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Concert Creator End User License Agreement

 

Please read this Agreement carefully and IN WHOLE. It is a legal document that explains your rights and obligations related to your use of the Concert Creator Technology, which includes the Concert Creator cloud-streamed application and related assets and technologies. By accessing or using the Concert Creator Technology, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not access or use the Concert Creator.

 

1. License Grant

 

1.1 License. 

Imagine XR grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (a) use Concert Creator and related Assets to create virtual concerts, (b) modify and export the generated virtual concerts as video, and (c) use the exported videos strictly in your personal YouTube / Social Media channels, subject to the limitations in 1.2 (Restrictions and Limitations).

 

1.2 Restrictions and Limitations.

The rights that Imagine XR grants you under the License are subject to the limitations and other terms of this Agreement, and you may only make use of the License if you comply with all applicable terms. 

 

The License becomes effective on the date you accept this Agreement. The Concert Creator Technology is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Concert Creator Technology.

 

Videos and Virtual Concerts generated using Concert Creator are strictly licensed for use only on your personal YouTube / Social Media channels. You may not sub-license, sell, mint as NFT, upload or embed in a website, server or an application any of the generated Videos and Virtual Concerts. Such use requires a custom license. Please contact info@concertcreator.ai to discuss custom licensing. 

 

Each video created with Concert Creator and uploaded to YouTube / Social Media should have the exact following message in the description field (no extra spaces or lines), for the entire period the video is available for public:

 

Video created with Concert Creator: https://concertcreator.ai

You may not do any of the following with respect to the Concert Creator Technology or any of its parts: (a) copy, reproduce, display, perform, or otherwise use it in a way that is not expressly authorized in this Agreement; (b) sell, rent, lease, license, distribute, or otherwise transfer it; (c) allow a third party to use it; (d) make it available to third parties on a software-as-a-service, hosted service, time-sharing, service bureau or similar basis, (e) reverse engineer, derive source code from, adapt, translate, decompile, or disassemble it, or otherwise attempt to learn the inner workings, structure, algorithms, or ideas underlying it; (f) modify or otherwise prepare derivative works of it; (g) access or use it with a bot or other automated tool; (h) use it to develop any technology or product that is competitive with the Concert Creator Technology; (i) create or download more Generated Virtual Concerts than reasonably necessary; (j) you may not use the Concert Creator Technology for the purpose of building or enhancing any database or training or testing any artificial intelligence, machine learning, deep learning, neural network or similar technology; (k) incorporate Concert Creator into your Product or other product or service; (l) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (m) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or (n) use, access, download, release, export, or re-export it in violation of any applicable law or regulation or for any unlawful purpose.

 

In order to access and use Concert Creator, you must set up an Account. You may not share or allow others to use your Account. You are responsible for the security of your Account. 


 

2. Feedback

If you provide Imagine XR with any Feedback, you hereby grant Imagine XR a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country.

 

3. Ownership

Imagine XR and its licensors own all title, ownership rights, and intellectual property rights in the Concert Creator Technology, and all related data. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise. The consideration provided to Imagine XR under this Agreement is only for the License. Any other rights would require an additional license and separate consideration, and nothing in this Agreement requires or will be treated to require Imagine XR to grant any additional licenses.

 

4. Disclaimers and Limitation of Liability

Concert Creator is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Imagine XR, its affiliates, and its and their licensors and service providers (collectively, the “Licensor Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to Concert Creator, including without limitation regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Imagine XR knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Concert Creator may be subject to planned or unplanned limitations or changes to access, availability, performance, or capacity, which may impact your use or ability to use the Concert Creator Technology without notice. Any allocation of time, seats, availability or other capacity to use Concert Creator is not guaranteed. Without limiting the foregoing, the Licensor Parties make no warranty that (1) Concert Creator will operate properly, (2) the operation or availability of Concert Creator will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in Concert Creator can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law.

 

To the maximum extent permitted by applicable law, the Licensor Parties shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or Concert Creator, even if a Licensor Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor Parties arising out of or in connection with this Agreement or Concert Creator (including any loss, alteration or corruption of work in progress) will not exceed One Hundred Dollars (USD $100). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

 

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of Concert Creator.

 

5. Termination

Without limiting any other rights of Imagine XR, this Agreement will terminate automatically without notice if you fail to comply with any terms and conditions of this Agreement. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Downloaded Software in your possession.

 

6. Governing Law and Jurisdiction

You agree that this Agreement will be deemed to have been made and executed in Helsinki, Finland, and any dispute will be resolved in accordance with the laws of Finland, excluding that body of law related to choice of laws, and of Finland. 

 

7. Class Action Waiver

You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to Concert Creator or this Agreement. You also agree not to seek to combine any action or arbitration related to Concert Creator or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.