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.
INCUVO Spółka Akcyjna [Joint-stock Company], a company established under the laws of Poland with its seat in Katowice, address: Ligocka 103, 40-568 Katowice, Poland (“INCUVO”), provides you with license to use the “Green Hell VR” (“Software”) subject to the following end user license agreement (“EULA”).
This EULA constitutes a binding and enforceable legal license contract between you and INCUVO. 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.
If you have any queries concerning this EULA or the Software, you can contact us in writing or by following e-mail: firstname.lastname@example.org
You hereby acknowledge that all intellectual property rights in the Software, including but not limited to copyright, patents, trademark rights, know-how, belong to INCUVO. INCUVO 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, INCUVO 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);
shall apply without any territorial restrictions;
does not authorise you to sub-license or transfer a licence to a third party without INCUVO'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).
You may not copy, modify, decompile, reverse engineer (however, subject to mandatory provisions of law that allow you to do so), derive source code or disassemble the Software in whole or in part, attempt in any manner to circumvent security measures which enables INCUVO 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 INCUVO's prior written consent.
TERM AND TERMINATION
This EULA is effective until terminated hereunder.
INCUVO may terminate this EULA with an immediate effect, without incurring any liability, if you materially breach the provisions of section 2 of this EULA.
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.
INCUVO 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.
INCUVO 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://ec.europa.eu/consumers/odr/ (ODR platform). INCUVO 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 INCUVO individually.
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.
INCUVO 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 INCUVO’s business policy. In any case INCUVO 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 INCUVO 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.
NIP (VAT ID number): PL6342805589
Shared capiyal: 7 142 252,50 PLN (paid in full)
Ligocka 103, Katowice 40-568
All rights reserved © INCUVO SA 2012 - 2022
40-568 Katowice, Poland (PL)
NIP (VAT ID number): PL6342805589
7 142 252,50 PLN (paid in full)