IMPORTANT – READ CAREFULLY: This End User License Agreement (“License”) is a legal agreement between the party who issuing or paying for the use of the Software (“You”) and Immersed Media, LLC. This License shall take effect from the time the Software is first used or Downloaded by You. By using or otherwise accessing the Software, You hereby acknowledge and accept the above recitals and the following terms and as they may be reasonably amended from time to time.
1. DEFINITIONS: All capitalized terms shall have the meaning set forth in this License.“Account Information”means Your unique login details and password code, which allows you to access the Software online. “Authorized Devices” means mobile phone handsets and other Supported Devices accessing the Software by an Authorized User.“Content”means building designs, imagery, CAD models and floor-plans either, by the third parties through the Software. “Data”means the information pertaining to building plans, designs and models converted into Ohana AR formats, which is thereafter supplied to the you by Immersed Media, LLC in machine readable form by the Software.“Start Date”means the date that You first download the Software. “Term”means the duration from the Start Date until termination “Software”means the system branded “Ohana AR” developed and proprietary to Immersed Media, LLC and consisting of “online” computer software, mobile applications and services provided via computers and devices connected to the Internet. It also includes all Data, updates, images and any and all associated media and printed materials including ‘online’ or electronic documentation. “Supported Device”means smartphones, electronic tablets and computer equipment consisting of the minimum equipment specifications, operations systems and configuration required to run the Software.
2. TERM The term of this License will commence on the Start Date and continue until terminated by either party.
3. LICENCE 3.1. Immersed Media, LLC hereby grants to You non-exclusive, non-transferable use of the Software subject to the terms and conditions of this Licence.3.2 The Software is intended to be used online in conjunction with a hosting service. You will be provided with a single set of Account Information. You may use your Account Information to access the Software on multiple devices. You may only use the Software in good faith and for proper purpose.3.3 You acknowledge that all copyright and all other ownership rights and goodwill in any and all parts of the Software and any replacement, update or modification of any part of the Software remain the sole and exclusive property of Immersed Media, LLC and/or its rightful licencors. NO PROPRIETARY RIGHTS ARE VESTED IN YOU. The Software at all times remains the property of Immersed Media, LLC and/or its rightful licencors.
4. USE OF THE SOFTWARE 4.1. You may not make any copies of any part or portion of the Software or copy or load its Data onto any distribution device or platform. 4.2. You agree that you shall not:(i) make, or permit any other person to make, a copy of the Software, your Account Information or the Data or any part thereof;(ii) make use of any part of the Software or the Data for or on behalf of any unauthorized person, entity or organization, nor permit any unauthorized person, entity or organization to utilize the Software, Your Account Information or the Data;(iii) make or permit to be made any additions or modifications to the Software and/ or the Data. Any unauthorized modifications to the Software may be considered an infringement of copyright and other intellectual property laws;(iv) attempt in any manner to reverse engineer, decompile or disassemble the Software; and(v) access the Data by any means other than via the Software. 4.3. The Software is entirely online-based and is resident on servers belonging to either Immersed Media, LLC or a Immersed Media, LLC service provider and is accessed wholly via your own Authorized Devices over the internet. You acknowledge that you will need Supported Devices running the minimum specifications recommended in order to access the Software, and that you are entirely responsible for obtaining, installing, configuring, updating and maintaining your own Supported Devices.4.4. On downloading the Software, You will be required to set up a user account which will allow You to access the Software via Your own Supported Device. You acknowledge and accept that you are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your Account Information. You further acknowledge and accept that you will be deemed responsible for any and all activities that occur in connection with your Account Information.4.5. If you become aware of any unauthorized use of your Account Information you must notify Immersed Media, LLC immediately. Immersed Media, LLC may, in its sole discretion, restrict, limit or alter the compromised Account Information so as to completely or partially disable access to the Software via the compromised Account Information. Immersed Media, LLC accepts no liability for any loss or damage caused by unauthorized use of any compromised Account Information, or by any inability to access the Software.
5. SOFTWARE, DATA UPDATES AND SUPPORT 5.1. Immersed Media, LLC will perform customary Data updates to Software from timeto time. Immersed Media, LLC shall release such Data updates in accordance with the receipt of the necessary information from you to provide relevant changes to Immersed Media, LLC. Immersed Media, LLC is under no obligation to perform,make or develop any specific enhancements to or customization of the Software,although Immersed Media, LLC may offer such enhancements to you during the term of this License. 5.2. Immersed Media, LLC will provide access to its email support services during normal business hours for all application-related queries. Immersed Media, LLC may, at its sole discretion, investigate and, to the extent possible, correct any failure of the Software to meet the functional specifications in the instructions,provided that:(i) any failure shall be demonstrable.(ii) notice is given to Immersed Media, LLC promptly after any such failure becomes known;(iii) the operating system of supported devices, Authorized Equipment have been properly installed,operated, configured and maintained; and(iv) failure is not due to a fault in the Supported Device, Authorized Equipment or the fault of third party software not licensed by Immersed Media, LLC. 5.3. Any replacement, update or modification of any part of the Software shall become part of the Software and your rights to use such replacement, update or modification shall be governed by the terms of this Licence. Any reference to the Software in this Licence shall include all such replacements, updates and modifications from time to time.
6. PLATFORMS 6.1 Where you download, install or use the mobile application version of the Software (“App”) on an Apple mobile device, you acknowledge and agree that:
• these Terms are an agreement between you and us and not between you, and Apple, Inc. nor any subsidiary of Apple, Inc. (“Apple”);
• Apple has no responsibility or liability in respect of any matter relating to the App,including your use or possession of the App; and
• these Terms supersede any agreement between you and Apple in relation to your use of the App.
6.2 We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.
6.3 Where you download,install or use the App on a mobile device running an Android operating system,you acknowledge and agree that:
• these Terms are an agreement between you and us and not between you, and Google, Inc. nor any subsidiary of Google, Inc. (“Google”);
• Google has no responsibility or liability in respect of any matter relating to the App,including your use or possession of the App; and
• these Terms supersede any agreement between you and Google in relation to your use of the App.
6.4 We and you agree that Google, and any Google subsidiary, are third party beneficiaries of these Terms and that Google has the right to enforce these Terms against you as a third party beneficiary.
7. TERMINATION 7.1. You may terminate this License at any time. 7.2. Immersed Media, LLC shall be entitled to terminate this Licence at any time following breach of any term of this Licence.. 7.3. On termination of this Licence access to your Account Information and the Software will be disabled without any liability to Immersed Media, LLC and you must immediately stop using the Software.
8. WARRANTIES 8.1. Immersed Media, LLC does not warrant the Content nor that the Software or the Data is error free. Immersed Media, LLC does not validate the accuracy or completeness of the Content, Data and information supplied to it by the Customer. .8.2. You acknowledge that you have relied on your own commercial analysis and judgment in selecting the Software and have not relied on any promise,representation, warranty or undertaking made or given by Immersed Media, LLC in relation to any results, consequences or benefits to be obtained from the use of the Software. 8.3. You acknowledge that you have relied on your own commercial analysis and judgment in selecting any house designer and/or builder and have not relied on any promise, representation, warranty or undertaking made or given by Immersed Media, LLC in relation to any results, consequences or benefits to be obtained from the use of the Software.8.4. You acknowledge that the content shown in the Ohana AR app is indicative only and does not necessarily reflect the final design or building. This includes placement of the building on any section.8.5. The Software is provided “as is” without warranty of any kind, either expressor implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Licensor does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted orerror free. The entire risk as to the quality and performance of the Software is with you. If the Software is defective, you (not Immersed Media, LLC) assume the entire cost of all necessary servicing, repair or correction.8.6. Under no circumstances is Immersed Media, LLC liable to you for any damages,including any special, incidental, indirect or consequential damages arising out of the use of or inability to use the Software even if the Immersed Media, LLC has been advised in advance that such damages may arise, or for any claim by any other party.8.7. Subject to this section, all conditions and warranties which would or might otherwise be implied in this Licence are hereby excluded to the extent permitted by law.
9. FORCE MAJEURE 9.1. Neither Immersed Media, LLC nor You shall be liable for any failure to perform any obligations required to be completed by Immersed Media, LLC or you herein,where such failure is due to any cause beyond the reasonable control of Immersed Media, LLC or You, except for the making of payments as and when they fall due and any obligations pertaining to confidentiality.