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Jam Studio VR - Education & Health Care Edition

Terms of Use

Jam Studio VR. Software License Agreement This Software License Agreement (this "License") is by and between you, the individual who has clicked on the "I Agree" button below ("You" or "Your"), and Beamz Interactive, Inc. ("Beamz"), and governs Your use of the software programs known as "Jam Studio VR", an interactive music software application developed by Beamz, as well as any documents, music content, songs and other materials, goods or services which may accompany the same or are otherwise provided in connection with this License (collectively, the "Software"). Carefully read the following terms and conditions of this License. If You agree to the terms and conditions of this License in its entirety, then please indicate Your acceptance by clicking on the "I Agree" button found at the end of this License. If You do not agree to the terms and conditions of this License, then You are prohibited from downloading, installing or making any use of the Software any Music Content and songs, confidential information or any other goods or services provided or to be provided under or in connection with this License. This License shall be deemed made and entered into by You and Beamz as of the date of Your acceptance of this License. 1. Grant of License. 1.1 License. Subject to the terms and conditions of this License, Beamz grants You a limited, non-exclusive and non-transferable license to: (a) install from the Viveport store, the Steam store, or any other platform or store offering the Software onto no more than three (3) computer hardware devices owned or controlled by You for personal use or one (1) computer music content and songs, hardware device owned and controlled by You for business use; and (b) use the Software, music content and songs solely for Your personal and/or business use. Except as expressly provided for under this Section 1.1, You shall have no right to, and under no circumstances (including, without limitation, notions of fair use or other infringement defenses) shall You, copy or reproduce the Software, distribute, transmit, display, perform, disseminate or publish the Software, including any related music content or songs, remove any notices or markings found on or made a part of the Software, circumvent any encryption devices made a part of the Software, modify, alter or change the Software, reverse compile, reverse assemble, reverse engineer or otherwise attempt to access, use or disclose the Software's program or source code(s), transfer or sublicense this License to another party, or permit any third party to do any of the foregoing. 1.2 Ownership. The Software, music content and songs (together with all elements and derivatives thereof, including, without limitation, all copyrights, trademarks, patent rights, , and trade secrets) are the sole and exclusive property of Beamz or, with regard to certain elements of the Software, the sole and exclusive property of a third party who has licensed the same to Beamz (with this License being a permissible sublicense thereof). Your right to use the Software is not coupled with an interest. In no event shall You own, have or retain any rights, titles or interests in or to the Software or any elements or derivatives thereof other than those limited rights expressly provided for under Section 1.1 of this License. 1.3 Reservation of Rights. Nothing in this License shall restrict or limit any rights, titles or interests of Beamz or Beamz's third-party licensor in and to the Software, music content and songs. You are not entitled to make any uses of the Software other than those limited uses expressly provided for under Section 1.1 of this License. 2. Confidentiality. 2.1 Non-disclosure. Unless You have the express prior written consent of Beamz, You shall not directly or indirectly disseminate, divulge, transmit, publish, transfer, release or otherwise disclose to a third party: (a) any passwords or other access codes provided to You by Beamz for use in connection with the Software; (b) any non-public or proprietary information relating to the Software that is designated or identified as being "Confidential", "Proprietary" or of some similar designation; or (c) any non-public or proprietary information relating to the Software that You know or should know is considered highly sensitive and confidential (collectively, the "Confidential Information"). You must do all things necessary to prevent any of Your family members, roommates, officemates, agents, employees, representatives and other third parties from acquiring or disclosing the Confidential Information. Your agreement of non-disclosure is expressly part of the consideration for this License, and shall survive the termination of this License in perpetuity. 2.2 Confidential Information Ownership. The Confidential Information (together with all elements and derivatives thereof, including, without limitation, all copyrights, trademarks, patent rights, and trade secrets) is the sole and exclusive property of Beamz. Your right to use the Confidential Information (if any) is not coupled with an interest. Neither this License nor any disclosure of the Confidential Information grants You a license as to the Confidential Information by implication, estoppel, or otherwise under any patent, copyright, trade secret, trademark, or other proprietary right. 3. Injunctive Relief. You understand and acknowledge that the unauthorized use or disclosure of the Software or the Confidential Information will cause Beamz immediate and irreparable harm and significant injury, which may be difficult to measure with certainty or to compensate through monetary damages. Therefore, You agree that in the event You directly, indirectly or inadvertently cause an unauthorized use or disclosure of the Software, music content, songs or the Confidential Information, Beamz shall be entitled to obtain a temporary restraining order, a preliminary injunction, a temporary injunction and/or a permanent injunction, without the necessity of a bond, against such breach from any court of competent jurisdiction. Beamz's right to obtain such relief shall not limit its right to obtain other remedies. In addition, Beamz may seek commensurate remuneration for any and all activities required to investigate and verify the unauthorized use or disclosure of the Software, music content, songs or the Confidential Information. 4. Termination. This License, and the limited rights granted to You under this License, shall automatically terminate upon the earlier of either: (a) any breach of any term or condition of this License by or because of You; or (b) Beamz providing You with written notice of the termination of this License for any reason or for no reason. Upon the termination of this License, or upon Beamz providing You with written notice for any reason or for no reason, You shall immediately destroy the Software, music content, songs, the Confidential Information and any copies thereof in Your possession, custody or control, and immediately confirm in writing to Beamz that You have done so. The following rights and obligations of the parties hereunder shall survive the termination of this License: (x) all rights and obligations which accrued as of the termination of this License; (y) all rights and obligations under Sections 1.2, 1.3, 2.1, 2.2, 3, 4, 6, 7, 8, 9 and 10 of this License; and (z) any and all other rights and obligations under provisions which by their terms, conditions, nature or implication are expressly stated to, or are intended to, survive the termination of this License. 5. Support Services. Beamz provides commercially reasonable Software support services (the "Support Services"). You may access the Support Services by visiting the Beamz website located at www.virtualmusicvr.com. 6. Disclaimer. Your download, installation and use of the Software, music content, songs, the Confidential Information and the Support Services are done at Your own risk. Beamz does not make, nor has Beamz made, any representations or warranties of any kind or nature (whether direct or indirect, whether oral or in written, or whether express or implied) to You with respect to the Software, music content, songs, the Confidential Information, the Support Services or any other goods or services provided or to be provided under or in connection with this License. Accordingly, Beamz expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, and performance), and warranties arising from conduct, course of dealing, custom and usage in trade. Beamz has made no affirmation of fact or promise relating to the Software, music content, songs, the Confidential Information, the Support Services or any other goods or services provided or to be provided under or in connection with this License that has become any basis of this bargain. There are no warranties (express, implied or other) that extend beyond the description on the face of this License; the Software, music content, songs, the Confidential Information, the Support Services and any other goods and services provided or to be provided under or in connection with this License are provided on an "as is" basis. 7. General Release and Waiver. You expressly, irrevocably and unconditionally waive, release and discharge Beamz and Beamz's officers, directors, owners, partners, agents, employees, affiliates, successors and assigns from any and all liabilities, claims, suits, demands, actions, judgments, losses and damages (including, without limitation, direct, indirect, punitive and special damages, costs, attorneys' fees, lost profits, lost business opportunities, and insurance expenses) whatsoever which You or any third party have or may have against them for indemnification, damage to personal property, breach of or interference with a third-party warranty or contract, negligence, recklessness, products liability, criminal liability, infringement, invasion of the right of privacy, violation of the right of publicity, defamation, disparagement, indecency, obscenity, fraud, misrepresentation, discrimination, indemnification, reimbursement and/or any other legal theory arising from or in connection with the Software, the Confidential Information, the Support Services or any other goods or services provided or to be provided under or in connection with this License. 8. Limitation of Liability. In no event shall Beamz or Beamz's officers, directors, owners, partners, agents, employees, representatives, affiliates, successors or assigns be liable to (or be obligated to indemnify) You or any third party for any indirect, punitive or special damages, costs, attorneys' fees, lost progits, lost business opportunities or insurance expenses for or in connection with any claim of breach of contract, breach of warranty, indemnification, damage to personal property, breach of or interference with a third-party warranty or contract, negligence, recklessness, products liability, criminal liability, infringement, invasion of the right of privacy, violation of the right of publicity, defamation, disparagement, indecency, obscenity, fraud, misrepresentation, discrimination, indemnification, reimbursement and/or any other legal theory arising from or in connection with the Software, the Confidential Information, the Support Services or any other goods or services provided or to be provided under or in connection with this License. 9. Representations and Warranties. You represent and warrant to Beamz that: (a) You are a natural person; (b) You have read this License in its entirety; (c) You have the full right and authority to enter into and abide by the terms and conditions of this License in its entirety; (d) and You voluntarily accept and agree to the terms and conditions of this License in its entirety. 10. Miscellaneous. 10.1 No Assignment or Delegation. You shall not assign, delegate or otherwise transfer any of Your rights or obligations under this Agreement without Beamz's prior written consent. Any purported transfer without such prior written consent shall be void. Beamz shall have the unencumbered and unlimited right to freely assign, delegate and otherwise transfer any of its rights and obligations under this Agreement. 10.2 Waiver of Rights. A party's delay or failure to exercise a right or remedy available hereunder shall not constitute a waiver of such right or remedy. Any waiver of any rights or remedies of Beamz must be in a writing signed by Beamz. 10.3 Headings. Headings are inserted for reference and convenience only and in no way define, limit or describe the scope or intent of this License. 10.4 Governing Law. This License shall be governed, interpreted and enforced in accordance with the laws of the State of Arizona and applicable federal law of the United States, regardless of the place of its execution or performance and any conflicts of law analysis. For the avoidance of any doubt, The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. The parties irrevocably agree, consent and otherwise submit to the exclusive jurisdiction of a court of appropriate jurisdiction located in Maricopa County, Arizona for the adjudication of any dispute, controversy or claim arising from or in connection with this License. 10.5 Severability. If any term or condition of this License is held invalid or unenforceable by a court of appropriate jurisdiction, then said term or condition shall be fully severed from this License and the remaining terms and conditions shall not be affected. 10.6 Modification. No modification, amendment, release or waiver of this License, in whole or in part, by You shall be valid unless it is in writing and signed by both parties. Beamz, and only Beamz, shall have the right to modify, amend, release or waive this License, in whole or in part, without Your prior written consent; provided, however, that Beamz notifies You of any such modification, amendment, release or waiver, and that any such modification, amendment, release or waiver shall not apply to any dispute of which You and Beamz had actual notice of on or before the date of such modification, amendment, release or waiver. 10.7 Entire Agreement. This License sets forth the entire agreement understanding between the parties and supersedes all prior agreements, if any, made between the parties (orally or in writing) relative to the subject matter of this License. This License shall inure to the benefit of and be binding upon the parties and their respective affiliates, successors and assigns. 10.8 Contact and Notices. Please direct any questions or comments You may have about the Software to: Beamz Interactive, Inc. Attention: Customer Relations 9004 Menaul NE -Suite 5 Albuquerque NM 87112 505-292-1624 E-mail: info@thebeamz.com Copyright © 2017 Beamz Interactive, Inc. All Rights Reserved. If You agree to the terms and conditions of this License in its entirety, then please indicate Your acceptance and agreement by clicking on the "I Agree" button below.

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