Last Updated: September, 2023
This End User License Agreement (“EULA”) is between Virtual Planet Technologies, Inc. (collectively, “VPT” or “We,” “us” or “our”) and end-users who download, install and/or use (“End-User,” “You,” or “Your”) any Application (as defined below) developed by VPT, including, but not limited to, the ‘Sea Level Rise Explorer©’ available for download via Meta’s App Lab’s Store, Apple Store, Google Play Store, SideQuest VR Store, and others. This EULA applies to any download, installation or use of the Application regardless of download source or device type (e.g. mobile phones, tablets, computers, VR headsets, hereinafter referred to as “Device”)
PLEASE READ THIS EULA CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE APPLICATION. By using the application or by clicking the “I Agree” button at the end of this EULA, you signify your agreement to this EULA, which constitutes a BINDING LEGAL AGREEMENT between you and VPT, and YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION. If you do not agree to these terms of use, click “CANCEL” and DO NOT download, install or use the Application.
If you wish to have a copy of these terms, please access the terms at the VPT website ( https://virtualplanet.tech/eula ) and print them out.
THIS EULA IS SUBJECT TO THE ARBITRATION PROVISION INCLUDED IN SECTION 14 OF THIS EULA WHICH REQUIRES US TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THIS APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION.
VPT reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time which will be effective as of the date of the next download. Please check these terms on the website periodically for changes. Your continued use of the Application following the posting of changes to these terms will mean you accept those changes.
1. General
All software, materials, documentation and any content accessed through the software you are about to download or install (collectively, the “Application”) are protected by United States and international laws, including copyright laws and treaties. VPT, its respective affiliates, and its respective licensors own all right, title and interest to the Application. Except for the specific rights licensed to you hereunder, VPT reserves all of its rights to the Application. The mark “Virtual Planet” is a registered trademark of VPT and/or its affiliates.
2. Title Not Transferred
These terms do not transfer title to the Application to you. The rights granted herein are limited to certain copyright licenses and do not include any patents. As between you and VPT you own the Device in which you download the Application. However, VPT and its licensors retain full and complete title to the Application and all intellectual property rights therein.
3. License and Restrictions
VPT hereby grants you, free of charge, a non-exclusive license to download, install and use one copy of the Application on a single Device (or multiple Devices if you obtained multiple licenses from VPT) for non-commercial use only. You are allowed to download, install and use the Application for the purposes of research and public awareness campaigns. You may not make the Application available for commercial use or over a network where it could be used on multiple computers simultaneously.
You may not (and you agree not to permit another person to):
- Redistribute, sell, or otherwise copy the Application;
- Modify, translate, or create derivative works based on the Application;
- Attempt to decompile, reverse engineer, disassemble or otherwise reduce the Application to a human-readable form, except to the extent applicable laws specifically prohibit such restriction;
- Remove any identification, copyright, or other proprietary notices; or
- Create software that incorporates the Application.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE APPLICATION, ITS CONTENT, CODES OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Application is not intended for use in connection with any high risk or strict liability activity and VPT makes no warranty and shall have no liability in connection with the use of the Application in any such situations.
4. No Warranty
THE APPLICATION (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VPT DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE APPLICATION OR ANY CONTENT ACCESSIBLE THROUGH THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE OTHER SITES OF VPT (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE APPLICATION WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE DEVICE(S) ON WHICH THE APPLICATION IS DOWNLOADED OR INSTALLED OR ANY NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VPT OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
To the extent the Application offers any search features, you acknowledge that some content may not always be accessible. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
To the extent that You use the Application in a VR Device, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS RELATED TO THE USE OF VIRTUAL REALITY TECHNOLOGY INCLUDING THE TERMS SET FORTH AT https://www.oculus.com/legal/health-and-safety-warnings (or other VR Device website) AND THAT IT WILL PROVIDE PROPER WARNINGS TO ANY USERS. WE DISCLAIM ANY LIABILITY ASSOCIATED WITH CLAIMS RESULTING FROM THE VR DEVICE IN WHICH THE APPLICATION WAS DOWNLOADED.
5. Indemnification
You hereby agree to indemnify, defend, and hold VPT and its affiliates and officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or your use of the Application. You shall use your best efforts to cooperate with us in the defense of any claim. VPT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED $100.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Purpose
Unless otherwise expressly specified, the Application (and any content related thereto) is presented solely for the purpose of showcasing the potential impacts of climate change, including, but not limited to, sea level rise, coastal storms and coastal erosion, drawing upon publicly accessible data on the topic, and their possible implications for coastal communities. As appropriate, some applications suggest solutions to diminish these risks, aiming to heighten awareness in these communities.
8. Location
We make no representation that the Application is appropriate or available for use in any particular location. Those who choose to use the Application do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9. Termination
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of the Application at any time, without notice. You may terminate these terms at any time. Upon termination by either party, you must cease use of the Application, erase the Application from all Devices and storage devices or memories within your possession or control, and destroy all materials obtained from VPT and all related documentation (as applicable) and all copies and installations thereof, whether made under these terms or otherwise.
10. Export Law Assurances
You agree not to use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained and is being used. Without limiting the foregoing, the Application may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
11. Government End Users
The Application (and its components) are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. VPT reserves any unpublished rights.
12. Privacy Policy
Please read the Privacy Policy for https://virtualplanet.tech/privacy-policy , which is incorporated herein by this reference, before using the Application or the website. By using the Application or the website, you signify your agreement to the Privacy Policy. If you do not agree to the Privacy Policy, please do not use the Application nor the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Privacy Policy at any time. Please check these terms periodically for changes. Your continued use of the Application or the website following the posting of changes to the Privacy Policy will mean you accept those changes.
13. Compliance with applicable laws
Each Party will comply with, and will not attempt to cause a violation of, all laws, rules, or regulations applicable to its performance under this EULA.
14. Entire Agreement, Venue
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. For any disputes deemed not subject to in the Dispute Resolution section below, you and VPT agree to submit to the exclusive jurisdiction and shall be filed only in the state or federal courts located in Santa Cruz County, California. The Parties agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
15. DISPUTE RESOLUTION:
You agree to follow this EULA’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your use of the Application:
- Informal Negotiations. Parties to a dispute concerning this EULA or the licensing or use of the Application will attempt to informally negotiate a potential settlement or resolution to the dispute.
- Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
- Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of California.
- You and VPT agree that any arbitration shall be limited to the claim between VPT and you individually. YOU AND VPT AGREE THAT
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND
- NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
16. Survival of Provisions
All definitions, and Sections 3 (License and Restrictions), 4 (No Warranties), 5 (Indemnification), 6 (Limitation on Liability), 8 (Location), 9 (only with respect to the effects of termination), 13 (Compliance with Applicable Laws), 14 (Entire Agreement, venue) and 15 (Dispute Resolution) of this EULA shall survive expiration or any termination of this EULA; provided that Sections 5 and 6 shall only survive to the extent applicable to a claim.