EVALUATION LICENCE - TERMS & CONDITIONS
Imaged Reality grants the Customer a non-exclusive, non-transferable, non-sub licensable, revocable right to use the Software, only for Your personal and non-commercial purposes.
The Customer shall not:
take any action which would jeopardise Imaged Reality’s rights and title to the Software;
remove or change the labels, instructions or trademark signs contained in the Software or the Documentation;
except as expressly permitted by applicable law, disassemble, reverse engineer or decompile the Software or any part, or otherwise derive its source code;
make changes or modifications to the core functionality or source code of the Software or otherwise create any derivative work of any part of the Software;
permit the core functionality or the source code of the Software to be combined with, or become incorporated in, any other programs;
allow the Software to become the subject of any charge, lien or encumbrance;
use the Software to provide or operate application service provider (ASP), service bureau, marketing, training, outsourcing services, cloud services, web services, or consulting services, or any other commercial service related to the Software to or for the benefit of any third party, or use the Software to develop software or products which are competitive with any of the Software; and
sell, license, sublicense, distribute, assign or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without the prior written consent of Imaged Reality.
Except as otherwise set out in this Agreement, Imaged Reality expressly reserves all rights to the Software and Documentation, including without limitation, to publish, duplicate, process, use or exploit the Software.
The Software may contain Open Source Software, and Imaged Reality does not charge any license fee to Customer for its use of such Open Source Software. Open Source Terms may apply to the Open Source Software as specified in the Documentation. Customer hereby accepts such Open Source Terms and acknowledges that, to the extent required by the relevant Open Source Terms, Imaged Reality excludes any warranties, indemnities and liabilities in respect of Customer’s use of such Open Source Software. To the extent there is a conflict between this Agreement and the Open Source Terms, the terms of the Open Source Terms shall prevail over this Agreement with regard to the Open Source Software only.
Where Imaged Reality has agreed to Customer using the Software for an Evaluation, subject to Customer paying the Evaluation Fees (if applicable), Imaged Reality grants the Customer a non-exclusive, non- transferable non-sub licensable right to use the Software and Documentation for the Evaluation during the Evaluation Period on the terms and conditions set out in this Framework Agreement and any such additional terms specific to Customer’s use of the Software as are set out in the relevant Order Form
Imaged Reality shall have no liability of any kind in any circumstances whatever including without limitation negligence (except for death and personal injury caused by its negligence) to Customer in respect of the Software licensed under an Evaluation Licence and Imaged Reality gives no warranty of any kind respecting the Software under such Evaluation Licences. All statutory and implied warranties, terms and conditions are excluded in relation to the Software licensed under an Evaluation Licence to the full extent permitted by law.
Imaged Reality may terminate the Evaluation licence at any time.
By installing the Software, you accept the terms of the Licence.
Intellectual Property Rights
All Intellectual Property Rights in the Imaged Reality Materials, Software, Documentation, Software as a Service, Deliverables (excluding the Customer Materials) and any materials developed under this Agreement and any Order Forms will remain vested in Imaged Reality (or its licensors). Except for Customer’s right to use Imaged Reality Materials, Software, Documentation or Deliverables as expressly granted under this Agreement and any Order Form, Customer will not acquire in any way any title, rights of ownership or Intellectual Property Rights of whatever nature in any Imaged Reality Materials, Software, Documentation, Software as a Service or Deliverables.
All Intellectual Property Rights in the Customer Materials will remain vested in Customer (and its licensors). Customer grants to Imaged Reality a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual, transferable, sublicensable licence during the term of this Agreement to use, copy and modify the Customer Materials for the purpose of providing the Software as a Service and Professional Services to Customer, including, without limitation the right for Imaged Reality to use, host, transmit, display and create derivative works of the Customer Data (i) in connection with the provision of the Software as a Service; (ii) for the purposes of improving and/or developing the Software as a Service; and to transfer Customer Data to any third parties used by Imaged Reality in connection with the provision of the Software as a Service.
Customer acknowledges and agrees that, Imaged Reality may monitor and collect data regarding Customer’s and Authorised Users’ use of the Software as Service and may use any such data for the purposes of providing its services to its customers (including improving and/or developing the services) provided that any such data shall be anonymised. This right shall survive any termination of this Agreement or any Order Form.
Nothing in this Agreement or any Order Form shall be construed so as to prevent Imaged Reality from using techniques, ideas and other know-how gained during the performance of this Agreement in the furtherance of its own business to the extent that such use does not result in a disclosure of Confidential Information in breach of this Agreement.
To access and use Stratbox, You will need a computer that meets the system and compatibility requirements for the relevant Products, working internet access, a compatible virtual reality headset, and compatible software. These system requirements may change from time to time. Your ability to access and use Stratbox as well as the performance of these Products may be affected by these factors. These system requirements and the associated costs are Your responsibility.