END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the FestivAR application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by AUGMENTAL WORLD, LLC, or any one of its subsidiaries or affiliated companies (referred to as “AUGMENTAL").
This EULA sets out the basis on which AUGMENTAL makes the Product available to you (“User” or “You”) and on which You may use them. YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE PRODUCT OR BY INSTALLING, USING, OR COPYING THE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
AUGMENTAL reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
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1. GRANT OF LICENSE.
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1.1 AUGMENTAL grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use one copy of the Product (in whole or in part) and any Product (the “License”), for such time until either You or AUGMENTAL terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from AUGMENTAL. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
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This Agreement does not permit the installation or use of multiple copies of the Product, or the installation of the Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Product. For further information regarding multiple copy licensing of the Product, please contact:
Representative: Matthew Lavigne
Address: 12332 Pretoria Drive
Silver Spring, Maryland 20904
Phone Number: (202) 713-0069
E-mail Address: matthew@augmental.world
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable federal, state and local laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by AUGMENTAL. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting AUGMENTAL’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on AUGMENTAL’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of AUGMENTAL, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of AUGMENTAL’s personnel;
i. falsely claim to be an employee or representative of AUGMENTAL or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with AUGMENTAL.
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2. OWNERSHIP.
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All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, themes, objects, effects, dialogues, slogans, concepts, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by AUGMENTAL or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. AUGMENTAL claims the following copyright for the Product: FestivAR ©2023, Augmental World, LLC, All rights reserved. No claim to copyright is made for original U.S. Government Works.
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This Product may contain certain licensed materials and, in that event, AUGMENTAL’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without AUGMENTAL’s prior permission and, if applicable, AUGMENTAL’s licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by AUGMENTAL.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
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3. ACCESS TO THE PRODUCT
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THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL AUGMENTAL BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT.
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4. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to AUGMENTAL, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that AUGMENTAL is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
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5. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
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YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. AUGMENTAL AND AUGMENTAL’S LICENSORS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. AUGMENTAL DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
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TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL AUGMENTAL OR AUGMENTAL’S LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF AUGMENTAL OR ANY OTHER PARTY, EVEN IF AUGMENTAL IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS AUGMENTAL'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
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NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH AUGMENTAL OR ITS LICENSORS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. IN NO EVENT SHALL AUGMENTAL, ITS AFFILIATES OR LICENSORS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO AUGMENTAL FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
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NOTHING IN THIS SECTION SHALL AFFECT AUGMENTAL’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM AUGMENTAL’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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6. INDEMNITY.
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You are solely responsible for any damage caused to AUGMENTAL, its licensors, subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED AUGMENTAL AND ITS AFFILIATES, THEIR LICENSORS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT, INCLUDING ANY PHYSICAL HARM ALLEGED OR ATTRIBUTED TO USE OF THE PRODUCT. AUGMENTAL reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify AUGMENTAL.
The provisions of this Section shall remain in force after termination of this EULA.
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7. TERMINATION.
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The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and AUGMENTAL (or its licensors) may terminate this EULA, at any time, for any reason. Termination by AUGMENTAL will be effective upon (a) notice to You or (b) termination of Your AUGMENTAL Account (if any) or (c) at the time of AUGMENTAL’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
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8. CHANGES TO THIS EULA OR TO THE PRODUCT.
AUGMENTAL reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
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AUGMENTAL may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that AUGMENTAL may stop to support previous versions of the Product upon availability of an updated version.
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9. MISCELLANEOUS.
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9.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
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9.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect AUGMENTAL’s initial intentions.
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9.3 No Waiver. No failure or delay by AUGMENTAL (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by AUGMENTAL or by the User.
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9.4 Law, Jurisdiction and Dispute Resolution.
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9.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Maryland, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
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9.4.2 For any dispute arising out of or related to this EULA or the Product, it is hereby agreed that any action at law or in equity shall be finally adjudicated or determined in any court or courts of the State of Maryland, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Maryland law.
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9.4.3 All claims you bring against AUGMENTAL must be resolved in accordance with this Section 9. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA.
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9.4.4 Waiver of Jury Trial. You hereby expressly and irrevocably waive any right to trial by jury, to the extent permitted by law of any claim, demand, action or cause of action arising under this Agreement, whether now existing or hereafter arising and whether sounding in contract or tort or otherwise; and each party hereby agrees and consents that any such claim, demand, action or cause of action shall be decided by the court without a jury, and that any party may file an original counterpart or copy of this Agreement with any court as written evidence of the consent of the parties to this Agreement to the waiver of their right to trial by jury. The scope of this waiver is intended to be without any exceptions and all-encompassing of any and all disputes that may be filed in any court, including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. Each Party hereto hereby further warrants and represents that such Party has reviewed this waiver with its legal counsel, and that such Party knowingly and voluntarily waives its jury trial rights following consultation with legal counsel. The prevailing party in any action to enforce this Agreement shall be entitled to reasonable costs and attorney’s fees.
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10. NON-DISCLOSURE AGREEMENT
10.1 Confidential Information Definition. Under this Agreement, all information disclosed by AUGMENTAL, whether provided in oral, written, visual, electronic or other form is presumed to be “Confidential Information”, including, without limitation, existing and/or contemplated software, products, technical drawings, trade secrets, designs, algorithms, names, and expertise of employees and consultants, know-how, formulas, processes, ideas, inventions (whether patentable or not), patent applications, schematics, data and other technical, business, research and development, production, costs, profit and margin information, finances and financial projections, marketing, and current or future business plans and models, identity of customers, suppliers and partners, product development plans, forecasts, strategies, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure, and whether conveyed in oral, written, graphic, or electromagnetic form or otherwise. Confidential Information as used herein also includes (a) the fact that the Confidential Information has been made available to or is being inspected or evaluated by the Licensee; (b) the fact that such discussions and negotiations are taking place between the Parties; and (c) any of the terms, conditions or other facts with respect to the associated considered business relationships or transactions, including the status thereof.
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10.2 Exclusions. This Agreement imposes no obligation with respect to any Confidential Information (a) that was in your possession before receipt from AUGMENTAL, provided that such prior knowledge was not acquired in connection with any breach of confidentiality obligation, and can be substantiated by written records and documents; (b) is or becomes a matter of public knowledge through no fault of yours; (c) is rightfully received by you from a third party who has the right, to the best of the your knowledge, to disclose the information; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, AUGMENTAL; or (e) is independently developed by you, provided that such independent development can be substantiated by written records and documents.
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10.3 Non-Disclosure Obligation. You agree (a) to hold AUGMENTAL’s Confidential Information in confidence and to take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions the Licensee employs with respect to its own confidential materials); (b) not to divulge any such Confidential Information, in whole or in part, or any information derived there from to any third party; and (c) not to copy or reverse engineer any such Confidential Information. You shall only permit access to Confidential Information of AUGMENTAL to those employees, officers, advisors or authorized representatives ("Representatives") having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. You agree to be responsible for any breach of this Agreement by your Representatives.
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10.4 Preservation of Ownership. Conveyance of Confidential Information shall not be construed as creating, conveying, transferring, granting or conferring upon you any rights, license or authority in or to the information disclosed, except the limited rights to use Confidential Information as specified in this Agreement. Furthermore, and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.
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10.5 Termination. Your obligations to maintain the confidentiality of the Confidential Information you have received under this Agreement shall in perpetuity or for so long as such information remains a Confidential or a Trade Secret under applicable law. “Trade Secret” has the meaning ascribed in Section 757 of the Restatement of Torts and the Uniform Trade Secrets Act as applicable.
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10.6 Return/Destruction of Confidential Information. Upon the termination of this Agreement, the Licensee will make no further use of the Confidential Information of AUGMENTAL received in accordance with this Agreement and, upon written request, will return at its own expense all copies of such Confidential Information and Derivatives to AUGMENTAL or will destroy such Confidential Information and certify to the destruction in writing within 30 days of such termination.
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10.7 Remedies. You acknowledge and agree that due to the unique nature of AUGMENTAL’s Confidential Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow you or third parties to unfairly compete with AUGMENTAL resulting in irreparable harm to AUGMENTAL and, therefore, that upon any such breach or any threat thereof, AUGMENTAL shall be entitled to whatever remedies it might have by law. You further acknowledge and agree that the covenants contained herein are necessary for the protection of legitimate business interests and are reasonable in scope.
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10.8 Exclusive Agreement. No Waiver. This Agreement states the entire, exclusive agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any waiver, addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
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10.9 Restrictions on Use. You shall not, without the prior written consent of AUGMENTAL, use or disclose the Confidential Information or any part thereof, except only in accordance with the terms of this Agreement. Confidential Information shall not, without the prior written consent of AUGMENTAL, be disclosed to any person or entity other than employees, contractors, or agents of yours who are required to have the information in order to evaluate or engage in discussions regarding any business purpose between the parties, and in those instances, the disclosure shall be only to the extent justifiable by that need and only to entities or individuals who are bound by confidentiality terms substantially identical to those in this Agreement. You shall not use and shall direct your Representatives not to use any of the Confidential Information in any manner that would be detrimental, or could reasonably be expected to be detrimental, to AUGMENTAL, including but not limited to reverse engineering, decompiling, or disassembling the Confidential Information. You shall not make any copies of the Confidential Information unless approved in writing by AUGMENTAL.
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11. Privacy and Data Collection
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Data Collection
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The Software may collect, store, and process certain data about your use of the Software. This may include technical information such as your IP address, device and browser type, system activity, and user interactions with the Software. All collected data will be used solely in accordance with our Privacy Policy and applicable data protection laws.
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Data Usage
We use collected data to improve the functionality and performance of the Software, provide customer support, and enhance user experience. Your personal data will not be shared with third parties except as necessary to operate the Software, comply with legal obligations, or with your express consent. -
Data Security
We implement industry-standard measures to protect the security and confidentiality of your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute data security. -
User Rights
You may have certain rights regarding your personal data, including the right to access, correct, delete, or restrict processing of your data. For detailed information on these rights and how to exercise them, please refer to our Privacy Policy. -
Modifications to the Privacy Clause
We may update this privacy clause from time to time to reflect changes in our data practices. We will notify you of any significant updates and obtain your consent if required by applicable law.
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11.1 Location Data
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1. Collection of Location Data The Software may collect, use, and share your location data (such as GPS coordinates or location information from your device) to provide location-based services. This data may be collected even when the Software is running in the background, depending on your device settings.
2. Purpose of Location Data Use We use location data to enhance your experience, provide customized content, and enable certain features within the Software. Examples of location-based features may include personalized recommendations, mapping services, or location-specific alerts.
3. Consent and Control By enabling location services on your device and allowing the Software to access this information, you consent to the collection and use of your location data as described in this agreement and our Privacy Policy. You may disable location services at any time in your device settings, though this may impact the functionality of the Software.
4. Data Sharing We do not share your location data with third parties except as necessary to provide location-based features, to comply with legal obligations, or with your express consent. Aggregated, anonymized location data may be shared for analytical purposes.
5. Retention of Location Data Location data will be retained only as long as necessary to provide the location-based services, unless otherwise required by law. Upon termination of your use of the Software or deactivation of location services, your location data will no longer be collected.