END USER LICENSE AGREEMENT
Last updated: October 2020

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.

Thank you for playing our games! Lion Games VR B.V., trading as VerseUs Games (“VerseUs Games”), is proud to provide you with our video game software (together with any updates, the "Game Client") for use with its online component (a "Game Server"). Together, the Game Client and a Game Server make up our video game experience (the "Game"). This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game Client. By installing or using the Game Client, you agree to be bound by the terms of this Agreement.

Accepting this EULA shall be lawful where a person is at least 16 years old. If a person is below the age of 16 years, this shall be lawful only if consent is given or authorized by the holder of parental responsibility over this person.

1. Limited License. The Game Client is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, VerseUs Games hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game Client onto hardware (a “System”). owned by you, and (b) use the Game Client in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of VerseUs Games’s intellectual property rights.

You may not sell, license or transfer the Game Client, or any reproductions or modifications thereof, to any person or entity;

You may not develop, distribute or host any server or software designed to interact with the Game Client or to redirect or emulate the communications protocols used by VerseUs Games;

You may not modify the Game Client or any portion thereof;

You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Client or any portion thereof;

You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;

You may not exploit the Game, or any portion thereof, for any commercial purpose;

The license granted herein confers no title or ownership in the Game (including without limitation the Game Client) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by VerseUs Games or its licensors.

2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients under your custody or control.

3. Ownership. You agree that, between you and VerseUs Games, VerseUs Games owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by copyright laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.

4. Consent to Monitor. When the Game is running, VerseUs Games, its affiliates or its contractors may monitor your Entertainment System for uses that violate the Limited License Section. You hereby grant VerseUs Games, its affiliates and its contractors permission to monitor your Entertainment System for purposes of identifying such use and communicating potential violations to VerseUs Games.
VerseUs Games, its affiliates and its contractors are under no obligation to monitor your System.

5. DISCLAIMER OF WARRANTIES. THE GAME SERVERS ARE MADE AVAILABLE, TO THE EXTENT PERMISSIBLE BY LAW, ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMISSIBLE BY LAW, ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED.

7. LIMITATION OF LIABILITY.
Neither you, VerseUs Games, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.

    Nothing in this EULA will exclude or limit either party's liability:

(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.

8. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VerseUs Games, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.

9. Changes to Agreement and Game. VerseUs Games may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA. VerseUs Games may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.

10. Patches and Updates. VerseUs Games may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game Client installed on your Entertainment System. Updates are not optional. You agree that VerseUs Games may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for VerseUs Games to download and apply such Updates.

11. Remedies. You acknowledge that VerseUs Games may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, VerseUs Games shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.

12. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.

13. Dispute Resolution and Governing Law.
The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the country of your habitual residence.

Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the country of your habitual residence (unless otherwise agreed in writing by both parties).

Severability. You and VerseUs Games agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.

14. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between VerseUs Games and you. VerseUs Games would not be able to provide the Game (including without limitation the Game Client) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of VerseUs Games' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of VerseUs Games. You may not assign this Agreement, in whole or in part, without VerseUs Games's prior written consent and any attempted assignment in violation of this provision shall be null and void. VerseUs Games may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.

Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and VerseUs Games with respect to the Game Client and supersedes all prior agreements between you and VerseUs Games pertaining to the Game Client. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game Client and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.

Your purchase of the Game is a contract for the supply of services which will commence immediately upon you clicking “I Accept” below. Upon commencement of the services you will lose your right, under your jurisdiction’s legislation implementing the Distance Selling Directive 97/7/EC, to cancel the contract for convenience.

15. Third Party Software. The Game contains font software licensed from third parties. Such font software shall only be used with the Game and may not be extracted from the Game for any purpose.

16. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the VerseUs Games Customer Service Department by our web form on our web site before returning the Game to a seller.

DISCLAIMER OF WARRANTIES AND CONDITIONS.

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF VR APP / GAME PROPERTIES IS AT YOUR SOLE RISK, AND VR APP / GAME PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. VR APP / GAME PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.

VR APP / GAME PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) VR APP / GAME PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF VR APP / GAME PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF VR APP / GAME PROPERTIES WILL BE ACCURATE OR RELIABLE

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH VR APP / GAME PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS VR APP / GAME PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. VR APP / GAME MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VR APP / GAME OR THROUGH VR APP / GAME PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FROM TIME TO TIME, VR APP / GAME MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT VR APP / GAME’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

Professional Advice Disclaimer.
VR APP / GAME OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE WEBSITE OR APPLICATION. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE WEBSITE, APPLICATION OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. VR APP / GAME IS CONTINUALLY UNDER DEVELOPMENT AND VR APP / GAME MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE WEBSITE OR APPLICATION. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE VR APP / GAME PROPERTIES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Medical Disclaimer. IN SUBSCRIBING TO OR OTHERWISE USING VR APP / GAME, YOU AFFIRM THAT EITHER YOUR PHYSICIAN HAS APPROVED YOUR USE OF THE SERVICES OR THAT ALL OF THE FOLLOWING STATEMENTS ARE TRUE: (I) NO PHYSICIAN HAS EVER INFORMED YOU THAT YOU HAVE A HEART CONDITION OR THAT YOU SHOULD ONLY DO PHYSICAL ACTIVITIES RECOMMENDED BY A PHYSICIAN; (II) YOU HAVE NEVER FELT CHEST PAIN WHEN ENGAGING IN PHYSICAL ACTIVITY; (III) YOU HAVE NOT EXPERIENCED CHEST PAIN WHEN NOT ENGAGED IN PHYSICAL ACTIVITY AT ANY TIME VR APP / GAME THE PAST MONTH; (IV) YOU HAVE NEVER LOST YOUR BALANCE BECAUSE OF DIZZINESS AND YOU HAVE NEVER LOST CONSCIOUSNESS AS A RESULT OF EXERTION; (V) YOU DO NOT HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN YOUR PHYSICAL ACTIVITY; (VI) YOUR PHYSICIAN IS NOT CURRENTLY PRESCRIBING DRUGS FOR YOUR BLOOD PRESSURE OR HEART CONDITION; (VII) YOU DO NOT HAVE A HISTORY OF HIGH BLOOD PRESSURE; AND (VIII) YOU DO NOT KNOW OF ANY OTHER REASON YOU SHOULD NOT EXERCISE.

Play Space Environment Disclaimer.ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING VR APP / GAME, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADESET, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.

No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT VR APP / GAME PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VR APP / GAME PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF VR APP / GAME PROPERTIES. YOU UNDERSTAND THAT VR APP / GAME DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF VR APP / GAME PROPERTIES.

Unreal Engine Disclaimers and Limitation of Liability
VR APP / GAME includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”).  All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.  VerseUs Games, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.  Without limiting the generality of the foregoing, VerseUs Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the VR APP / GAME, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this VR APP / GAME, or will not revoke approval of this VR APP / GAME for any or no reason.  Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by VerseUs Games and Epic.  VerseUs Games, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials.  This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither VerseUs Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of VerseUs Games’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses.  In no event will VerseUs Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of VerseUs Games’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of VerseUs Games’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if VerseUs Games, Epic or Epic’s affiliates have been advised of the possibility of such damages.  These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of VerseUs Games, Epic, Epic’s licensors, its and their affiliates, and any of VerseUs Games’s or Epic’s service providers shall be limited to the full extent permitted by law.