This End User License Agreement (this “EULA”) is a binding agreement between you (“End User” or “you”) and Vast Space, LLC (“Company”). This EULA governs your use of Company’s virtual reality application referred to as Vast Haven-1 VR (the “App”). The App is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND DELETE IT FROM YOUR VR DEVICE, IF DOWNLOADED.

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CAUTION: READ THIS INFORMATION BEFORE USING THE APP.

• The App is an immersive virtual reality simulation using a virtual reality headset.
• Virtual reality simulations can cause loss of spatial awareness and balance, disorientation, eye strain, and other negative effects. Always be careful when using the App and do not use it if you have any physical or mental condition or other circumstance that may make its use unsafe.
• You should only use the App:
  
  • in a stable, seated position where your arms may move freely without risk of contacting objects; 
  • after reading the VR device’s instructions and warnings;
  • not while under the influence of drugs or alcohol; and
  • not for long periods of time.
• Immediately stop using the App if you experience any dizziness, nausea, seizures, or any other adverse condition or effect and seek medical attention if necessary.

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1. App Distributor. Company generally uses the services of a third-party app or software store or other software application distributor to make the App available. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor’s terms and conditions that conflicts with the legal matters regulated in this agreement, the distributor’s terms and conditions take precedence unless they provide that this EULA prevails on the issue.
2. License Grant. Subject to the terms of this EULA, Company grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the App for your personal, non-commercial use on a single device compatible with the App and owned or otherwise controlled by you (the “Device”) strictly in accordance with the App’s documentation accompanying the App or otherwise made available to you by Company. 
3. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not: 
   
   1. copy the App or any of its content, except as expressly permitted by this EULA;
   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
   6. use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
   7. use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this EULA, without Company’s prior written consent;
   8. frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other application, website, or service;
   9. use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App; 
   10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or 
   11. use the App while under the influence of drugs or alcohol or otherwise in a reckless or knowingly unsafe manner.
4. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this EULA, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, in this EULA. Except as expressly granted to you in this EULA, Company and its licensors reserve their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights relating thereto.
5. Collection and Use of Your Information. You acknowledge and accept that, Company may use, share, and process your information collected from or related to your download, installation, or use the App in accordance with its Privacy Policy. 
6. Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. All Updates will be deemed part of the App and subject to all terms and conditions of this EULA.
7. Term and Termination.
   
   1. The term of EULA commences on the earliest of your downloading, installing, or using the App and will continue in effect until terminated by you or Company as set forth in this 7.
   2. You may terminate this EULA by deleting the App and all copies thereof from your Device.
   3. Company may terminate this EULA at any time without notice, including if it ceases to support the App, which Company may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA.
   4. Upon termination:
      
      1. all rights granted to you under this EULA will also terminate; and
      2. you must cease all use of the App and delete all copies of the App from your Device.
   5. Termination of this EULA will not limit any of Company’s rights or remedies at law or in equity.
8. Disclaimer of Warranties. THE APP IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR ANY OF THE EMPLOYEES, OFFICERS, DIRECTORS, OR CONTRACTORS OF THE FOREGOING HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING WITHOUT LIMITATION FOR:
   
   1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
   2. DIRECT DAMAGES IN AMOUNTS THAT, IN THE AGGREGATE, EXCEED $5 USD. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

10. Indemnification. You agree to indemnify, defend, and hold harmless Company and its affiliates and its and their officers, directors, employees, agents, successors, and assigns from and against any and all third party losses, damages, liabilities, deficiencies, actions, claims, demands, causes of action, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind, including attorneys’ fees, arising from or relating to your download, installation, or use or misuse of the App or your breach of this EULA.
11. Apple Store Terms. If you downloaded the App through Apple’s App Store, then this Section 11 applies. You acknowledge that this EULA is between you and Company only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for third party claims that the App and/or your possession and use of the App infringes third party intellectual property rights, including their investigation, defense, settlement, or discharge. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right as a third party beneficiary of this EULA (and will be deemed to have accepted the right) to enforce this EULA against you. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Export Regulation. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
13. US Government Rights. The App is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors. 
14. Severability; No Assignment. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original terms and all other provisions of this EULA will continue in full force and effect. You may not assign this EULA or any of the rights granted in the EULA to a third party and any such purported assignment is void.
15. Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the App shall be instituted exclusively in the federal and state courts located in Los Angeles County in the State of California. You consent to, and waive any and all objections to the exercise of, jurisdiction over you by such courts and to venue in such courts. This section will apply to you except to the extent limited by applicable law.
16. Limitation of Time to File Claims. EXCEPT AS MAY BE LIMITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Entire EULA. This EULA constitutes the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App. 
18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. 
19. Modification. Company may revise and update this EULA from time to time and in our sole discretion. All changes are effective immediately upon posting the updated EULA and apply to all access to and use of the App thereafter. Certain provisions of this EULA may be supplemented by legal notices or terms located on screens within or presented by the App.
20. Contact. The App is offered by Vast Space, LLC. Questions, complaints, and claims regarding the App or this EULA may be directed to design@vastspace.com. 

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