Limited Software Product Warranty For a period of 14 days from the date of shipment or from the date that you download the Software Product, as applicable. The product once downloaded Learnroll Immerse warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
Third Party Programs. The Software may contain third party programs, libraries, SDK, API etc. The license terms with those programs apply to your use of them.
Consent to use of Data. You agree that Licensor and/or its affiliates may collect and use technical information you provide as a part of support services, if any, related to the Product. Licensor agrees not to use this information in a form that personally identifies you.
Update License Terms. All updates shall be considered part of the Product and subject to the terms and conditions of this Agreement. Additional license terms may accompany Updates, as defined above. By installing, copying, or otherwise using any Update, you agree to be bound by the terms accompanying each such Update. If you do not agree to the additional license terms accompanying such Updates, you should not install, copy, or otherwise use such Updates.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY LEARNROLL IMMERSE, LEARNROLL IMMERSE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Learnroll Immerse makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Learnroll Immerse makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. LEARNROLL IMMERSE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL LEARNROLL IMMERSE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF LEARNROLL IMMERSE OR ANY OTHER PARTY, EVEN IF LEARNROLL IMMERSE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS LEARNROLL IMMERSE'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Learnroll Immerse. Learnroll Immerse reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Learnroll Immerse is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product based on Returns and Refund Policy. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Learnroll Immerse to have been caused by you.
All limited warranties on The Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Learnroll Immerse harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs This Agreement is governed by the laws of New Jersey, without regard to New Jersey's conflict or choice of law provisions.
Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.