BY DOWNDLOADING AND/OR USING THE FULL DOME PLANETARIUM SHOW - BACK TO THE MOON FOR
GOOD (“DOME SHOW”) PROVIDED TO YOU BY OR ON BEHALF OF XPRIZE FOUNDATION, INC. (“XPRIZE”),
YOU ACKNOWLEDGE AND AGREE THAT:
1. YOU HAVE READ THIS TERMS OF SERVICE (“AGREEMENT”);
2. YOU UNDERSTAND IT;
3. YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT; AND
4. YOU MAY RECEIVE, WITHOUT FURTHER NOTICE AND PROMPTING, UPDATED VERSIONS
OF THE DOME SHOW.
IF YOU DO NOT AGREE TO THE ABOVE, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU
WILL NOT USE THE DOME SHOW.
1. GENERAL: This Agreement contains details on your limited right and license to use the Dome Show. The Dome Show contains material that is protected by copyright and other applicable intellectual property laws in the U.S and other territories and by international treaty provisions.
The Dome Show is licensed, not sold or given, to you by XPRIZE for use only under the terms of this Agreement and all rights not specifically granted to you herein are reserved to XPRIZE. You may not remove any proprietary notice of XPRIZE or any other party from any copy of the Dome Show.
XPRIZE reserves the right to change the terms of this Agreement in our sole and absolute discretion without notice to you. The most current version of this Agreement will supersede all previous versions. Your use of the Dome Show after changes are made means that you agree to be bound by such changes. As such, you should review the Agreement periodically.
2. PRIVACY: When reasonably practicable, XPRIZE will attempt to respect your privacy. XPRIZE will not monitor, edit, or disclose any personal information about you without your consent unless XPRIZE has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; and (ii) protect and defend the rights of XPRIZE
3. LIMITATION ON YOUR RIGHTS: XPRIZE grants you a non-exclusive, limited, personal and nontransferable license, subject and conditioned on your compliance with the restrictions set forth in this Agreement. The Dome Show is only for your own personal, non- commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit of any other person or entity. As a condition of the limited license for the Dome Show granted to you in this Agreement, except as and only to the extent expressly permitted in this Agreement or by applicable law which cannot be waived by this Agreement, you may NOT: (a) publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Dome Show or any part thereof; (b) copy, decompile, reverse engineer,disassemble, translate, adapt or otherwise reduce the Dome Show to human readable form; and/or (c) take any action that will infringe on the intellectual property or other proprietary rights of XPRIZE.
4. DISCLAIMER OF WARRANTIES: THE DOME SHOW IS PROVIDED “AS IS “WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE DOME SHOW IS AT YOUR SOLE RISK. XPRIZE DOES NOT WARRANT THAT THE DOME SHOW WILL BE UNITERRUPTED OR ERROR FREE, NOR DOES XPRIZE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE DOME SHOW. XPRIZE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE DOME SHOW.
5. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL XPRIZE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE DOME SHOW. XPRIZE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF USE, OR LOSS OF GOODWILL WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF CIRCUMSTANCES CAUSE AVAILABLE REMEDIES TO FAIL.
6. INDEMNIFICATION: You agree to indemnify, hold harmless and defend XPRIZE from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this agreement; (b) your use of the Dome Show; and (c) unacceptable use of the Dome Show.
7. TERMINATION: This Agreement is effective until terminated. Your rights under this Agreement are terminable by XPRIZE at any time and without notice. Further, this Agreement will terminate if XPRIZE finds that you have violated any of the terms of this Agreement. No waiver of any breach of any provision of this Agreement by XPRIZE shall consist a waiver of any prior, concurrent OR subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and signed by an authorized representative of XPRIZE.