End User License Agreement – Mobile Apps
This End User License Agreement (“Agreement”) is entered into by and between California Closet Company, Inc. (“CCC,” “Us” or “We”) and you (“You” or “Your”), and governs Your use of the CCVirtualHomes (Apple iPad & iPhone, Android versions) virtual reality applications (“App”). If You are entering into this Agreement on behalf of a corporation or other form of business, You hereby confirm that You are authorized to enter into this Agreement on such corporation’s or other business’ behalf and to bind the corporation or other business to the terms, conditions and obligations set forth in this Agreement.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE APP, YOU AGREE TO ALL TERMS, CONDITIONS AND POLICIES CONTAINED OR REFERENCED IN THIS AGREEMENT. YOU FURTHER AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. THIS APP IS LIMITED TO RESIDENTS OF THE UNITED STATES, CANADA AND MEXICO. BY INSTALLING AND USING THE APP, YOU CONFIRM THAT YOU ARE A RESIDENT OF THE UNITED STATES, MEXICO OR CANADA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APP.
- Changes to this Agreement.CCC reserves the right to revise any portion of this Agreement in its sole discretion at any time and without prior notice to You by updating this posting, such changes to be effective prospectively. Thus, You should check this page periodically for changes. If You disagree with any changes to this Agreement, Your sole remedy is to discontinue Your use of the App. Your continued use of the App after a change has been posted constitutes Your acceptance of the change thereafter.
- App. Through the App You will have the ability to access certain virtual reality rooms or spaces (each a “VR Scene”). The App will download certain content associated with the VR Scene that You choose to access. You acknowledge and agree, however, that the App will automatically make unavailable from your mobile device any downloaded VR Scene and associated content after the App is closed or disconnected for any reason or if the VR Scene or content is removed or no longer available in the App. The App may auto-configure Your experience in the App based on Your mobile device capability and may not work with all mobile devices or headsets. The performance of a VR Scene will vary based on Your mobile device and headset used to view the VR Scene.
- Grant of Limited Use License. Subject to the terms and conditions of this Agreement, CCC hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the App for lawful purposes solely for downloading and displaying each VR Scene, and only on a VR-capable mobile device that You own or control (and, in the case of an Apple device, only on an iPad or other Apple device that You own or control as permitted by Apple’s App Store Terms of Service). Except as expressly set forth in this Agreement, You shall not, directly or indirectly, in whole or in part: (a) copy the App, except for downloading the App from an authorized distribution channel, such as the Apple App Store or Google Play, onto Your VR-capable mobile device as authorized under the license granted under this Section 4; (b) copy any VR Scene, except for downloading the VR Scene from the App as authorized under the license granted herein; (c) access or use any CCC API associated with the App in any manner other than through the App itself; (d) cause or permit any, whether in whole or in part, reverse engineering, decompilation, modification, translation or disassembly of the App or any VR Scene or content; (e) extract, or attempt to extract, in whole or in part, any VR Scene or content from the App; (f) sell, rent, sublicense, distribute, disclose, publish, assign or otherwise transfer any rights in the App; (g) modify, or create derivative works based upon, the App or any VR Scene or content; (h) permit any third-party to benefit from the use or functionality of the App via a timesharing, service bureau or similar arrangement; or (i) take any action or omit to act in any way that would interfere with or disrupt the integrity or performance of the App or any VR Scene, or adversely affects CCC’s right, title or interest in or to the App or VR Scenes. Without limiting the generality of the foregoing, You may not: (i) host any digital copy of any VR Scene or content in any place other than the App; or (ii) redistribute any digital copy of any VR Scene or content for any purpose. You acknowledge that the software code underlying the App and each VR Scene is the exclusive confidential and proprietary information of CCC or its licensor.
- Term. The term of this Agreement, including, without limitation, the license granted in Section 4, continues until this Agreement is terminated by either party. You may terminate this Agreement at any time by discontinuing use of, and deleting all copies of, the App and every VR Scene. This Agreement terminates automatically if You fail to comply with any of the terms of this Agreement. Upon any termination of this Agreement, You must immediately cease all access to and use of the App and every VR Scene and uninstall the App from all of Your devices.
- Ownership. CCC and/or its licensors are the sole owners of all proprietary rights in and to the App, every VR Scene, and content, and any and all copies thereof, including, without limitation, any copyright, patent, trade secret, trademark or other intellectual property rights in the App, every VR Scene and Content, the look and feel thereof, and any derivatives of thereof. CCC and its licensors reserve all rights that are not specifically granted to You under this Agreement.
- No Warranty. THE APP IS PROVIDED “AS IS.” CCC MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS, ON BEHALF OF CCC AND ITS LICENSORS, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CCC MAKES NO WARRANTY THAT THE APP WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE APP WILL MEET YOUR REQUIREMENTS. Some or all of the foregoing exclusions or limitations may be void in some jurisdictions and, therefore, may not apply to You. If You downloaded the App through the Apple App Store and the App fails to conform to any warranty required under applicable law, You may notify Apple, and Apple will refund the purchase price for the App to You; provided, however, that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty required under applicable law will be CCC’s sole responsibility.
- Technical Support. CCC may, but is not obligated to, provide maintenance or other technical support for the App. CCC may make changes to the App at any time without prior notice to You. Nothing in this Agreement obligates CCC to support or provide You with updates or error corrections to the App. To the extent that any technical support for an App downloaded from a third-party distribution channel is required by applicable law, CCC, not the third-party distribution channel, shall be obligated to furnish any such support.
- Indemnification; Claims.
(a) CCC. CCC shall not be obligated to indemnify, defend or hold You harmless with respect to any third-party claims arising out or relating to the App, including, without limitation, any claims for intellectual property infringement. Nothing in this Agreement shall be deemed an admission that any such claims may arise. To the extent CCC is required by applicable law to provide indemnification relating to an App downloaded from a third-party distribution channel, CCC, not the third-party distribution channel, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim. CCC, not the third-party distribution channel, is responsible for addressing any of the following claims by You relating to downloads of the App from third-party distribution channels: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You may have any such claims.
(b) You. You shall indemnify, defend and hold the CCC Parties (as defined below in Section 11) harmless for, from and against any and all liability, losses, costs, expenses, damages, taxes, penalties, fees, fines, interest, actions, demands, threats, judgments, and other obligations of any kind, including, without limitation, attorneys’ fees, expert witness fees and costs, incurred by any of the CCC Parties in connection with any claim, including, without limitation, claims for defamation, violation of rights of publicity or privacy, copyright infringement, trademark infringement, or the violation of any other law, regulation, ordinance, court order, or other requirement, or right of any third-party, arising out of or in connection with Your use of the App; any use or alleged use of your account or your passwords by any person, whether authorized by You; Your connection to the CCC Parties or its vendors; or Your violation of this Agreement. The CCC Parties hereby reserve the right to assume the exclusive defense and control, at Your sole expense, of any matter for which You are required to indemnify the CCC Parties and You agree to cooperate with the CCC Parties’ defense of these claims.
- Limitation of Liability. IN NO EVENT WILL CCC, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS (INDIVIDUALLY AND COLLECTIVELY, “CCC PARTIES”) BE LIABLE TO YOU, YOUR HEIRS, ESTATE, EXECUTORS OR REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, “YOUR PARTIES”) FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF ANY OF THE CCC PARTIES UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID TO CCC BY YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500.00. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to You.
- Health and Safety Warnings. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT OR PROPERTY DAMAGE, YOU SHALL ENSURE THAT, BEFORE USING THE APP, ALL USERS OF THE APP READ CAREFULLY ALL HEALTH AND SAFETY WARNINGS PROVIDED TO YOU BY THE MANUFACTURER OF YOUR VR-CAPABLE MOBILE DEVICE AND/OR VR HEADSET.
- Notice to United States Government End Users. If You are the U.S. Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government and are licensing the App for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, You acknowledge that by installing and using the App, the App qualifies as commercial computer software and that any associated documentation qualifies as commercial computer software documentation within the meaning of the applicable acquisition regulations. The terms and conditions of this Agreement are fully applicable to the Government’s use and disclosure of the App and associated documentation, and shall supersede any conflicting terms or conditions.
- Compliance with Law. You represent and warrant that: (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties. You may not export, re-export, import, or transfer the App in violation of any applicable export laws or regulations, and You may not assist or facilitate others in doing any of the foregoing. You acknowledge that it is Your responsibility to comply with any and all applicable export and import laws.
- Governing Law; Venue; Jurisdiction. This Agreement shall be governed by, construed and enforced under the laws of the state of California, without regard to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties under this Agreement shall be conducted exclusively before the state and federal courts in and for Contra Costa County, California, and the parties specifically consent to Contra Costa County, California, as the exclusive venue for any such proceeding and hereby waive any defense or objection thereto. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Contact. If You have any questions regarding the App or this Agreement, please contact us at firstname.lastname@example.org or at 1414 Harbour Way S., Suite 1750, Richmond, CA 94084.
You hereby acknowledge that You have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying or using the App, You are acknowledging Your agreement to be bound by the terms and conditions of this Agreement.