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Earthlight: Spacewalk

Terms of Use

EARTHLIGHT VIVEPORT LICENSE TERMS These license terms are an agreement between you and Opaque X Pty Ltd (herein referred to as Opaque Space), a private limited liability corporation. By downloading and using the Earthlight software through the Viveport platform, you agree to be bound by these terms. If you do not or cannot agree to these terms, do not download or use the software. RESTRICTIONS (a) If you did not download the Earthlight software through the Viveport platform, this agreement does not apply to you. You may fall under one of our other Earthlight software licenses. Email legal@opaque.media for details. (b) If your use of the Earthlight software is designed to facilitate any gambling-related activities, this agreement does not apply to you. You must email legal@opaque.media for separate license terms. (c) If your use of the Earthlight software is designed to facilitate the operation of nuclear facilities, aircraft navigation or aircraft communication systems, or for any military use, this agreement does not apply to you. You must email legal@opaque.media for separate license terms. LICENSE GRANT (a) Opaque Space grants you a non-exclusive non-transferable, limited, revocable License for you to use the Earthlight software through and in conjunction with the Viveport platform. The rights that Opaque Space grants you under the License are subject to the terms of this agreement, and you may only make use of the License if you comply with all applicable terms. OWNERSHIP (a) Opaque Space owns and retains all title, ownership rights, and intellectual property rights associated with the Earthlight software. LIMITATION OF LIABILITY, WARRANTY (a) To the maximum extent permissible by law, and except were explicitly covered herein, Opaque Space disclaims all warranties, duties and representations (unless made in writing) with respect to the Earthlight software and all other material and information provided by Opaque Space in association with this agreement, including, without limitation, all implied and statutory warranties and conditions of any kind, including: title, non-interference with enjoyment, authority, merchantability, fitness or suitability for any purpose, whether alleged to arise under law, by reason of custom or usage in the trade or by course of dealing. Without limiting any warranty expressed herein and except through any support program offered through the Viveport platform, Opaque Space makes no warranty that any defects in the Earthlight software or any associated material or information can or will be corrected. (b) To the maximum extent permitted by law, Opaque Space cannot be held liable in any way for any loss or damage of any kind resulting from the use or inability to use the Earthlight software or any associated materials or information, including but not limited to: loss of goodwill, work stoppage, computer failure or malfunction, loss of profits or any direct, indirect, incidental, consequential, special, punitive or exemplary damages or any and all other commercial damages or losses even in the event of Opaque Space or its affiliates' fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Opaque Space or its affiliates have been advised of the possibility of such damages. (c) These limitations and exclusions regarding damages apply even if any remedy or restriction fails in its essential purpose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Opaque Space, its licensors, its and their affiliates, shall be limited to the full extent permitted by law. (d) You agree to indemnify, pay the defence costs of, and hold Opaque Space, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with: (i) any claim that, if true, would constitute a breach by you or any third party affiliated with you of this agreement or negligence by you, (ii) any claim that your use of the Earthlight software or any other matter you created under or in association with this agreement, infringes any third party's intellectual property rights and other proprietary or personal rights, or (iii) any federal, state, or foreign civil or criminal actions related to your use of the Earthlight software or any other matter you created under or in association with this agreement. (e) If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are the stated subject matter of the indemnification obligation above. TERMINATION (a) You may terminate this agreement by removing all copies of the Earthlight software from all computer systems owned or operated by you. (b) Opaque Space may terminate this agreement by providing written notice to you if you materially breach any provision of this agreement and the breach is not curable or, if it is curable, you fail to cure the breach within thirty (30) days of notice of the breach. Without limiting the foregoing, your failure to make any payment due under this agreement or breach of any restriction under this agreement constitutes a material breach of this agreement. NOTIFICATIONS (a) You hereby authorize Opaque Space to notify others, including, but not limited to, suppliers, distributors, customers, investors, partners, and other business associates of Opaque Space of the terms of this agreement and each party’s rights and obligations in it. SEVERABILITY. (a) If any provision in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in this agreement, unless the deletion of those provisions would result in such a material change that would cause completion of the transactions contemplated by this agreement to be unreasonable. NOTICES. a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid) or email. b) Addresses. A party shall address notices under this section to a party at the following addresses: To Opaque Space: Street Address: 101/672 Glenferrie Rd Suburb: HAWTHORN State: VIC Postcode: 3122 Email: legal@opaque.media To You: Via the contact details supplied to the Viveport platform WAIVER. (a) No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies. NECESSARY ACTS; FURTHER ASSURANCES. You, Opaque Space, and Opaque Space’s officers and directors shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

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