BAD AT REALITY – END-USER LICENSE AGREEMENT
Last Updated: July 14, 2020
IMPORTANT INFORMATION – PLEASE READ CAREFULLY:
We are Bad at Projects – a collaboration of artists who want to delight in the art world with you. We built and designed Bad at Reality, a mobile game application delivering an augmented reality (“AR”) experience using off-the-shelf software.
Have fun and stay safe while using Bad at Reality. Pay attention to your real-world environment including but not limited to other people, vehicles, moving objects, stairs, trip hazards, and impact hazards. Be good to other people and to yourself.
We artists need to stay safe too. To cover our tails, we use this End-User License Agreement to outline the terms and conditions for your use of Bad at Reality.
- Terms.
This End-User License Agreement (“EULA”) is a legal agreement between You (“User”) and Bad at Projects (“B@P”), to govern the use of the mobile game application Bad at Reality (“App”).
By clicking “Accept” in the App, User confirms agreement to be bound by the terms of this EULA. IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD, COPY OR INSTALL THE APP OR ANY PART THEREOF, AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
The EULA shall apply to any updates, supplements, and support services for the App. The EULA may be updated at any time and User has the responsibility to review the EULA prior to using the App and choose whether to accept to be bound to its terms and conditions.
- Limited License Grant.
Subject to User’s compliance with the EULA, B@P grants User a limited, nonexclusive, nontransferable, non-sublicenseable, revocable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for User’s own personal non-commercial purposes.
- Restrictions on Use.
User is not permitted to: (a) copy, modify, or create derivative works based on the App? (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party? (c) reverse engineer, decompile, or disassemble the App? (d) use the Software by itself or in conjunction with any other products or materials to infringe upon any third party’s rights, including without limitation third party’s intellectual property rights; or (e) make the functionality of the App available to multiple users through any means.
- Title and Ownership.
User acknowledges and agrees that at all times, B@P and its licensors will retain ownership of all proprietary rights in and to the App and AR spaces, and any copies thereof, including any copyright, patent, trade secret, trademark or other intellectual property rights therein, look and feel thereof, and any derivatives of the foregoing. B@P and its licensors reserve all rights that are not specifically granted to User hereunder.
- Feedback
B@P may solicit, or User may elect to volunteer, feedback, ideas or other suggestions regarding the App (“Feedback”). If User elects to provide any Feedback, User hereby assigns to B@P, all right, title and interest (including, without limitation, all intellectual property rights including patent rights, copyrights and trade secrets) in such Feedback. Without additional consideration, User agree to perform all acts reasonably necessary for B@P to perfect and enforce such rights.
- Privacy and Data Collection.
B@P does not independently collect any privacy information such as unique identifiers or personal information from User while using the App; however, the App is built using a third party game engine and AR Core/AR Kit, which are governed by the respective privacy policies of those companies. Through use of the App, User consents to the collection and use of information by those third parties, including the transfer of this information within and between the United States and/or other countries for storage, processing, and use.
- The App is built using the Unity game engine, which is provided by Unity Technologies, Inc. and governed by the Unity Privacy Policy.
- This App runs on Google Play Services for AR, which is provided by Google LLC and governed by the Google Privacy Policy. To power each use of the App, Google will process visual data from your camera.
- Add Apple Info here.
Third-party distribution channels for the App, such as Google Play and the Apple App Store, may also track usage of the App and use and disclose such information as described in the privacy policies of such channels. Such disclosure may include disclosure of App usage to B@P. This Agreement does not govern any such collection, use or disclosure, and we encourage User to read the posted privacy policy of these channels whenever interacting with their services. B@P is not responsible for the privacy practices of these channels.
User can stop collection of information by the game engine and AR platform by ceasing use and uninstalling the App.
- Technical Support
B@P may deploy changes, updates, or enhancements to the App at any time. B@P has no obligation to provide and will not provide maintenance or technical support for the App. User acknowledges that the App may contain bugs or errors. Use of the App is at User’s own risk. User acknowledges that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance and/or support services in connection with the App. User agrees that to the extent legally permitted under the applicable law, B@P shall not be responsible for any loss or damage to you or any other third parties caused by malfunction and failure of the App.
- Disclaimer of Warranties.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE APP, CONTENT, AND ANY SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, B@P EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. B@P MAKES NO WARRANTY THAT THE APP, CONTENT, OR ANY SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. B@P MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE APP, CONTENT, OR ANY SERVICES.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER B@P NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP CONTENT, OR ANY SERVICES WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE APP, CONTENT, OR ANY SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP, CONTENT, OR ANY SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, CONTENT, OR ANY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT B@P HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL B@P’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE APP, CONTENT, OR ANY SERVICES EXCEED THE LESSER OF THE TOTAL OF THE AMOUNTS PAID TO B@P DURING THE SIX (6) MONTHS PRECEDING USER’S CLAIM(S), OR $1. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN B@P AND USER.
- Third Party Claims.
B@P shall at its own expense and option defend or settle any claim brought by a third party that the App or User’s possession or use of the App infringes on any third party intellectual property rights provided that (i) User is in compliance with this EULA; (ii) User provides B@P with prompt written notice of any such action or claim; (iii) User permits B@P to assume and have sole control the defense and settlement of any such action or claim, at B@P’s election; and (iv) User provides B@P with reasonable assistance in connection with our defense and settlement of such claim.
If the App becomes, or in B@P’s opinion is likely to become, the subject of a third party claim of infringement or misappropriation of an intellectual property right, B@P may, at its own expense and option, elect to either: (i) procure for User the right to continue using the App under the terms of this Agreement; or (ii) replace or modify the App so that it is non-infringing and substantially equivalent in function to the infringing App; or if (i) and (ii) are not commercially practical, B@P shall, at its sole discretion, reclaim the App and terminate this EULA.
THIS SECTION STATES B@P’S ENTIRE LIABILITY, AND THE USER’S SOLE AND EXCLUSIVE REMEDIES, FOR ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR MISAPPROPRIATION OF THIRD PARTY TRADE SECRETS IN RELATION TO THE SOFTWARE AND/OR THE DOCUMENTATION.
- Termination.
The license to use the App is effective for an indefinite period of time, until B@P terminates it, or until User terminates it. Termination by User shall be considered complete upon removal of all copies of the App from User’s device(s) and discontinuation of use of the App. User’s rights under this license will terminate automatically without notice to User if User fails to comply with any of the provisions of this EULA. B@P reserves the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to User, at any time without notice. Upon termination of the license to the App, you will cease all use of the App. The provisions of Section 12 shall survive the termination of this EULA, howsoever caused, but this will not imply or create any continued right to use the App after termination of this Agreement.
- Governing Law.
This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of Illinois without reference to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for Cook County, Illinois, and the parties specifically consent to Cook County, Illinois, as the exclusive venue for any such proceeding.
- General.
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- Entire Agreement
This EULA constitutes the entire and exclusive understanding and agreement between B@P and User regarding the App and its content, and this EULA supersedes and replaces any and all prior oral or written understandings or agreements between B@P and User regarding the App and its content.
12.2 Severability
If any provision of this EULA is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of thus EULA will remain in full force and effect. User may not assign or transfer this EULA, by operation of law or otherwise, without B@P’s prior written consent. Any attempt by User to assign or transfer this EULA, without such consent, will be null. B@P may freely assign or transfer this EULA without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.3 Force Majeure
Neither B@P, any user, nor any other party involved in creating, producing, or delivering the App shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
12.4 Notice
Any notices or other communications provided by B@P under this EULA, including those regarding modifications to this EULA, will be given by posting to the internet and linked to from the App.
12.5 Waiver
B@P’s failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of B@P. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
12.6 Contact Information
If you have any questions about this EULA or the App, please contact Bad at Projects at {INSERT CONTACT}.