End User License Agreement

MovieRide FX – End User License Agreement (“EULA”)

 

1. The Products transacted through the Service are licensed, not sold, to you the User, for use only under the terms of this End User License Agreement (“EULA” or “License”). The Licensor (“Application Provider”) reserves all rights not expressly granted to the User. The Product that is subject to this License is referred to as the “Licensed Application”.

 

2. The Application Provider and the User acknowledge that the EULA is concluded between them, and not with Apple, and the Application Provider, not Apple, is solely responsible for the Licensed Application and the content thereof. The EULA shall not have usage rules which are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective Date, which the Application Provider acknowledges having had the opportunity to review.

 

3. The Application Provider and the User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the User as a third party beneficiary thereof.

 

4. The License granted to the User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any iPad, iPhone or iPod touch that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. This License does not allow the User to use the Licensed Application on any iPod touch, iPhone or iPad that the User does not own or control, and the User may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The User may not rent, lease, lend, sell, redistribute or sub-license the Licensed Application.

 

5. This Product, the MovieRide FX video and application (the “Licensed Application”) is brought to you by Waterston Entertainment Limited (the “Application Provider” or “Developer”). MovieRide FX is offered to the User for private entertainment purposes only.

 

6. The Licensed Application is the copyright, trade mark and patent of Waterston Entertainment Projects (Pty) Ltd (the “IP Holder”). The Licensed Application is protected under the South African Copyright Act of 1978 (and its successor), the Berne Convention (and its successor) and all other applicable international copyright laws. The Lisensed Application has international patent protection with patent pending numbers: ZA2013/03191 and PCT/ZA2014/00023, filed at the Company and Intellectual Property Commission in South Africa (“CIPCSA”) and all other applicable international patent laws. The Licensed Application has international trade mark protection with application numbers: 2013/08429 and 2013/08440 filed at the CIPCSA and serial number: 86023169 filed at the United States Patent and Trademark Office (“USPTO) and all other applicable international trade mark laws. No part of the Licensed Application may be copied, reproduced or changed in any format or by any means and sold or used in any way whatsoever other than what is outlined and contained within the content, function and use of the Licensed Application. ALL applicable intellectual property rights are reserved.

The User agrees not to use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application. No part of the Licensed Application or derivative works may be copied, changed, modified, reproduced, created, rented, leased, loaned, sold or distributed, in any format or manner. And the User shall not exploit the Licensed Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

The User further agrees not to use the Licensed Application in any manner to harass, abuse, stalk, threaten, defame, harm or otherwise infringe or violate the rights of any other party; and that the Application Provider is not in any way liable or responsible for any such use by the User, nor for any harassing, threatening, defamatory, offensive, explicit, indecent, inappropriate, objectionable or illegal messages or transmissions that the User may send or receive as a result of using the Licensed Application.

 

7. The User may not copy (except as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Licensed Application and any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If the User breaches this restriction, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by the Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

8. In the event of any third party claim where it is claimed that the Licensed Application or the User’s possession and use of the Licensed Application infringes a third party’s intellectual property rights, the Application Provider, not Apple, will be solely liable and responsible for the investigation, defense, settlement and discharge of any such intellectual property right infringement claim.

 

9. All content from the Licensed Application through visual, audio or written means are the sole opinions of the Application Provider and its officers, employees, contractors, agents and representatives involved in the making of this video and application.

 

10. As in all cases, Users should never take any content from this Licensed Application or any other video and application at face value and should always apply their own mind and/or do their own due diligence on any viewed material to form their own opinions and judgments. And where applicable competent professional advice should always be sought before taking action of any kind.

 

11. All Licensed Application website listings and links are for information purposes only and are not warranted for content, accuracy, quality, performance, effectiveness, applicabilty or any other implied or explicit purpose.

 

12. Whilst the Application Provider has used its best efforts in the production and development of the Licensed Application, the Application Provider and its officers, employees, contractors, agents and representatives give no warranties or representations and the User expressly acknowledges and agrees that the use of the Licensed Application is at his/her sole risk and that the entire risk as to satisfactory quality, performance, accuracy, effectiveness and applicability is with them.

The content of the Licensed Application is strictly for private entertainment purposes only. If the User wishes to use or apply information, concepts or ideas contained in the Licensed Application, it is done at their own risk.

To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application (“Licensed Application Services”) are provided “as is” and “as available”, with all faults and without warranty of any kind. The Application Provider hereby disclaims all warranties and conditions with respect to the Licensed Application and any Licensed Application Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. The Application Provider does not warrant against interference with the User’s enjoyment of the Licensed Application, that the functions contained in or services performed or provided by the Licensed Application will meet the User’s requirements, that the operation of the Licensed Application or Licensed Application Services will be uninterrupted or error-free or that defects in the Licensed Application or Licensed Application Services will be corrected. No oral or written information or advice given by the Application Provider or its authorized representatives shall create a warranty. Should the Licensed Application or the Licensed Application Services prove defective, the User assumes the entire cost of all necessary servicing, repair or correction.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to the User.

 

13. The Licensed Application may enable access to the Application Provider’s and third party services and websites (collectively and individually, the “Services”). Use of the Services may require internet access and the User accepts additional terms of service. The User understands that by using any of the Services, he/she may encounter content that may be deemed defamatory, offensive, explicit, indecent, inappropriate, objectionable or illegal, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to such objectionable material. Nevertheless, the User agrees to use the Services at their sole risk and that the Application Provider shall not have any liability to the User for content that may be found or deemed to be such. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites (“Third Party Websites”).

By using the Services, the User acknowledges and agrees that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Websites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to the User or any other person for any Services, Third Party Materials or Third Party Websites, or for any other materials, products or services of third parties. Third Party Materials and links to Third Party Websites are provided solely as a convenience to the User.

Financial information displayed by any Services, Third Party Materials or Third Party Websites is for general informational purposes only and is not intended to be relied upon as financial or investment advice. Before executing any financial or investment transaction (including for securities) based upon information obtained through the Services, Third Party Materials or Third Party Websites, the User should consult with a financial or investment professional.

Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

Neither the Application Provider nor any of its content providers, guarantees the availability, accuracy, completeness, reliability or timeliness of stock or financial information as well as location data displayed by any Services, Third Party Materials or Third Party.

In addition, Services, Third Party Materials and Third Party Websites that may be accessed from, displayed on or linked to or from the iPad, iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services, Third Party Materials and Third Party Websites are appropriate or available for use in any particular location. To the extent the User chooses to access such Services, Third Party Materials or Third Party Websites, the User does so at his/her own initiative and is liable and responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider and its licensors, reserve the right to change, suspend, remove or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

14. The Application Provider is solely liable and responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in amongst others clauses 11 – 13 above. In the event of any failure of the Licensed Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Licensed Application to the User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Application Provider’s sole responsibility.

 

15. The Application Provider and the User acknowledge that the Application Provider, not Apple, is responsible for addressing any claims of the User or any third party relating to the Licensed Application or the User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims, (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation. The EULA shall not limit the Application Provider’s liability to the User beyond what is permitted by applicable law.

 

16. The Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. The Application Provider and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

17. The Application Provider, IP Holder and assigned users accept no liability whatsoever for any content changes made to the Licensed Application and the distribution thereof by the User or any other person. The User is cautioned against making any such changes and distributing them, which may result in intellectual property infringements against third parties, contain inappropriate material or result in any other legal infringements.

 

18. To the extent not prohibited by law, in no event shall neither the Application Provider or their officers, employees, contractors, agents and representatives, nor the IP Holder or assigned users of the Licensed Application, be held liable for personal injury or any direct, indirect, incidental, special, punitive or other consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, as well as other claims, losses, liabilities, costs or expenses; arising out of or related to the User’s use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Application Provider has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation of liability for personal injury or of damages, so this limitation may not apply to the User. In no event shall the Application Provider’s total liability to the User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty United States dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

19. The User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

 

20. Any disputes arising out of or in connection with this EULA, including any questions regarding its existence, validity, interpretation or termination, and any claims, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (“LCIA”) rules (“the Rules”), which Rules are deemed to be incorporated by reference into this clause.

 

21. In the event of arbitral proceedings: a) the seat of the arbitration shall be London, b) the number of arbitrators shall be one, c) the English language shall be used and d) the governing law shall be the laws of England.

 

22. The Application Provider is Waterston Entertainment Projects Limited, registration number: 08430639, registered and incorporated in England and Wales, with registered address: The Meridian, 4 Copthall House, Station Square, Coventry, West Midlands, England, CV1 2FL, United Kingdom; with telephone number: +27 12 361 2334 and with email address: info@waterston.tv, to which any User questions, complaints or claims with respect to the Licensed Application should be directed.

 

23. The License is effective until terminated by the User or the Application Provider. The User’s rights under this License will terminate automatically without notice from the Application Provider if the User fails to comply with any term/s of this License. Upon termination of the License, the User shall cease all use of the Licensed Application and destroy all copies (full or partial) of the Licensed Application.

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Apple, the Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

Patent Numbers ZAP 2015/08805, US 14,888,654, EU 14814336.5.

Copyright © 2019 Waterston Entertainment (Pty)Ltd. All rights reserved. MovieRide FX name and logo are trademarks of Waterston Entertainment (Pty)LtdL