A. License terms for the Use of Virtual Reality Suite (VR-Suite)

13.02.2019 Supplements and amendments to the terms below.

Summary

  • Testing the demo version is and remains absolutely free of charge.
  • For commercial use a license has to be purchased.
  • If you use Oculus products, the Oculus guidelines and restrictions must be adhered to 100%: The content must not be pornographic, contain hate speech, excessive violence or addictive.
  • No illegal content may be uploaded. In case of violation, online access will be blocked immediately.
    In order to access the download page, you must confirm that you have read and accepted the complete license conditions.

1. Oculus Guidelines and Restrictions:

The guidelines and restrictions of Oculus must be observed. If you violate these guidelines, we must immediately suspend your account without further notice. To ensure that your content is absolutely Oculus compliant, we quote the original Oculus rules below:

Source of quotations: https://developer.oculus.com/distribute/latest/concepts/publish-content-guidelines/ (2019 Feb 14th)

“Here are some basic content standards that we apply to all apps and games.

The following is not accepted in the Oculus Store:

  • Pornography, including content for the purpose of sexual gratification.
  • Excessively violent content (including but not limited to: torture, rape, child abuse, animal abuse, cannibalism, glorification of gore and dismemberment).
  • Hate speech, bullying, molestation, or harassment.
  • Real-money gambling.
  • Applications directed to children or users under the age of 13.

When it comes to mature content (for instance violence, alcohol/drugs, nudity, or adult language), we are likely to accept content that generally falls within the threshold of an R-rating for a movie. Note that even though your application may contain these elements, the use of them in marketing materials on our platform may be limited. These policies are described in more detail in the Store Asset Content Guidelines section below.

Restricted Use of Oculus Name and Logos

The trademarks of Oculus, including its name, logo, and those of it or its partners’ products such as “Rift” or “Gear VR” must not appear anywhere in your app. The exceptions are:

  • References to Oculus hardware or services, for example in a “Quit to Oculus Home?” dialog box or similar UI.
  • Models or meshes supplied to you by Oculus explicitly for inclusion in your app, for example controller models with the Oculus logo on them.
  • The Oculus Brand site contains detailed information about how you’re able to use the Oculus name and assets.

2. VR-Suite License

License

  • The license applies to a commercial end customer for self-use.
  • VR projects may only be passed on to third parties free of charge.
  • Agencies may use the license to carry out commissioned work (commercial projects) for their agency clients.
  • The distribution of standardized products based on the VR-Suite (eg training courses, panorama portal or similar), which many end customers have to pay individually, is not permitted in the license. See “Product license”.

Logo and Project Portals

  • The license includes a project portal.
  • The logo of the Project Portal can be exchanged. The same logo will be displayed in the iMenu.
  • Only one logo per Project Portal can be integrated at the same time.
  • Another logo can be displayed while starting a project: “Splash Screen”
  • End customers can purchase additional Project Portals to make certain projects accessible to different target groups, e.g. separate Portals for: “Onboarding”, “Development Department” & “Marketing”.
  • Agencies can purchase additional Project Portals so that every agency client can only see their own projects and logos.
  • Agencies may also buy full licenses for their customers if the agency client wants to maintain the projects themselves. The license must then be entered on the agency customer.

Workplace & Devices

  • Use the license on up to two PCs to create projects.
  • Play on any number of devices, even after expiration of the contract.

End of Contract

  • All existing presentations can be further used.
  • The cloud server storage will be deleted after the expiry of the contract.
  • Rental license: No new 360° locations can be added.
  • Purchase License: New 360 ° Locations can still be added.
  • There is no entitlement to updates and support.

VR-Suite Rent

  • Net € 199, – / month *
  • Minimum contract period = 5 months
  • Terminable monthly

VR-Suite Purchase

  • Net € 2.995, – purchase price
    Updates for 12 months

3. Licenses for Agencies and Producers

Agency / Producer License for Customer Projects

  • The above license conditions apply.
  • Prices for agencies / producer licenses are available on request.

Product License for Products based on the VR-Suite

  • The product license entitles to the sale of standardized products based on the VR-Suite (eg training courses, Panorama Portal or similar).
  • The price per product license is available on request.

4. Licenses for Education & Academia

Deviations to the above license conditions:

License

  • The license is exclusive to students, teachers, faculty, and educational institutions.
  • The license may only be used to teach and learn how to create VR projects.
  • If the VR-Suite is to be used as the basis for commercial learning platforms, a product license must be purchased.
  • The license includes 10/3 Project Portals per serial.
  • Permanent present4D logo and splash screen.

Workplace & Devices

  • Use of license on up to 10 PCs to create projects.

5. Server Provider

  • In addition to the old server provider (Strato AG) we use Amazon Web Service for the VR suite 2.0 with server location Frankfurt (Germany).
  • Changes may be made at any time without notice.

6. HTML Export

 The HTML export module exports the following functionalities in version 1.0:

  • 360° Locations Photo & Video (all supported Equirect formats and Mono-Cubefaces)
  • Hotspots
  • Slideshows (all supported photo formats and mp4 video)
  • Sounds – Background and 3D directional (all supported formats)
  • All viewing angle settings
  • All names
  • All positions of interaction elements in 360° space
  • Icon settings (display, behavior)
  • Welcome text
  • Individual text label and color
  • i-Menu with sub-categories and logo

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December 2016

License terms for the Use of Virtual Reality Suite (VR-Suite)

A.             General Terms

The terms applicable under this Point A shall apply to all license types. Additional regulations for individual license types are set out in sections B to G.

1.             Definitions

  • “Licensor” shall mean present4D GmbH.
  • “License Object” shall mean the VR-Suite and the documentation hereto.
  • “License Key” shall mean the code made accessible to the licensee to enable it to activate the Software for the creation of VR-Presentations.
  • “Location” shall mean a 360° photo or a 360° video.
  • “Software” shall mean the VR-Suite.
  • “Update(s)” shall mean corrections, patches or repairs of the Software.
  • “VR-Presentations” shall mean presentations created with the VR-Suite.

2.             Intellectual property

The Software, all information contained in the Software and the documentation of the Software are proprietary intellectual property of the Licensor. The Licensor reserves all rights in the License Object unless expressly granted to the Licensee under these license terms. These terms grant the Licensee no ownership rights of any kind with regard to the License Object, including Updates, or to any industrial property rights and copyrights pertaining to it.

3.             License forms

  • A license subject to charge must be acquired in order to be able to create VR-Presentations. The license fee depends on the license form required and is further outlined in the price list.
  • A free of charge license only authorises to play and amend already completed VR-Presentations.
  • The Virtual Reality Suite will be licensed only to commercial customers.

4.             Licensing

  • The Licensee receives a non-exclusive, non-transferable right to use the License Object in accordance with these license terms. The details of the granted usage right are subject to the acquired license. The license is granted solely with regard to the object code. Rights to use the source code are not granted.
  • VR-Presentations can only be created if the Licensee (i) has acquired a license subject to charge and (ii) the Software is started with an internet connection at least every four weeks to enable validation of the license. If the Software is not connected to the internet every four weeks, VR-Presentations can only be created after establishing an internet connection.
  • The Licensee shall be entitled to activate the Software for the creation of VR-Presentations on up to two computer systems which are in the Licensee’s immediate possession.
  • For the purpose of playing and amending completed VR-Presentations, the VR-Suite may be installed on any number of devices.
  • The right to copy the Licence Object beyond the above-mentioned scope is limited to the extent necessary to load, display, play, transfer and store the Software in accordance to the authorised use. Backup copies by persons authorised to do so shall be permitted to the extent stated in sec. 69d para. (2) UrhG [Urhebergesetz – German Federal Copyright Act].
  • The right to decompile the License Object granted to the Licensee herein is only granted under the terms of sec. 69e UrhG.
  • The Licensee shall not be entitled to lease, lend or make the License Key accessible to third parties in any other manner.

5.             Terms and conditions of payment

  • The prices for the licenses are set out in the price list.
  • Notwithstanding other provisions, all amounts must be paid without deduction within 14 days from the receipt of invoice.

6.             Integrated third party software (Updated February 2019)

The Software may be distributed together with third party software components that are (sub-)licensed on the basis of the license terms applicable to those other software components. Such other license terms are listed below these license terms for the use of the VR-Suite. The license terms applicable to such third party software are integral part of these VR-Suite license terms. If there is a conflict or inconsistency between these license terms for the use of the VR-Suite and the license terms applicable to the third party software, the license terms applicable to the third party software prevail to the extent the respective third party software is affected.

7.             Test versions

Test versions of the Software may not be used by commercial users for the creation of VR-Presentations.

8.             Updates

  • The Licensor shall be entitled – but not obliged – to provide Updates. In its own interest, the Licensee should install Updates at a point of time that leaves sufficient time for the solution of a problem that may occur in connection with the Update.
  • The Licensee can refuse the use of the Update. However, faultless functioning of the VR-Suite cannot be ensured in this case.
  • These license terms shall also apply to Updates that may be provided or are made available, unless other terms are provided with the Update.

9.             Online storage space

  • The online storage space is hosted by a third-party service provider. The Licensor does not warrant the permanent availability and security of the data hosted on the server of the third-party provider. Consequently, the Licensee must always save its data on a data-carrier under its control. Subject to another choice by the Licensor, the current third party provider is Strato AG. The terms and conditions of the hosting service provider must be observed by the Licensee. If the Licensee would like to use its own server, the Licensor shall be contacted for the coordination of technical details.
  • For technical reasons, presentations exceeding the size of 4 GB can currently not be uploaded to the online storage space. Larger presentations can be copied to mobile terminals using a data cable.
  • Uploading illegal contents is expressly forbidden. The online access will be blocked immediately in the event of infringement.
  • Upon expiry of the license or default of payment, the online storage space will be deleted without additional prior announcement. The presentations can then no longer be distributed via internet to mobile devices. Existing contents can still be copied via cable to mobile terminals of the Licensee after termination of the agreement.

10.          Virtual Reality glasses

The health conditions and safety advice of the glasses manufacturer must be observed during the use of virtual reality glasses. The Licensee shall expressly undertake to draw the attention of its users to the health conditions and safety advice.

11.          Defects

  • The contractual object materially complies with the product description. Warranty claims shall be excluded in case of immaterial deviations from the agreed or presumed product characteristics and if the use of the product is only immaterially impaired. Product descriptions shall not be deemed as guaranteed unless separately agreed in writing. In respect of Updates, upgrades and new version deliveries, Licensee’s rights in case of defect shall be limited to those features of the Update, upgrade or new version that are new compared to the previous version.
  • If Licensee demands replacement performance because of a defect, the Licensor shall be entitled to choose between improvement, substitute delivery or substitute performance. The remedying of the defect may also take place through the delivery or installation of a new program version or work-around. If the defect does not or does not substantially impair the functionality, the Licensor shall be entitled, to the exclusion of further rights in case of defect, to remedy the defect delivering a new version or an Update as part of its version, Update and upgrade planning.
  • If the defect is not cured within the first deadline and the Licensee has set the Licensor a reasonable further deadline without success or, if a reasonable number of attempts to provide improvements, substitute deliveries or substitute performances has not remedied the defect, the Licensee may assert its statutory claims.
  • The Licensor’s liability for damages shall be governed by clause 13.

12.          Infringement of industrial property rights

  • The Licensee must inform the Licensor without delay about claims asserted by third parties based on alleged industrial property right infringements.
  • To the extent industrial property right are infringed, the Licensor is, at its own discretion and at its own expense, entitled to (i) carry out alterations, while protecting the interests of the Licensee, that ensure that an industrial property right of the third party is no longer infringed or (ii) acquire the rights required for the Licensee.
  • The Licensor’s liability for damages shall be governed by clause 13.

13.          Liability

  • The Licensor shall be liable unrestrictedly for damages caused by intent and gross negligence, in the case of damage caused by fraudulent non-disclosure of a defect, damage due to breach of a guarantee, claims arising from the German Product Liability Act [Produkthaftungsgesetz], or in case of death, personal injury or damage to health due to intent or negligence.
  • In case of losses caused by negligent breach of primary obligations (i.e. an obligation which is crucial for the proper performance of the agreement and on whose observance the partner relied upon and could have reasonably relied upon), the liability of the Licensor shall be limited to the amount which is typical and foreseeable on conclusion of the agreement.
  • Any additional liability of the Licensor shall be excluded. The Licensor shall in particular not be liable for the functionality of telecommunications networks, in the event of power failures and failures of servers that are not under the control of the Licensor and for data losses that could have been prevented by regular backups by the Licensee.
  • The limitation of liability stated above shall also apply to the personal liability of personnel, representatives and executive bodies of the Licensor.

14.          Data protection

  • The Licensor collects, processes and uses personal data for the purpose of the performance of the agreement. The following (personal) data shall be collected, processed and used in this regard: name, address, e-mail address and, if applicable, contact data of the contact person, License Key, date of despatch of the License Key, logo, start screen.
  • In addition, the privacy policy available on the homepage of the Licensor at www.vr-suite.com shall apply.

15.          Term

  • The agreement between the Licensee and Licensor shall be concluded upon the Licensor’s acceptance of the Licensee’s offer to conclude the agreement; at the latest, however, with transmission of the License Key.
  • To activate a license subject to charge that authorises to create VR-Presentations, a License Key must be applied for. It can take up to 24 hours until an applied License Key has been generated. The Licensor must be contacted for earlier activation in urgent cases.
  • The term of the use right for the License Object depends on the license acquired by the Licensor.
  • The term of the use right for the License Object shall begin upon the Licensee’s receipt of the License Key. The term of the agreement and the use right for the License Object shall be automatically renewed in each case by the initial license term agreed to for the particular license, unless it is terminated with a period of notification of 14 days to the expiry of the particular term.
  • The agreement can be terminated for cause by either party without observing a period of notification.

16.

Use rights after expiry of the license

  • The use of created VR-Presentations may be continued after the end of the use rights of the respective license.
  • After the expiry of the contractual term, no further Locations can be integrated in the created VR-Presentations.
  • Creating new VR-Presentations is not possible after the expiry of the contractual term.

17.

Miscellaneous

  • The Licensee may only set-off against Licensor’s claims with those claims of the Licensee that are undisputed or have been confirmed by a court.
  • General terms and conditions of the Licensee shall not apply even if the Licensor has not separately objected to them.
  • The contractual object may be subject to import or export restrictions. If the Licensee is located outside of Germany, the Licensee shall ensure that the use of the contractual object is permissible in its country before making use of the contractual object.
  • These license terms shall be subject to German law, excluding the UN Sales Convention.
  • Insofar as the Licensee is a Merchant [Kaufmann], a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the Licensor and Licensee shall be the seat of the Licensor.
  • If a provision of this agreement is or becomes in whole or in part invalid or not executable or unenforceable, the validity of the other provisions of this agreement shall not be affected thereby. The same applies if this agreement contains a gap. Instead of the invalid, not executable or unenforceable provision or in order to fill the gap, a provision is deemed agreed upon which – to the extent legally possible – achieves the objective which the parties pursued with the invalid, not executable or unenforceable provision – or – in the event of a gap – with the agreement as a whole.

B.

Additional terms for licenses for commercial end-customers’ own use

18.

License

  • The Licensee shall be entitled to create VR-Presentations for its own use and to present or distribute them free-of-charge.
  • Created VR-Presentations may not be presented to third parties or forwarded to them subject to charge.

19.          Logo and start screen

  • The logo of the Licensee shall be permanently integrated into the location menu. The Licensee can carry out the integration and activation of the logo.
  • The logo of the Licensee may only be replaced if such replacement is necessary as a result of a change of the corporate design. A change may be made free-of-charge up to three times a year. Upon request by the Licensor, the change of the corporate design must be verified by the Licensee. An additional fee shall be charged for further changes of the logo.
  • The logo and start screen must permit unambiguous identification of the Licensee.

C.

Additional terms for agencies and producer licenses for customer projects

20.          License

  • For customer projects, the agency/producer must acquire a license subject to charge for each customer.
  • The agency/producer as Licensee shall be entitled to create VR-Presentations for the customer for whom the license was acquired.
  • With the exception to the respective customer, created VR-Presentations may not be forwarded to third parties against payment. The respective customer shall be entitled to create VR-Presentations for its own purposes and to present or distribute them free-of-charge. If the respective customer intends additional use of the VR-Presentation, an additional license must be acquired.

21.          Logo and start screen

  • The logo of the respective customer shall be permanently integrated into the location menu. The Licensee can carry out the integration and activation of the logo.
  • The logo of the customer may only be replaced if such replacement is necessary as a result of a change in the corporate design. A change may be made free-of-charge up to three times a year. Upon request by the Licensor, the change of the corporate design must be verified by the Licensee. An additional fee shall be charged for further changes of the logo.
  • The logo and start screen must permit unambiguous identification of the customer of the Licensee.

D.

Additional terms for agencies and producer licenses for small projects

22.          License

  • An agency/producer which has acquired a license for commercial end-customers’ own use (see section B) can acquire an additional license per Location for small projects.
  • This additional license shall entitle the agency/producer to create VR-Presentations for individual Locations for third parties to the extent permitted by the additionally acquired licenses. The agency/producer may integrate the logo of the customer in the VR-Presentation.
  • With the exception of the customer of the respective project, the VR-Presentations created may not be forwarded to third parties against payment. The respective customer shall be entitled to present or distribute these VR-Presentations free of charge for its own purposes. If the respective customer intends additional use, an additional license must be acquired.

23.          Logo and start screen

  • The logo of the particular customer shall be permanently integrated into the location menu. The Licensee can carry out the integration and activation of the logo.
  • The logo of the customer may only be replaced for the particular project if such change is necessary as a result of a change in the corporate design. A change may be made free-of-charge up to three times a year. Upon request by the Licensor, the change of the corporate design must be verified by the Licensee. An additional fee shall be charged for the further changes of the logo.
  • The logo and start screen of the particular project must permit unambiguous identification of the customer.

E.

 Additional terms for product licenses for products on the basis of the VR-Suite

24.          License

  • For the product licenses, the Licensee must first acquire a license for commercial end-customer’s own use (see section B). In addition, the Licensee must acquire an additional product license. The associated license terms and the license fees shall be communicated to the Licensee upon request.
  • The Licensee shall be entitled to produce one VR-Presentation in each case, which is forwarded as a standardised product to third parties against payment.

25.          Logo and start screen

  • The logo of the Licensee shall be permanently integrated into the location menu. The Licensee can carry out the integration and activation of the logo.
  • The logo of the Licensee may only be replaced if such replacement is necessary as a result of a change in the corporate design. A change may be made free-of-charge up to three times a year. Upon request by the Licensor, this change in of the corporate design must be verified by the Licensee. An additional fee shall be charged for further changes of the logo.
  • The logo and start screen must permit unambiguous identification of the Licensee.

F.

Additional terms for white label apps

26.          License

  • The Licensee must be the owner of a license subject to charge. In addition, the Licensee must acquire an additional white label app license for each platform on which the white label app shall appear.
  • The white label app license shall entitle the Licensee to use the VR-Suite and created VR-Presentations with the individual app icon and the individual app name provided by the Licensee without the logo of present4D.

G.

Additional terms for player licenses

27.          License

  • A player license is a free-of-charge license.
  • It solely entitles to play and amend complete VR-Presentations that were created with a license subject to charge. It shall not include additional services. In particular, no VR-Presentations can be newly created with the player license. The integration of additional Locations is likewise excluded.

28.          Disclaimer

In deviation from clause 13, the Licensor shall only be liable unrestrictedly for damages caused by intent and gross negligence, in the case of damage caused by fraudulent withholding of a defect, damage due to guarantee infringements, claims from the German Product Liability Act [Produkthaftungsgesetz] or in the case of death, personal injury or damage to health due to intent or negligence. Additional liability shall be excluded.

29.

Miscellaneous

Clauses 4.2, 4.3, 5, 9, 11, 13 to 15 and 16 shall not apply to the player license.

As of : December 2016

B. License terms for the Use of  VR-Business Report

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any mean – electronic, photocopy, mechanical, recording, or any other except for brief quotations in printed review – without the prior permission of the publisher.

A transfer to third parties is not allowed. Therefore, the download name and email address of the user are saved and the reports are personalized in certain places in the document. Thus it can be determined with each report, which user passed on the document unauthorized.

This report is presented solely for educational and inspirational purposes and should allow the readers to gain understanding of the use of VR technology based on examples of best practice in reference projects. The publisher is not offering it as legal, accounting, or other professional services advice. While best efforts have been used in preparing this version of report, the publisher make no representations or warranties of any kind and assume no liabilities of any kind with respect to the accuracy or completeness of the contents and specifically disclaim any implied warranties of merchantability or fitness of use for a particular purpose. The publisher shall not be held liable or responsible to any person or entity with respect to any loss or incidental or consequential damages caused, or alleged to have been caused, directly or indirectly, by the information or recommendations contained herein. No warranty may be created or extended by sales representatives or written sales materials. Every company is different, and the advice and recommendations contained herein may not be suitable for your situation.

Designations used by companies to distinguish their products are often claimed as trademarks or registered trademarks. In all instances in which present4D GmbH is aware of a claim, the product names appear in initial capital or all capital letters. Readers, however, should contact the appropriate companies for more complete information regarding trademarks and registration.
The provider assumes no responsibility for all web content linked to the cross-reference (link), since this is not our own content. The linked pages were checked for unlawful content; at the time of linking, they were not recognizable. Responsible for the contents of the linked pages is their operator. Thus, the provider does not have a general monitoring and auditing obligation. In case of an infringement, the corresponding link will be removed immediately.

C. Third Party Licenses:

https://vr-suite.com/en/license-agreement/

Please also note our other pages on licenses, hosting and data protection