License
Under this End User License Agreement (the “Agreement”), Colugo Productions Incorporated ( “Colugo”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use On Target VR Darts (the “Software”).
“Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with Colugo. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
The Software may be loaded onto no more than one computer. A single copy may be made for backup purposes only.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
You agree not to cheat or utilize any unauthorized robot or other program in connection with any online features of the Software
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
Internet Connection
The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions.
User Accounts
In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third-Party Account”), or an account with Colugo or a Colugo affiliate, as set forth in the Software documentation. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.
Information Collection & Usage
“Platform User Data” is any data, information, or content that is about or associated with a person, device, or unique identifier (including anonymized or hashed user IDs) that Colugo obtains from Meta or Steam (Valve).
“Device User Data” is any data, information, or content that is about or associated with a person, device, or unique identifier (including anonymized or hashed user IDs) that Colugo obtains directly from a Meta or Steam device (including microphone or camera data, or headset position or hand tracking data).
Together, all Platform User Data and Device User Data are referred to as “User Data.”
To request to have your User Data deleted, please contact us by email: [email protected]
Colugo may use User Data solely for the following purposes:
- Running, supporting and maintaining our Content in order to provide the experience to the end user requesting the Content and from whom the User Data was collected; and
- Conducting analytics pertaining to our Content, and using such insights to improve our Content, provided that such User Data has been aggregated, and de-identified or anonymized such that it cannot be re-identified.
Colugo specifically sends the following data for conducting analytics:
- User ID
- Device ID
- App Version
- Usage Data (events pertaining to but not limited to darts thrown, wedge hit, score and general game tracking)
Colugo will not perform, or facilitate or support others in performing, any of the following prohibited practices (collectively, “Prohibited Practices”):
- Retaining, using, or disclosing User Data for any purpose other than those described in this Policy, the SDK License Agreement and any other applicable agreements with Meta or Steam;
- Using User Data for marketing or advertising purposes;
- Selling, licensing, purchasing, renting, or lending User Data or similar actions, or permitting a third party to do so;
- Using User Data to profile, discriminate, or encourage discrimination against people based on their race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or any other categories protected by applicable law, regulation, or other Platform terms or policy;
- Using User Data to perform, facilitate, or provide tools for surveillance. Surveillance includes the collection, use, or sharing of information about people, groups, or events for law enforcement, national security, intelligence or counter-intelligence purposes;
- Using User Data to ascertain the identity of a natural person, including real name, or actual facial or body images, to the extent not disclosed by the User Data (for example, through use of AI, facial recognition or gait identifying technologies);
- Combining User Data with any other data, including with data separately collected by Colugo or received from a third party;
- Attempting to decode, circumvent, re-identify, de-anonymize, unscramble, unencrypt, reverse hash, or reverse engineer User Data that is provided to you;
- Using User Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person, or that violates any applicable law or regulation; or
- Accessing or collecting User Data or allowing User Data to be collected using automated means such as harvesting bots, robots, spiders, or scrapers.
Colugo reserves the right to clear User Platform Leaderboards or Achievements at any time.
License Fee
The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Limitation of Liability
The Software is provided by Colugo and accepted by the Licensee “as is”. Liability of Colugo will be limited to a maximum of the original purchase price of the Software. Colugo will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
Colugo makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
Colugo does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
Colugo warrants and represents that it is the copyright holder of the Software. Colugo warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
Acceptance
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Software.
Term
The term of this Agreement will begin on Acceptance and is perpetual.
Termination
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to Colugo.
Force Majeure
Colugo will be free of liability to the Licensee where Colugo is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where Colugo has taken any and all appropriate action to mitigate such an event.
Governing Law
The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Ontario for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Ontario.
Miscellaneous
This Agreement can only be modified in writing signed by both Colugo and the Licensee.
This Agreement does not create or imply any relationship in agency or partnership between Colugo and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon Colugo’s successors and assigns.
Notices
All notices to Colugo under this Agreement are to be provided at the following address:
Colugo Productions Inc.: Suite 249, 67 Mowat Avenue, Toronto, ON, M6K 3E3, Canada [email protected]
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