Follow

EULA for Jaunt Cloud Services

END USER SOFTWARE LICENSE AND SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER SOFTWARE

LICENSE AND SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE

DOWNLOADING, INSTALLING OR USING THE JAUNT SOFTWARE (INCLUDING, WITHOUT

LIMITATION, ANY JAUNT TOOLS, UPDATES, NEW VERSIONS OR NEW RELEASES THEREOF

THAT MAY BE PROVIDED TO YOU BY JAUNT) AND ANY ACCOMPANYING

DOCUMENTATION (COLLECTIVELY, “SOFTWARE”) OR USING THE SERVICE (AS DEFINED

HEREIN). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JAUNT, INC. (“JAUNT”).

THIS AGREEMENT, AND THE TERMS AND CONDITIONS OF THE WRITTEN AGREEMENT

BETWEEN YOU AND JAUNT (IF ANY), GOVERN YOUR ACCESS TO AND USE OF THE

SOFTWARE AND THE SERVICE.

Jaunt is willing to license the Software to you and allow you to use the Service only upon the

condition that you accept all the terms and conditions of this Agreement. By clicking the “I

accept the terms and conditions of this End User Software License and Service Agreement”

button below or by downloading, installing or using the Software or using the Service, you

have indicated that you understand this Agreement and accept all of its terms and

conditions. If you are accepting the terms and conditions of this Agreement on behalf of a

company or other legal entity, then you represent and warrant that you have the authority to

bind that company or other legal entity to the terms and conditions of this Agreement, and, in

such event, “you” and “your” will refer to that company or other legal entity. If you do not

accept all the terms and conditions of this Agreement, then Jaunt is unwilling to license the

Software to you, you must not download, install or use the Software, and you must promptly

return the Software to Jaunt for a full refund, if you have paid for the license to the Software,

or, if Jaunt has made the Software available to you without charge, then you must promptly

destroy all copies of the Software, and you must not use the Service. Your right to return the

Software for a refund expires 30 days after the date of purchase.

Certain elements of the Service may have different terms and conditions posted or may require you

to agree to and accept additional terms and conditions. If there is a conflict between this Agreement

and the terms and conditions posted or required for a specific element of the Service, then the latter

terms and conditions will take precedence with respect to your use of or access to that element of

the Service. As used herein “Service” means Jaunt’s cloud-based stitching and rendering platform

and any other services offered from time to time by Jaunt in connection herewith. Additional terms

and conditions applicable to the Service including, without limitation, commercial terms, may apply

and, in such event, shall be separately presented to you for acceptance. Upon such acceptance,

such additional terms and conditions shall be made a part hereof.

1. Grant of License. Conditioned upon your compliance with the terms and conditions of this

Agreement, Jaunt grants you a non-exclusive and non-transferable license for you, as a single

user, to Execute (as defined herein) the executable form of the Software on a computer or other

device that you own or control including a device on which the Software was preinstalled by Jaunt

(subject to any conditions of Jaunt in connection with such preinstallation) and to use the Service

as provided herein. As used herein, “Execute” and “Execution” means to load, install, and run the

Software and to use the Service in order to benefit from its functionality as designed by Jaunt. Your

rights in the Software and the Service are limited to those expressly granted in this Agreement.

Jaunt reserves all rights in the Software and the Service not expressly granted to you in this

Agreement.

2. Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy (except

in the course of loading or installing) or modify the Software or the Service including, but not limited

to, adding new features or otherwise making adaptations that alter the functioning of the Software;

(b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software or the Service to any

third party; or (c) make the functionality of the Software or the Service available to multiple users

through any means including, but not limited to, by uploading the Software to a network or file-

sharing service or through any hosting, application services provider, service bureau, software-as-

a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the

Software and the Service including, but not limited to, the source code and the specific design and

structure of individual modules or programs, constitute or contain trade secrets of Jaunt and its

licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software

or the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent

such activities are expressly permitted by applicable law notwithstanding this prohibition. In

addition, you may not use the data generated by the Software separate and apart from the Service.

3. Third Party Code. The Software is distributed with certain third party code that is licensed

under open source licenses (“Open Source Code”) and proprietary licenses, each of which is

licensed to you in accordance with the applicable licenses therefor.  To the extent that any of the

terms and conditions of this Agreement conflict with any such licenses, the conflicting terms and

conditions will not apply to the corresponding Open Source Code or licensese.

4. Ownership. The copy of the Software is licensed, not sold. Jaunt retains ownership of the copy

of the Software itself, including all intellectual property rights therein. The Software is protected by

United States copyright law and other laws, and international treaties. You will not delete or in any

manner alter the copyright, trademark, and other proprietary rights notices or markings appearing

on the Software as delivered to you.

5. Feedback. Jaunt encourages and invites you to provide Jaunt with feedback, comments and

suggestions for improvements to the Software and the Service (collectively, “Feedback”). As part

of providing Jaunt with such Feedback, you agree to complete any surveys or other questionnaires

that Jaunt may send to you from time to time regarding your experience in using the Software and

the Service. You acknowledge and agree that all Feedback will be the sole and exclusive property

of Jaunt. You hereby assign to Jaunt and agree to assign to Jaunt all of your right, title, and

interest in and to all Feedback including, but not limited to, all intellectual property rights therein. At

Jaunt’s request and expense, you will execute all documents and take such further acts as Jaunt

may reasonably request to assist Jaunt to acquire, perfect and maintain its intellectual property

rights and other legal protections for the Feedback.

6. Term and Termination. The license and right to use the Service granted under this Agreement

remains in effect for a period of 75 years, unless earlier terminated in accordance with this

Agreement. You may terminate the license at any time by destroying all copies of the Software in

your possession or control and ceasing the use the Service. The license and the right to use the

Service granted under this Agreement will automatically terminate, with or without notice from

Jaunt, if you breach any term of this Agreement. Upon expiration or termination of the license or

the right to use the Service or this Agreement you must, at Jaunt’s option, either promptly destroy

or return to Jaunt all copies of the Software in your possession or control.

7. Updates and Upgrades; No Obligation. Jaunt is not obligated to maintain or support the

Software or the Service, or to provide you with updates, upgrades or services related thereto. You

acknowledge that Jaunt may from time to time in its sole discretion issue updates or upgrades to

the Software or the Service, and may automatically update or upgrade the version of the Software

that you are using on your computer or other device. You consent to such automatic updating or

upgrading on your computer or other device, and agree that the terms and conditions of this

Agreement will apply to all such updates or upgrades.

8. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations

when using the Software and the Service. You will not use the Software or the Service to infringe

or misappropriate any third party’s intellectual property rights.

9. No Warranty. THE SOFTWARE AND THE SERVICE IS PROVIDED “AS IS”, WITHOUT

WARRANTY OF ANY KIND. JAUNT DISCLAIMS ALL WARRANTIES AND CONDITIONS,

EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND

CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

(INCLUDING, WITHOUT LIMITATION, COMPATIBILITY WITH ANY COMPUTER OR OTHER

DEVICE) AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING

OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION,

WHETHER ORAL OR WRITTEN, OBTAINED FROM JAUNT OR ELSEWHERE WILL CREATE

ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

10. Acknowledgment of Limitations. You acknowledge that: (a) certain of the Software has not

been made commercially available by Jaunt; (b) the Software and the Service may not operate

properly, be in final form or be fully functional; (c) the Software or the Service may contain errors,

design flaws or other problems; (d) it may not be possible to make the Software and the Service

fully functional; (e) use of the Software and the Service may result in unexpected results, corruption

or loss of data, or other unpredictable damage or loss; and (f) Jaunt has no obligation to release a

commercial version of the Software. You assume all risk arising from use of the Software and the

Service including, without limitation, the risk of damage to your computer or other device (including

systems thereon) or corruption or loss of data.

11. Confidentiality. “Confidential Information” means: (a) any Feedback that you provide to

Jaunt pursuant to Section 5 hereof; and (b) any Jaunt business or technical information, or other

non-public information of Jaunt, that is disclosed to you in connection with this Agreement

including, but not limited to, any information relating to Jaunt’s plans, business opportunities or

research and development. Confidential Information excludes any information that: (i) is or

becomes generally known to the public other than as a result of your breach of this Agreement; (ii)

is rightfully known to you at the time of disclosure without restrictions on use or disclosure; (iii) is

independently developed by you, without access to or use of any Confidential Information; or (iv) is

rightfully obtained by you from a third party, who has the right to disclose it and who discloses it

without restrictions on use or disclosure. You will maintain all Confidential Information in strict

confidence and will not disclose Confidential Information to any third party. You will not use

Confidential Information, except as necessary for the performance of this Agreement. You will

protect Confidential Information using the same degree of protection that you use to protect your

own confidential information, but in any event, using no less than reasonable efforts.

12. LIMITATION OF LIABILITY. JAUNT’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF

ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS

PAID TO JAUNT BY YOU FOR THE SOFTWARE AND THE SERVICE OR, IN THE EVENT THAT

JAUNT HAS MADE THE SOFTWARE AND THE SERVICE AVAILABLE TO YOU WITHOUT

CHARGE, JAUNT’S TOTAL LIABILITY WILL BE LIMITED TO $500. IN NO EVENT WILL JAUNT

BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR

CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA,

BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING

SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT

OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE OR THE SERVICE,

WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT,

WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND

WHETHER OR NOT JAUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR

DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED

REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL

PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION

OR EXCLUSION MAY NOT APPLY TO YOU.

13. U.S. Government End Users. The Software constitutes “commercial items” as that term is

defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer

software documentation,” respectively, as such terms are used in FAR 12.212 and

DFARS 227.7202. If the Software is being acquired by or on behalf of the government of the

United States of America (“U.S.”) then, as provided in FAR 12.212 and DFARS 227.7202-1 through

227.7202-4, as applicable, the U.S. Government’s rights in the Software and related

documentation will be only those specified in this Agreement.

14. Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that

neither the Software nor any technical data related thereto nor any direct product thereof are

exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by,

such laws and regulations.

15. Third Party Materials. You may be able to access or use third party websites, resources,

content or information (collectively, “Third Party Materials”) via the Software or the Service. You

acknowledge sole responsibility for and assume all risk arising from your access to or use of any

such Third Party Materials including, without limitation, such activities by those who may use the

Software licensed by you or the Service, whether or not you have authorized such access or use.

Without limiting any other terms of this Agreement, you acknowledge and agree that Jaunt: (a) is

not responsible for the availability or accuracy of such Third Party Materials or the products or

services on or available from such Third Party Materials; and (b) has no liability to you or any third

party for any harms, injuries or losses suffered as a result of your access to or use of to such Third

Party Materials.

16. General. This Agreement will be governed by and construed in accordance with the laws of the

State of California, without regard to or application of conflict of laws rules or principles. The United

Nations Convention on Contracts for the International Sale of Goods will not apply. You may not

assign or transfer this Agreement or any rights granted hereunder, by operation of law or

otherwise, without Jaunt’s prior written consent, and any attempt by you to do so, without such

consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party

of any of its remedies under this Agreement will be without prejudice to its other remedies under

this Agreement or otherwise. The failure by either party to enforce any provision of this Agreement

will not constitute a waiver of future enforcement of that or any other provision. Any waiver,

modification or amendment of any provision of this Agreement will be effective only if in writing and

signed by authorized representatives of both parties. If any provision of this Agreement is held to

be unenforceable or invalid, then that provision will be enforced to the maximum extent possible,

and the other provisions will remain in full force and effect. This Agreement is the complete and

exclusive understanding and agreement between the parties regarding its subject matter, and

supersedes all prior or contemporaneous proposals, understandings or communications between

the parties, oral or written, regarding its subject matter, unless you and Jaunt have executed a

separate written agreement which expressly references this Agreement or is otherwise intended to

supersede or replace this Agreement. Any terms or conditions contained in your purchase order or

other ordering document (if such document exists) that are inconsistent with or in addition to the

terms and conditions of this Agreement are hereby rejected by Jaunt and will be deemed null and

17. Notice. All notices or approvals required or permitted under this Agreement will be in writing

and delivered by overnight delivery service or by certified mail, and in each instance will be

deemed given upon receipt. All notices or approvals will be sent by Jaunt to you to the address you

provide to Jaunt. You are solely responsible for maintaining the accuracy of such address. All

notices will be sent by you to Jaunt to the following address: Jaunt, Inc., 951 Mariner's Island Blvd., Suite 500, San Mateo, CA 94404, Attention: General Counsel and to legal@jauntvr.com.

18. Contact Information. If you have any questions regarding this Agreement, you may contact

Jaunt at support@jauntvr.com.

IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO CONTINUE,

PLEASE CLICK THE “I ACCEPT THE TERMS AND CONDITIONS OF THIS END USER

SOFTWARE LICENSE AND SERVICE AGREEMENT” BUTTON BELOW; OTHERWISE, YOU WILL

NOT BE ABLE TO CONTINUE.

End User Software License and Service Agreement

Revised 7-14-16

Was this article helpful?
0 out of 0 found this helpful
Have more questions? Submit a request
Powered by Zendesk