End User Licence Agreement (EULA)
Acceptance of this EULA
(a) You must carefully read this Agreement and should contact us with any questions or issues you have with it before your acceptance of it.
(b) You accept this Agreement if you:
- Use the Software; or
- otherwise indicate to us, whether directly or indirectly, that you accept this Agreement.
(c) By accepting this Agreement, you acknowledge and agree that:
- you have had a sufficient opportunity to read and understand it; and
- you agree to be bound by it.
(d) If you do not agree to this Agreement, do not accept it and do not proceed to use the Software.
2. Health and Safety is Your Responsibility
This game invokes a near-instant emotional reaction. Due to the nature of virtual reality, this experience can set you off-balance and/or affect your decision making. The following safety guidelines will reduce the risk of serious injury or harm.
- Ensure there are two adult supervisors who are alert and capable of catching you if you lose balance.
- Do not run or jump off the plank.
- Pick an activity space clear of any objects in your surroundings and keep a clear buffer around your space.
- Establish a no pushing or provoking rule that is enforced and taken seriously.
If you cannot follow these safety guidelines, please do not use this software until you are prepared.
Please read the hardware instruction manual that came with the VR headset.
The plank walk feature is designed for ages 13+. If you are under the age of 18, please have this safety guide and EULA reviewed and agreed to by your parent or legal guardian.
TOAST VR PTY LTD DOES NOT TAKE RESPONSIBILITY FOR ANY INJURY OR DAMAGE CAUSED BY YOUR ACTIONS WHILE PLAYING. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS GAME.
4. Limited Licence to Use Richie’s Plank Experience
Toast VR hereby grants you a personal, non-transferable, non-exclusive licence to use the Richie’s Plank Experience software on your devices in accordance with the terms of this EULA agreement.
You are not permitted to:
– Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
– Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
– Allow any third party to use the Software on behalf of or for the benefit of any third party
– Use the Software in any way which breaches any applicable local, national or international law
– use the Software for any purpose that Toast VR considers is a breach of this EULA agreement
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS GAME IS AT YOUR SOLE RISK. THIS GAME, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS GAME IS PROVIDED BY TOAST VR ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOAST VR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER TOAST VR NOR ANYONE ASSOCIATED WITH TOAST VR REPRESENTS OR WARRANTS THAT THE GAME, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE GAME, OR ELECTRONIC COMMUNICATIONS SENT FROM TOAST VR REGARDING THE GAME WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TOAST VR, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THIS EULA OR (B) THE USE OF OR INABILITY TO USE THE GAME OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Toast VR, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of this game.
8. Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Queensland, Australia.
This Agreement is governed by the law in force in the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
(a) If a dispute arises out of or relates to this Agreement (Dispute) a party to the Agreement may not commence arbitration proceedings relating to the Dispute under clause 9 unless it has complied with this clause, except where the party seeks urgent interlocutory relief.
(b) A party claiming that a Dispute has arisen must give a Notice (Dispute Notice) to the other party or parties to this Agreement specifying the nature of the Dispute. The parties must then negotiate in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed to by them.
(c) If the Parties do not resolve the Dispute within fourteen days of receipt of the Dispute Notice (or such further period as agreed in writing by them) any party to the Dispute may refer the Dispute to mediation by a mediator nominated by the President or the nominee of the President for the time being of the Queensland Law Society Incorporated.
(d) Each party must bear its own costs in connection with resolving the Dispute and the Parties must bear equally the costs of any mediator engaged.
(e) Any information or documents disclosed by a party under this clause must be kept confidential and may not be used except to attempt to resolve the dispute.
(a) Any dispute, controversy or claim that is unresolved under clause 8, that arises out of or in connection with this Agreement, including any question regarding its existence, validity or termination, will be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force, which are deemed to be incorporated by reference in this clause. The number of arbitrators will be one. The language to be used in the arbitral proceedings will be English.
(b) If you are located in Australia or New Zealand, the arbitration will be administered by the Australian Centre for International Commercial Arbitration (ACICA). The appointing authority will be ACICA. The place of arbitration will be Brisbane, Australia.
(c) If you are not located in Australia or New Zealand, the arbitration will be administered by the Singapore International Arbitration Centre (SIAC). The appointing authority will be SIAC. The place of the arbitration will be Singapore.
11. Changes to this EULA
This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect. You warrant that it has not relied on any representation made by Toast which has not been stated expressly in this Agreement.
We may revise and update this EULA from time to time at our sole discretion. All changes are effective immediately when we post them. If you continue to use our game, following the posting of a revised EULA, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.
Your Comments and Concerns
If you have any questions about Richie’s Plank Experience or this EULA, please contact us at firstname.lastname@example.org