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Transported Applications End User License Addendum

This Transported Applications End User License Addendum ("Addendum") is between you and Transported, Inc. ("Transported," "we," or "us") and governs your use of (i) the Transported™ mobile virtual reality applications for viewing and interacting with content, (ii) the Transported™ desktop virtual reality applications for viewing and interacting with content, and (iii) the Transported Creator™ desktop applications for creating and managing content, including, without limitation, any software, documentation, local files, data and content therein (each, an “Application” and collectively, the "Applications"). This Addendum is an addendum to Transported Terms of Service (www.transported.co/terms-of-service). BY DOWNLOADING, INSTALLING OR USING THE APPLICATIONS, YOU SIGNIFY YOU HAVE READ AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS ADDENDUM, THE TERMS OF SERVICE, THE PRIVACY POLICY, ANY FUTURE MODIFICATIONS OR ADDITIONAL TERMS AND TO ABIDE BY ALL APPLICABLE LAWS, RULES AND REGULATIONS.

  1. Parties. This Addendum is between you and Transported only. Transported is solely responsible for the Applications and their content.

  2. Terms of Service. To use the Applications, you must accept Transported’s Terms of Service.

  3. Privacy. Transported may collect and use information concerning your use of the Applications as set forth in its Privacy Policy (www.transported.co/privacy-policy).

  4. Limited License.

    Transported grants you a limited, non-exclusive, non-transferrable, revocable license to use the Applications for non-commercial purposes and for the limited commercial purposes permitted in the Terms of Service. You may only use the Applications on computer or mobile device that you own or control. You are permitted to use the Applications on only one device and by one single operator at a time.

    You may distribute content produced with Transported Creator™ only by means provided by Transported, including via the Applications and Transported tour webpages. Transported tour webpages may only be distributed in their entirety or via means of embedding content as provided by Transported.

  5. License Restrictions: This license does not allow you to:

    • use the Applications on any device you do not own or control;
    • distribute or make the Applications available over a network where it could be used by multiple devices at the same time;
    • rent, lease, lend, loan, sell, redistribute, transfer, or sublicense the Applications or access thereto;
    • use the Applications for commercial purposes other than those permitted in Terms of Service;
    • copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Applications);
    • translate or transcribe the Applications into another language or adapt them for any use that is not compliant with the specifications or as described in the Terms of Service, this Addendum or in the website accessible at www.transported.co;
    • remove, alter, circumvent or interfere with any copyright, trademark or other proprietary notice, watermark, digital rights management mechanism or other content protection or access control measure (including, without limitation, geofiltering and/or encryption) associated with the Applications;
    • use the graphic or sound elements independently of the Applications or of the content produced by the Applications; or
    • merge the Applications into another program or use the Applications in conjunction with any other product, extension or upgrade that uses or is supported by the Applications;
    • distribute content produced using Transported Creator™ on any non-Transported virtual reality application or website;
    • copy, extract, mask, deconstruct, or otherwise modify any content or data, including any tour or webpage produced by the Applications;
    • aggregate Transported tours, or other Transported content or data, that you do not own or control;
    • use the content or data for any purposes that, in Transported’s sole discretion, competes with Transported’s service; and
    • use the Applications in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Addendum.

    Any attempt to carry out any of the restricted activities listed above is a violation of the rights of Transported and its licensors. You agree that Transported has the right to audit software use to ensure compliance with the term of this Addendum. If you breach any terms of the license, you may be subject to prosecution and damages, as well as account termination as set forth in the Terms of Service.

  6. Upgrades: The terms of the license will govern any upgrades provided by Transported that replace and/or supplement the original Applications, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  7. Trials and use with free/no account: If Transported grants you a free trial or permits use of certain Applications with a free account or no account, certain functionalities may be disabled or limited. The Applications may contain code that disables or limits certain functionalities. You shall not make any attempt to deactivate this code or to convert the limited version to a full or paid version by any means other than the appropriate means as listed on the Transported website, including paying the required fee for the particular paid version.

  8. Documentation: Rights to documentation and informational videos associated with the Applications are granted under the license to you only, for the purposes of assistance in Application use, to the exclusion of any other usage, whether non-lucrative or for commercial gain.

  9. Acknowledgments: You declare and acknowledge:

    • you have apprised yourself of the Applications technical specifications and functionalities presented on www.transported.co, including the Frequently Asked Questions, and in associated documentation and informational videos and that your devices and operating systems are compatible and have sufficient capacity for compliant use of the Applications;
    • the Applications shall operate on a single operating system only (Windows, Mac, or Android).

  10. Intellectual Property Ownership: The Applications are licensed, not sold, to you for use only under the terms of this license. Transported’ ownership interests in the Applications, including all content, software and data, are protected by United States and other applicable copyright, patent and other laws and international treaty provisions. Except for the limited license rights specifically granted to you in the Terms of Service and this Addendum, all rights, title and interests, including without limitation intellectual property rights, in and to the Applications, including all derivative works thereof, belong to and shall be retained by Transported, its suppliers or its licensors. All titles and copyrights relating to the Applications’ content, including all images, photographs, animations, video or sound elements, texts, and tours, are held by the Transported, its suppliers or its licensors.

  11. All Rights Reserved: Transported, its suppliers and its licensors reserve all rights that are not specifically granted under the Terms of Service and this Addendum, including rights deriving from national or international intellectual property treaties.

  12. Audio Elements. The Transported Creator™application allows you to use certain audio tracks that Transported has licensed from third parties. Specifically, you may use the included tracks in tours that you create using Transported Creator™ and may only distribute such tours via the Transported service, only. You may not use the included tracks for any other purpose. All audio tracks are property of their respective owners.

  13. Warranty. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATIONS IS AT YOUR SOLE RISK. THE APPLICATIONS (AND ANY PORTION THEREOF) ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRANSPORTED AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TRANSPORTED AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE APPLICATIONS OR THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS.

  14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW: (I) TRANSPORTED (AND ITS AFFILIATES, LICENSORS, SUPPLIERS OR BUSINESS PARTNERS) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TRANSPORTED SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRANSPORTED SERVICE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES; AND (II) TRANSPORTED'S TOTAL LIABILITY TO STARTER/PROFESSIONAL MEMBERS FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY SUCH STARTER/PROFESSIONAL MEMBER TO TRANSPORTED OVER THE SIX (6) MONTHS PRECEDING SUCH CLAIM(S).

  15. Third Party Intellectual Property Claims. Transported shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Applications. To the extent Transported is required to provide indemnification by applicable law, Transported shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Applications or your use of it infringes any third party intellectual property right.

  16. For U.S. Government End Users. The Applications and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

  17. Export Compliance. You may not export or re-export the Applications except as authorized by United States law and the laws of the jurisdiction in which the Applications were obtained. In particular, but without limitation, the Applications may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Applications, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

  18. Contact Information. Should you have any questions, complaints, or claims relating to the Applications, please contact us at info@transported.co.