END-USER LICENSE AGREEMENT (EULA) VRdirect Studio and VRdirect WebStudio IMPORTANT: READ THIS EULA CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND IT BEFORE ACCEPTING ITS TERMS. If you download, install, copy completely or partially the VRdirect Studio (hereinafter "VRdirect Studio") or otherwise use the VRdirect WebStudio or other VRdirect software products in any other way (summarized below "Use"), a legally binding agreement between VRdirect GmbH, Einsteinstr. 174, 81677 Munich, Germany (hereinafter "VRdirect") and you as "END USER" subject to the following provisions regarding the software product is concluded. If you DO NOT AGREE with the terms, you must not use the VRdirect Studio or VRdirect WebStudio. You can access, print and save these conditions in the current version in the VRdirect Studio or VRdirect WebStudio itself and on our website www.vrdirect.com 1. Conclusion of Contract By using the VRdirect Studio or VRdirect WebStudio, a license agreement with VRdirect is established. The registration is only possible by stating name and a current E-mail address of the END USER. Your name and e-mail address are also used for communication with VRdirect. You must be at least 16 years old to use the VRdirect Studio or VRdirect WebStudio. 2. Subject-matter of the contract 2.1 The VRdirect Studio is a software for developing Virtual Reality projects with their associated media, materials and documentation in printed, online or electronic format. The VRdirect WebStudio is a browser-based version of the VRdirect Studio with limited feature set. 2.2 The subject-matter of this contract is the granting of a simple, non-exclusive, non-sublicensable, non-transferable, free of charge and time limited right of use of the VRdirect Studio and the VRdirect WebStudio. 2.3 The right to use includes the currently available functions in the VRdirect Studio and VRdirect WebStudio for the creation and design of Virtual Reality projects. Virtual Reality projects can be previewed locally. The local preview is exclusively for the creation process and for internal use. The local preview must not be used in any productive business-related manner. 2.4 The usage of the VRdirect Studio and VRdirect WebStudio is free of charge within specified license limits. 2.5 If you purchase paid storage and publishing rights for the VRdirect Platform for your Virtual Reality projects (cf. the General Terms and Conditions of the VRdirect Platform), the VRdirect Studio and VRdirect WebStudio will be usable based on the limits of the respective right for the period in which you are entitled to these rights. Upon termination of its fee-based storage and publishing rights, VRdirect Studio and VRdirect WebStudio will be usable based on the limits within the free license. 2.6 The END USER receives the software only in executable form. The source code is not handed over. Additional services such as: Updates, maintenance of the software, etc. are not owed. 2.7 All rights not expressly granted to the END USER in this Agreement shall remain with VRdirect. 3. Handover and installation of the VRdirect Studio 3.1 The VRdirect Studio will be made available to the END USER for download 3.2 A powerful computer is required to install and use the VRdirect Studio. Minimum operating system requirements are macOS standalone (Intel 64-bit) and Windows 64-bit. 3.3 An Internet connection is required to download the VRdirect Studio. 3.4 Before the END USER can download the VRdirect Studio, the END USER needs to register an account with VRdirect. In the END USER portal, the END USER will be provided with download links for the various operating systems. The final download of the software must be activated here. Following download, the END USER can install VRdirect on his device. 3.5 Besides the version for download and installation, VRdirect Studio is also offered as a web-version for use in any web browser. For the VRdirect WebStudio, no installation on the hardware of the END USER is required. 4. Cost It is a free license. There are no license fees. To increase limits of the free license, the END USER must purchase paid storage and publishing rights for the VRdirect Platform (cf. the General Terms and Conditions of the VRdirect Platform). For the period in which you are entitled to these rights, you will be able to continue using VRdirect Studio or VRdirect WebStudio based on the limits of the respective right. Note: You must provide specific terminals, software, and data connections for the initial installation and upgrade of the VRdirect Studio. You are responsible for all connection costs or data tariffs and taxes of your provider for the data transmission of your workstation or mobile device. The amount depends on your existing contract with your telecommunications provider. 5. Terms of use 5.1 Using the VRdirect Studio includes the right to reproduce it as necessary. The right to reproduce the Software is limited to the installation of the VRdirect Studio on a computer system owned directly by the END USER for the purpose of use and for reproduction necessary for the loading, displaying, running, transferring and saving of the VRdirect Studio as well as to the Right to make a backup copy of the software by a person authorized to do so in accordance with ยง 69d (2) UrhG (Copyright law). 5.2 The END USER shall not modify, adapt, combine with other software or develop or make any other software products based on the VRdirect Studio or VRdirect WebStudio or its parts. The END USER is also not permitted to reverse engineering, decompile or disassemble the VRdirect Studio or VRdirect WebStudio or otherwise attempt to obtain information about the source code of the VRdirect Studio or VRdirect WebStudio. However, this applies only to the extent that the applicable law does not expressly permit such a possibility regardless of this limitation. For example, the right to edit the VRdirect Studio or VRdirect WebStudio is limited to maintaining or restoring the agreed functionality of the VRdirect Studio or VRdirect WebStudio. The unconditional right of the END USER to decompile the software in compliance with the respectively valid legal regulations is not included, if it is necessary to provide interoperability between the VRdirect Studio or VRdirect WebStudio and any other software and the END USER has previously requested the necessary information from VRdirect but has not been provided. Thus, the right to decompile the licensed object is granted under the condition of section 69e (1) nos. 1 to 3 of UrhG (Copyright law) and within the meaning of section 69e (2) nos. 1 to 3 of UrhG (Copyright law). 5.3 The END USER may not license, sublicense, sell, lease, rent, loan or otherwise distribute the VRdirect Studio or VRdirect WebStudio to any third party. 5.4 The END USER shall not remove, modify or replace any copyright notices, other proprietary notices and trade marks / labels on the data media, program or on the documentation. The use of the symbols that are integrated in the software may only be used within the scope of the normal, contractual use of the VRdirect Studio or VRdirect WebStudio. The separate use or exploitation of the symbols is expressly prohibited. 5.5 If there is a suspicion of illegal or punishable acts, VRdirect is entitled and possibly also obliged to review activities and if necessary, initiate appropriate legal action. 6. Responsibility of the END USER 6.1 The END USER is solely responsible for the proper installation of the VRdirect Studio on the hardware as well as the fulfillment of the necessary system requirements. The installation instructions must be observed. 6.2 The same applies to regular data backups in your IT-system. 6.3 The END USER is also responsible for the correct use of the software. For the proper use the software, VRdirect provides a comprehensive user manual at https://www.vrdirect.com/support The instructions given there must be observed. 6.4 You are fully responsible for the interactive 360 Experiences you create. If storage is local, VRdirect points out that you should protect third-party rights when creating your Virtual Reality projects. If there are other people besides the END USER in the Virtual Reality projects, then the consent of all persons identifiable in the Virtual Reality projects should be obtained. If paid storage and publishing rights are acquired for the VRdirect Platform, then the applicable terms and conditions must also be observed in this context. 7. Updates and right to make changes 7.1 Software updates are free of charge. The END USER has no obligation to install any updates provided. However, the functionality of the VRdirect Studio or VRdirect WebStudio may require that the END USER has the latest version installed on his device. The END USER is recommended to update the VRdirect Studio or VRdirect WebStudio regularly. 7.2 VRdirect strives to continuously adapt the products to current requirements. We therefore reserve the right to make changes to adapt the system to the state of the art, changes to optimize the system in particular to improve user-friendliness as well as changes to content and the discontinuance of services if necessary to correct errors, update and complete them for program optimization and licensing reasons or if this is due to technical progress or to prevent misuse. The changes may cause the appearance, navigation or functions of the software to change. VRdirect strives to ensure the user-friendliness. If the END USER does not agree, he may no longer use the software. If the END USER continues the use, the USER accepts the new EULA submitted to him and the amended terms become part of the EULA. VRdirect will inform you of the change by means of a message. 8. Liability 8.1 The software is provided free of charge. It is therefore pointed out that: Statements and explanations by VRdirect about the VRdirect Studio or VRdirect WebStudio in advertising materials, on websites and in the documentation are only intended as a description of the nature and not as a guarantee or assurance of a property. VRdirect makes no warranty regarding the availability, reliability, functionality or suitability of the software for your purposes. VRdirect does not provide any product support. VRdirect expressly does not warrant that the VRdirect Studio or VRdirect WebStudio will meet certain requirements and purposes of the END USER and / or is compatible with the software and / or hardware used by the END USER. The selection, installation and use of the appropriate software and hardware and the achievement of the desired results are the responsibility of the END USER. Furthermore, there can be no warranty for malfunctions caused by the installation of other third-party programs ("3rd party component"). 8.2 VRdirect is liable for the recovery of data, for data loss as well as for the data corruption only if the END USER has regularly made backup copies and ensured that the data from these backup copies can be reconstructed with reasonable effort. In this case, VRdirect's liability is limited to typically foreseeable damage. Any further liability for loss of data is excluded. 8.3 Incidentally, VRdirect shall only be liable for intent and gross negligence, including for its legal representatives or vicarious agents. VRdirect shall be liable under the limitation of compensation for foreseeable damage typical for the contract for such damages, which are based on a slightly negligent breach of essential contractual obligations by us or one of our legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner may regularly rely. VRdirect is liable without limitation for damages resulting from injury to life, body or health as well as for damages due to non-compliance with a guarantee given by VRdirect or warranted property or due to fraudulently concealed defects. The provisions of the Product Liability Act remain unaffected. Besides, liability is excluded regardless of its legal basis. 9. Data protection Your personal information (including your name and email address) will be used only in accordance with applicable law, as far as these are necessary for the establishment, execution and termination of the contractual relationship as well as for the control of the legal use of the licensed software. For more details, please refer to our data protection declaration. Any other use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. This declaration of consent is entirely voluntary and can be viewed on our website and revoked at any time. For questions or comments you may also contact our data protection officer at privacy@vrdirect.com. 10. Copyright and intellectual property rights The VRdirect Studio and VRdirect WebStudio is protected by both German copyright law and international copyright treaties as well as other laws and treaties on intellectual property. VRdirect owns and holds all copyright usage rights to the VRdirect Studio and VRdirect WebStudio, the printed and digital materials and all copies of the Software Product. The VRdirect Studio and VRdirect WebStudio should also be treated like any other copyrighted material. The only exception is that a copy of the software product may be made for backup or archiving purposes. By owning or using the VRdirect Studio or VRdirect WebStudio, the END USER obtains rights of use granted to him under this Agreement, but does not obtain any intellectual property rights in the Software. 11. High risk activities The VRdirect Studio and VRdirect WebStudio are not designed or intended for use in risk environments that require error-free operation. Risk environments include in particular, the operation of nuclear facilities, aeronautical navigation systems or communications systems, air traffic control equipment, weapon systems, life support equipment or the operation of any other application where software failure may result in an immediate risk to life or limb or substantial property damage (high risk activities). VRdirect therefore rejects any contractual or legal warranty for the suitability of the software for high-risk activities. 12. Termination / Cancellation 12.1 Notwithstanding any other rights, VRdirect is entitled to terminate the Customer's rights of use if the terms and conditions of this Agreement or in the event of the existence of any agreement for the VRdirect Platform, the applicable terms and conditions are violated. VRdirect reserves the right to take further measures under civil and criminal law. 12.2 The END USER is obliged to delete the VRdirect Studio after termination from his workplace. If backup copies or copies have been made in the context of copying licenses, these must be destroyed or deleted. 13. Important safety instructions Virtual Reality projects are 3D media content. For the use of the Virtual Reality projects, use only high-quality 3D glasses and 3D-capable equipment and in accordance with their operating instructions and their safety instructions. Besides, please read the following warnings carefully: 13.1 It is possible to experience an epileptic seizure when exposed to 3D media content. Therefore, do not consider Virtual Reality projects if you have epilepsy. In addition, you should not consume Virtual Reality projects if you are pregnant, suffer from severe dizziness, seizures, uncontrolled loss of consciousness, impaired vision, anxiety, heart disease or other serious medical conditions. 13.2 Please note that the following symptoms may occur when viewing 3D media content: involuntary movements, altered vision; dizziness; lightheadedness; eye or muscle twitching / fatigue; Confusion; nausea; unconsciousness; convulsions; headaches; cramps and / or disorientation. If you notice these symptoms in you or in others, immediately stop looking at Virtual Reality projects and consult a doctor. 13.3 In particular, untrained 3D consumers may also experience kinetosis, perceptual consequences, disorientation, eye fatigue and reduced stability, headache, fatigue, or dizziness. We recommend that you gradually start using 3D to reduce the likelihood of these side effects and take regular breaks. If you experience any of the above symptoms, stop viewing the Virtual Reality projects immediately; do not continue until the symptoms have resolved for at least 30 minutes. 13.4 Children and adolescents should be supervised when consuming 3D media content, also because of their susceptibility to health issues associated with viewing 3D content. 14. Other provisions 14.1 This contract is subject to German law excluding any references to other legal systems and is written in two languages (German / English). The German version shall take precedence over the English version in the event of a dispute arising out of or in connection with the interpretation of this Agreement. 14.2 Amendments and supplements to this contract must be made in writing in order to be effective. This also applies to the amendment of this written form requirement. 14.3 If individual provisions of this contract be or become ineffective or if a necessary regulation is not included then this shall not affect the validity of the entire contract or the remaining provisions of this contract. 14.4 The place of jurisdiction and place of performance for the rights and obligations of this contract as well as any disputes arising from and in connection with the execution of the agreement is the registered office of VRdirect, Munich, Germany, as far as legally permissible. 15. Provider identification Our address for complaints and other declarations of intent as well as our summonable address: VRdirect GmbH, Einsteinstr. 174, 81677 Munich, Germany As of May 2022