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GAROU INC. ("GAROU") LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE, AND YOU SHOULD RETURN IT TO GAROU.
THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND GAROU. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSALS, REPRESENTATIONS OR UNDERSTANDINGS YOU MAY HAVE HAD WITH GAROU RELATING TO THE SOFTWARE.
Assent to Be Bound
By clicking the "Download Now" button, by executing a written copy of this Agreement or by installing, copying or otherwise using this Software, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software. Contact GAROU to arrange the return of the Software and accompanying materials.
THE BETA SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON THE SOFTWARE’S PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
You agree that, unless otherwise specifically provided herein or agreed by GAROU in writing, the Software and the documentation, including the design and structure of the Software, provided to you by GAROU constitute confidential proprietary information of GAROU. You shall permit only authorized persons (those in your company who have submitted and verified their email address) to use the Software or to view the documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of GAROU. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Software and documentation provided to you by GAROU. You will use your best efforts to cooperate with and assist GAROU in identifying and preventing any unauthorized use, copying or disclosure of the Software, documentation or any portion thereof.
It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do so, provide to GAROU reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). If you provide Feedback to GAROU, you shall grant GAROU the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license and create derivative works of the Feedback as part of any GAROU product, technology, service, specification or other documentation (individually and collectively, "GAROU Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any GAROU Product; (iii) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by you that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the Feedback or portion thereof incorporated into a GAROU Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require GAROU to comply with any additional obligations with respect to any GAROU Products that incorporate any Feedback.
In order to use the Software, you may be required to provide personal information that may include your name, telephone number, email address and other identifying information. We will not share your personal information with any unaffiliated third parties except in accordance with the law, such as in response to a subpoena, warrant or other governmental request, if we believe it is necessary to protect GAROU’s rights or the rights of any third party, in the event of a sale, merger, or acquisition or if you consent to such disclosure.
GAROU may use your personal information to contact your or send you information, either via email, regular mail, telephone or SMS text messaging for the purposes of obtaining or clarifying your Feedback.
GAROU has security measures in place to protect the loss, misuse and alteration of your personal information under GAROU’s control. GAROU makes no guarantees or warranties with respect to the effectiveness of such security measures.
Grant of License
Subject to the terms and conditions of this Agreement, GAROU hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) to use the Software in accordance with the documentation solely for purposes of internal testing, evaluation and providing Feedback.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of the Software or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) copy the Software except as provided in this Agreement or elsewhere by GAROU; (c) separate the Software, which is licensed as a single product, into its component parts; (d) sublicense or permit simultaneous use of the Software by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code of the Software; (f) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement or otherwise transfer rights to the Software; you may NOT transfer or share the Software under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels; (h) publish any results of any tests run on the Software to a third party without GAROU’s prior written consent; or (i) allow unauthorized persons to use the Software or to view the documentation.
Beta Software Product Support
GAROU may, but is under no obligation to, provide technical support under the terms of this EULA and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
Ownership and Copyright of Software and Equipment
Title to the Software and all copies thereof remain with GAROU. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. You will not remove copyright notices from the Software. You agree to prevent any unauthorized copying of the Software. Except as expressly provided herein, GAROU does not grant any express or implied right to you under any GAROU patents, copyrights, trademarks or trade secret information.
GAROU retains all right, title and interest in any hardware and other tangible items provided to you for beta testing purposes, including but not limited to computers, virtual reality headsets and controllers and parts thereof.
Your rights with respect to the Software will terminate upon the earlier of (a) the initial commercial release by GAROU of a generally available version of the Software or (b) six months after the last date you receive the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to GAROU (or, at GAROU’s request, destroy) the Software, documentation and all hardware and tangible items that you received from GAROU for beta testing purposes.
THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND GAROU DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, GAROU EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
Limitation of Liability
Provision of the Software under this Agreement shall not create any obligation for GAROU to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to you or to any other party.
GAROU’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR INSTALLATION OR USE OF THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO GAROU BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IN NO EVENT SHALL GAROU BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF GAROU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the federal or state courts situated within New York City. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
You acknowledge that the Software is of U.S. origin. Recipient agrees to comply with all applicable national and international laws that apply to Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments.
This Agreement constitutes the complete, exclusive and entire agreement between you and GAROU with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by you and an authorized representative of GAROU.
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Copyright © 2020 GAROU Incorporated, all rights reserved. GAROU is a trademark of GAROU Incorporated. The Software is based on technologies that may be the subject matter of a number of pending patent applications.