TERMS OF THE ALTAIRIKA VR SOFTWARE AND CONTENT LICENSE
These License Terms (hereinafter – "Terms") shall determine the terms and rules of usage of Software, Content, and other licensable objects (as more fully defined below in section 'Definitions'), licensed (sublicensed, or distributed) by Altairika Pte. Ltd. (hereinafter– "Altairika") under these Terms.

The actual version of these Terms is on a permanent basis at: https://altairika.com/license_terms.

Please read these Terms carefully before performing any actions directed at concluding a License Agreement upon the Terms.

If you do not accept each and every of the Terms, do not proceed to perform any actions directed at concluding a License Agreement upon the Terms.



DEFINITIONS
Unless the context of the Terms otherwise requires, the following terms used in these Terms, have the following meanings:

  1. Software Altairika VR software which is designed to be used as a software part of a vr attraction system.

  2. Equipment – hardware and software (except of the Software), compatible with the Software, as per list posted on Website, needed to implement a vr attraction system with use of the Software. Recommendations as to use of specific Equipment may change from time to time.

  3. Devices – hardware (part of the Equipment) where the Software is installed. Technical description of a Device needed for Software usage is posted on Website in section https://altairika.com/license.

  4. Content – entertainment and educational video files which can be downloaded by means of the Software from Content Library for a fee or free of charge (subject to the terms and conditions such Content is distributed under).

  5. Content item – specific entertainment and/or educational video file available for sublicense in the Content Library.

  6. Content library – a library of Contents which is available in the Software.

  7. Services – vr attraction commercial or educational services that Licensee may provide to its clients using Software, Logo and Content legally downloaded from Content Library by means of Software.

  8. Website – https://altairika.com

  9. Licensee – a natural person (who is 18 years of age or the age of majority in your province, territory or country), or a legal entity, who provides or is going to provide Services with use of the Software at the SSA.

  10. Logo – the name and logo "Altairika", picture of which is depicted in cl. 10.9 Altairika is the owner of the Logo and all, and any intellectual rights to the Logo belong to Altairika.

  11. Static Service address (SSA) – the address of the premises within the Territory, specified in Licensee Application Form, where Licensee is going to render Services with use of the Software, Content, and Logo. Licensee may provide Services with use of the Software only in one specific SSA.

  12. Licensee Application Form (LAF) – an application form_, that Licensee downloads from the Website, fills in, signs, scans and sends to Altair in .pdf format in order to accede to these Terms and conclude a legally binding agreement on these Terms with Altairika.

  13. Subscription Fee – a license fee paid by Licensee on a monthly basis (for each Subscription Period) for a license to use Software and Content.

  14. Subscription Period – one calendar month.

SOFTWARE LICENSE TERMS
  1. Under these Terms Altairika provides Licensee, and Licensee accepts a personal, non-exclusive, commercial, limited, non-transferable, not sublicensable license to use Software as part of Licensee's vr attraction system on Licensee's Equipment, and Licensee pays to Altairika the license fee, according to a Subscription Fee rate, chosen by Licensee in LAF from the list of Subscription Fee rates, stipulated in section 5 hereof.

  2. Licensee may use the Software as part of its VR system and render Services with use of the Software to its clients within the Territory at the SSA specified in LAF and during the prepaid by Licensee Subscription Period. Licensee may change the SSA from time to time (but not more often than two times a year) with prior agreement of Altairika. Any use of Software and/or Content sublicensed hereunder at any other place except of SSA is strictly prohibited. Altairika is entitled to restrict usage by Licensee of Software and/or Content sublicensed hereunder, if Altairika finds out that Licensee make any use of Software and/or Content sublicensed hereunder at any other place except of SSA.

  3. Altairika is the sole owner of the Software. Any rights to the intellectual property (including but not limited to copyright, trade secrets, trademarks, patents, etc.) arising from the Software or embodied therein, related thereto and connected therewith or affixed thereto shall be solely owned by Altairika. The Terms do not provide for transfer of the proprietary rights to the Software and/or its components but provide a restricted right to use the Software which may be withdrawn in accordance with the Terms. Neither provision of the Terms may be considered as Altairika's waiver of its rights to the intellectual property in any jurisdiction whatsoever.

  4. The provisions stipulated in cl. 2.3. above do not apply to the Content which are the intellectual property of its owners, and which may be sublicensed to Licensee by Altairika on a fee basis or free of charge (as per conditions under which such Content are distributed).

  5. Unless otherwise provided herein, Licensee may not without a prior written approval by Altairika:

  • use, modify, incorporate into another software or combine with it, create a revised version of any part of the Software or its components;

  • sell, license (sublicense), lease, assign, transfer, pledge, grant rights hereunder to any third parties;

  • copy, distribute, or reproduce the Software and/or its components on behalf of any third parties;

  • publish the results of any comparative analysis regarding the Software, use these results for Licensee's own competitive activity in software development;

  • modify, disassemble, decompile, sort out Software component codes, process or improve the Software, try to get a source code of the Software and/or its components.

  1. Licensee may use the Software from the moment when the License Agreement is concluded upon these Terms, and the Subscription Fee is paid for the first Subscription period. Licensee may use the Software hereunder only during the prepaid Subscription Periods.

  2. Licensee may use the Software only with Content downloaded from the Content Library.

  3. Licensee may use the Software only at SSA while providing Services to its clients.

  4. Under these Terms Altairika allows Licensee access to Altairika's cloud online monitoring and statistics system where Licensee may monitor where, when, on how many Licensee's devices, and what Content Items were displayed.

CONTENT SUBLICENSE TERMS
  1. Content available to Licensee in the Content Library may be downloaded and used by Licensee on the terms and conditions stated in license agreements that regulates such Content items usage (for free of charge Content items, distributed under free licenses), or sublicensed by Altairika to Licensee under the terms and conditions, stipulated in this section 3 (for Content items which are licensed/sublicensed on a fee basis).

  2. If otherwise is not stipulated on the Website or in the Software (Content Library) any Content available for sublicensing in the Content Library may be sublicensed to Licensee.

  3. Altairika has all the rights to sublicense the Content available for downloading in the Software (except of the Content items which are distributed under free licenses). The Terms do not provide for transfer of the proprietary rights to the Content but provide a restricted right to use the Software which may be withdrawn in accordance with the Terms. Neither provision of the Terms may be considered as Altairika's waiver of its rights to the intellectual property in any jurisdiction whatsoever.

  4. The sublicense to use the Content can be only non-exclusive, commercial, limited, non-transferable, non-sublicensable.

  5. Licensee gets right to use the Content under this sublicense from the moment when the License Agreement is concluded upon these Terms, and the Subscription Fee is paid for the first Subscription period. Licensee may use the Content hereunder only during the prepaid Subscription Periods.

  6. Unless otherwise provided herein, Licensee may not without a prior written approval by Altairika:

  • use, modify, incorporate into another software or combine with it, create a revised version of any part of any Content item or its components;

  • sell, license (sublicense), lease, assign, transfer, pledge, grant rights to any Content item to any third parties;

  • copy, distribute, or reproduce any Content item or its components on behalf of any third parties;

  • publish any Content items;

  • extract Content from the Software and/or use the Content and Software separately.

  1. In no way Altairika can be liable or bears any responsibility as to the legality or any restrictions (including without limitation, religious, moral, ethical restrictions) as to usage of any specific Content items imposed by legislation of the state (province, country) where Licensee lives, resides or is going to use such Content items in its business activities. Before using Content, Licensee shall make sure that there are no such restrictions in the territory where he or she is going to use it.

  2. Licensee may use the Content only at SSA while providing Services to its clients.

LOGO USAGE
  1. Licensee may use the Logo only in connection with the Services by using it on various materials, such as sign-plates, business cards, stationery and checks, advertising/marketing materials, provided that Licensee: 1) accurately depicts the Logo on the materials as it is specified in cl. 10.9; 2) does not use the Logo in connection with any other trademarks, logos, trade names or service marks unless Altairika specifically approves in writing prior to such use; 3) makes available to Altairika, upon Altairika's request, a copy of any materials depicting the Logo.

  2. Licensee may not use any of the words which compose the Logo as part of the name of Licensee's company, corporation, legal entity, partnership, limited liability company or other similar entity.

  3. Licensee may not make any changes to the Logo unless such changes are approved or directed by Altairika in writing.

  4. Altairika deserves the right to make any changes or substitutions to the Logo at any time. Licensee shall cease using former versions of the Logo upon receipt of Altairika's notice to change the Logo and begin using changed versions of the Logo. Licensee must bring its business in conformity with these changes at Licensee's own expense.

  5. If anyone improperly uses the Logo or challenges the use of the Logo by Licensee, or the ownership of the Logo by Altairika, Licensee shall promptly notify Altairika about it. Licensee shall take any reasonable steps, without compensation, to assist Altairika with any action Altairika may undertake in connection with mentioned here cases of improper use or challenge as to the Logo.

  6. Licensee will not, directly or indirectly, use, register, obtain or maintain a registration for any Internet domain name, address, or other designation that contains the Logo (words that compose the Logo), any variation thereof or any mark confusingly similar to the Logo (words that compose the Logo), including, without limitation, misspellings and acronyms. Upon Altairika's request, Licensee must, at Altairika's option, promptly take all steps to cancel or transfer to Altairika or its designee any such domain name, address, or other designation under its control.

  7. Everything that is specified in cl.cl. 4.1.-4.6. for the Logo usage and restraint is equally applies to any symbols, logos, slogans, designs, trade dress, insignia, emblems, devices, characters, that are copyright of Altairika, which are made available to Licensee by Altairika (or will be made available) under these Terms.

  8. Licensee may use the Logo only at SSA while providing Services to its clients.

FEES
  1. In consideration of license (sublicenses) granted hereunder Licensee pays to Altairika the Subscription Fee. Subscription Fee rates are calculated in EURO and depend on the quantity of views of any Content items available in the Content Library per Subscription Period. The specific Subscription Fee rates are indicated at: https://altairika.com.

  2. Views not used in the Subscription Period expire and do not transfer to the following Subscription Period. If Licensee runs out of views available under Licensee's Subscription Fee rate (tariff) Licensee may acquire an additional package of views for a fee also stipulated at the Website. Additional packages expire at the end of the Subscription Period set for the original package of views.

  3. Subscription Fees may be changed by Altairika from time to time.

  4. Licensee may change the Subscription Fee rate from a higher Subscription Fee rate to a lower Subscription Fee rate not more often than once a month (for example Licensee changes Subscription Fee rate 2 to Subscription Fee rate 1). Licensee may change the Subscription Fee rate from a lower Subscription Fee rate to a higher Subscription Fee rate at any time.

  5. Licensee may pay the Fee by bank card, by wire transfer or by any other payment method accepted by Altairika and described on Website.

  6. The Subscription Fees payable under these Terms do not include any applicable taxes.

  7. The Subscription Fees payable under these Terms are not refundable.

  8. The Subscription Fees shall be deemed to have been paid upon crediting of the funds to the Altairika's bank account.

  9. If the prepaid Subscription period ends and Licensee does not prepay the following Subscription Period, access to the Software and Content will be stopped the day following the last date of the last prepaid Subscription Period.

  10. Subscription Fee shall be always paid in advance before the start of the Subscription Period for which Subscription Fee is paid.

THE TERMS
  1. These Terms become a legal binding license agreement (as to the license of Software and sublicense to the Content) when all of the following conditions are met:

    1. Licensee sent to Altairika filled in and signed by Licensee LAF.

    2. Altairika accepted the LAF and informed Licensee that Altairika is willing to conclude a License Agreement with Licensee on the Terms stipulated hereunder.

    3. Licensee paid the full amount of the Subscription Fee according to License Fee rate chosen by Licensee.

  2. Altairika may in its own discretion and at any time, change, add, or delete parts, sections or portions of these Terms and any other terms posted on the Website which have relation to the Terms and to the use of the Software by Licensee.

  3. The Licensee understands and acknowledges that it is Licensee's responsibility to check the Terms from time to time.

  4. Continued use of the Software following the posting of changes to the Terms constitutes Licensee's acknowledgment and acceptance of, and agreement to, such changes.

  5. Altairika will notify the Licensee of any such material changes by posting notice of the changes on the Website.

  6. Altairika may unilaterally terminate license (sublicense) agreement made on these Terms if Licensee violates provisions of cl. 2.8., 3.8 hereof (sage of Software and/or Content at the place other than SSA).

  7. If the License agreement is terminated Licensee may not use Software and/or Content and/or Logo anywhere in any way.

UPDATES
  1. Altairika may from time to time provide Licensee with updates to the Software which Altairika makes available for downloading on Website.
LIABILITY, WARRANTIES, DISCLAIMERS AND INDEMNIFICATION
  1. The Licensee understands that the Software and Content are provided on an "as is" basis to the fullest extent permitted by applicable law, and that Altairika expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

  2. Hereby Altairika makes no warranty that Software and/or Content will meet the Licensee's personal requirements or needs, or requirements or needs of Licensee's clients.

  3. Altairika does not and will not be liable for correctness and truthfulness of the Content available in the Software.

  4. The Licensee hereby releases, and acknowledges and agrees, at Licensee's own expense, to indemnify, defend and hold harmless Altairika, the Altairika's officers, directors, employees, agents, licensees, distributors, representatives, affiliates, and successors from all liabilities, claims, alleged claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions and reasonable attorney's fees related in any way to or arising out of the use of the Software or Content, personal information. Licensees shall use their best efforts to cooperate with Altairika in the defense of any claim.

  5. Licensee understands, and acknowledges and agrees that in no event shall Altairika, or any of Altairika's officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Software or Content, be liable to the Licensee or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from bodily injury, injury to property, death, lost profits, lost data or business interruption) arising out of:

  • the use, inability to use, or the results of use of the Software, or Content;

  • any viruses that may infect, Licensee's Equipment, in the process of using Software or Content.

6. The Licensee understands and acknowledges and agrees that in no event shall the Altairika or the Altairika's affiliates, contractors, employees, agents, or third-party partners, licensors or suppliers total liability to the Licensee for any damages, losses, and causes of action arising out of or relating to these Terms or Licensee's use of the Software and/or Content (whether in contract, tort (including negligence), warranty, or otherwise) exceed two hundred dollars ($200.00).


7. The Licensee hereby releases Altairika, the Altairika's officers, directors, employees, agents, licensees, distributors, representatives, affiliates, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from Licensee's use of the Software or Content.


8. Altairika shall not and will not be liable for any Equipment needed to use Software and/or Content. Altairika does not supply Licensee with the Equipment. Licensee shall provide itself with Equipment needed for running the Software as per recommendations posted on the Website. Altairika and Licensee may conclude a separate contract whereunder Licensee will purchase from Altairika and Altairika will sell to Licensee Equipment needed to provide Services (for more information on terms and conditions of Equipment purchase contract, contact Altairika at: https://altairika.com).


RULES OF CONDUCT
  1. While accessing and using the Software Licensee agrees to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate others, to violate or infringe any rights (including, but not limited to, copyrights, rights of publicity or privacy, confidentiality and trademarks rights) of others.

  2. Licensee understands, and acknowledges that, the Licensee may not use the Software or any of its content, to promote, conduct, or contribute to activities which are profane, defamatory, infringing, fraudulent, obscene, pornographic, indecent, inappropriate or illegal, including, but not limited to, pyramid schemes, surveys, contests, chain letters, gambling, junk e-mail, spamming, promoting hatred towards any group of people or conduct that can reasonably be expected to harm others, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other Licensees.

MISCELLANEOUS
  1. If any provision of these Terms shall be or become prohibited or invalid under applicable legislation by a court of competent jurisdiction such provision shall be ineffective to the extent of such prohibition or invalidity only, without thereby invalidating the remainder of such provision or of any of the remaining provisions of the Terms.
  2. The Licensee has no right to assign or transfer any rights and/or licenses granted according to these Terms.
  3. Provide Licensee, upon Licensee's reasonable request, with technical support as to the use of the Software by e-mail, or messenger (Telegram). Technical support provides answers to Licensee's questions as to the use of the Software and accepts error reports, but will not provide training or advice to Licensee as to the use of any other software or any Equipment. Response time (email, messenger) – 24 hours from the time of the request on business days during the working time. Response time (messenger) – 3 hours from the time of the request on business days during the working time. Altairika provides technical support Monday through Friday from 1 a.m. until 11 a.m. UTC. Any assistance or support will be provided in the English language only.
  4. These Terms with the information posted on the Website in Website sections mentioned in these Terms constitute the entire agreement between the Licensee and Altairika, state the Altairika's entire liability.
  5. The section titles in these Terms are used solely for convenience and have no legal or contractual significance.
  6. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Terms shall not constitute a waiver of such term.
  7. These Terms will be governed by and construed in accordance with the laws of Republic of Singapore without regard to choice or conflict of law provisions.
  8. All disputes arising out of this Agreement shall be heard exclusively in the federal and state courts located in the Republic of Singapore and courts with appellate jurisdiction therefrom.
  9. Image of the Logo: