To download files on this site, you must review and agree to the terms of Immersal's End User License Agreement below.
Immersal Ltd (“Immersal”) has developed proprietary Technology for persistent multi-user augmented reality experiences. Applications developed by Immersal or other authorized Developers based on Technology make use of Cloud Services, the cloud-based software system maintained by Immersal or other authorized Providers for the purposes of receiving, processing and storing Data submitted into Cloud Services through the Applications. This Immersal End User License Agreement (“EULA”) shall define the terms and conditions of applicable to the License and the publishing and use of Application, as defined in this EULA, except as otherwise expressly agreed in the applicable License Agreement.
As used in the License Agreement and this EULA, the following terms and expressions, shall have the meaning set forth below:
“Account” means the account created in Cloud Service for each authorized User.
“Affiliate” of a party means any legal entity in which a party, directly or indirectly, holds more than fifty percent (50%) of the entity’s shares or voting rights. Any legal entity shall be considered an Affiliate as long as that interest is maintained.
“Analyses” means the analyses utilizing, in part, Data, Results or any other information derived from the use of Application pursuant to the Cloud Services Terms.
“Application” means any software application based on Technology or any component thereof, developed by Developer, whether a mobile app or a computer program. The use of Application shall imply the use of Technology and Cloud Services. Each Application shall be identified as being based on Technology, as further provided in Section 6.1(3)
“Cloud Services” means the cloud services made available by Provider to support the development and use of Applications.
“Cloud Services Terms” means the standard terms and conditions applicable to the use of Cloud Services.
“Data” means any information and data uploaded to Cloud Service by Users for the purposes of creating Results. Data can be for example photos, stored and processed by Provider as part of Cloud Services.
“Developer” means the developer of Application, whether Immersal, Provider or an authorized third -party developer.
“Documentation” means any documentation, specifications, instructions and any other materials related to Application or Cloud Services or the use thereof, along with any modifications and updates thereto.
“Effective Date” means the date of the commencement of the License, as confirmed in the License Agreement
“Fees” means any license fees and other charges payable by Publisher to Developer pursuant to the License Agreement, if any.
“Intellectual Property Rights” means, on a worldwide basis, all now known and hereafter known or acquired tangible or intangible
“License” means the license to publish and use Application.
“License Agreement” means the license agreement for the publishing of the Application for the Users, created as a written agreement or otherwise by way of Publisher publishing an Application for either personal or business use, subject to a Fee or for demonstration purposes without any Fee
“Publisher” means the publisher of the Application for the use of the Users
“Release” means an updated Application.
“Policies” means the operational guidelines and policies applied by Providers to provide and support the Cloud Service as valid from time to time.
“Provider” means Immersal or its authorized service provider operating and making available Cloud Services.
“Results” means the results of the use of Application, generated within Cloud Services based on Data, such as point clouds, maps and meshes.
“Subscription Period” means each period of subscription of the License, as specified in the License Agreement
“Technology” means any Immersal’s proprietary technology included in or used in the development of Application or Cloud Services or the operation thereof.
“Term” means the period of validity of the License Agreement.
“User” means the individual authorized to use the Application.
During the Term, Developer shall provide Publisher and Users limited general technical support through a developer forum or in such other form as decided by Developer from time to time. Developer shall have no responsibility for providing additional support directly to the Users of Applications created by other Developers.
Developer may from time to time at its sole discretion provided new Releases to the Application. Provider shall have no obligation to provide any Cloud Services to the older versions. New Releases may be subject to separate license terms and additional Fees, as provided by Developer at the time of the Release.
All Intellectual Property Rights and title to Results shall at all times belong to Provider and Publisher shall receive as a part of the License an unlimited and royalty-free right of use and distribution to its Results.
Publisher covenants, on behalf of itself and its successors and assigns, as well as on behalf of any Users, not to assert against Immersal, Provider, Developer, their Affiliates or licensors, any rights, or any claims of any rights, in Application, Cloud Service, or Documentation.
Any notice under the License Agreement shall be in writing and shall be delivered by e-mail to the e-mail address indicated in the License Agreement. Notices shall be deemed effective (the next day after the sending of the e-mail.
The License Agreement or License granted thereunder may not be assigned or sublicensed by Publisher in whole or in part without the prior written consent of Developer, such consent not to be unreasonably withheld or delayed. However, either party may assign the License Agreement with notice to the other party in the event of a merger, acquisition or similar corporate activity provided that the surviving entity agrees to be bound by the terms of the License Agreement.
This EULA, Cloud Services Terms or any other standard terms referred to herein may be modified from time to time by Developer by informing Publisher of the same in writing. Except for amendments to Fees as defined in Section 7(1), the changed terms shall become binding upon Publisher at the commencement of the next Subscription Period unless Publisher informs Developer in writing within thirty (30) days from Developer’s notice that it does not accept such changes, in which case the License Agreement shall terminate upon the end of then current Subscription Period.
The License Agreement shall be governed by and construed in accordance with the laws of Finland. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the License Agreement and shall be strictly excluded in all proceedings.
All disputes arising under or in connection with the License Agreement, its negotiations, performance, breach, existence or validity shall be primarily settled by negotiation and finally by arbitration in Helsinki, Finland, in accordance with the Arbitration Rules of the Finland Chamber of Commerce by one (1) arbitrator and in English language.