The VR Test Ninja checks your device compatibility and readiness for mobile virtual reality.

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VRTest.Ninja

Copyright © 2016 Merge Labs, Inc.

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using VRTest.Ninja ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Merge Labs, Inc. your use of VRTest.Ninja indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Merge Labs, Inc. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use VRTest.Ninja in accordance with this Agreement and any other written agreement with Merge Labs, Inc.. Merge Labs, Inc. does not transfer the title of VRTest.Ninja to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Merge Labs, Inc. and the users of VRTest.Ninja.

If you do not agree to be bound by this agreement, remove VRTest.Ninja from your computer now and, if applicable, promptly return to Merge Labs, Inc. by mail any copies of VRTest.Ninja and related documentation and packaging in your possession.

2. DISTRIBUTION

VRTest.Ninja and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of VRTest.Ninja contact Merge Labs, Inc..

3. USER AGREEMENT

3.1 Use

Your license to use VRTest.Ninja is limited to one individual license for yourself. You shall not allow others to use, copy or evaluate copies of VRTest.Ninja.

3.2 Use Restrictions

You shall use VRTest.Ninja in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of VRTest.Ninja together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of VRTest.Ninja may be used on one single computer location by one user. Use of VRTest.Ninja means that you have loaded, installed, or run VRTest.Ninja on a computer or similar device. If you install VRTest.Ninja onto a multi-user platform, server or network, each and every individual user of VRTest.Ninja must be licensed separately.

The assignment, sublicense, networking, sale, or distribution of copies of VRTest.Ninja are strictly forbidden without the prior written consent of Merge Labs, Inc.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of VRTest.Ninja. If any person other than yourself uses VRTest.Ninja registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile VRTest.Ninja. Nor can you create any derivative works or other works that are based upon or derived from VRTest.Ninja in whole or in part.

Merge Labs, Inc.'s name, logo and graphics file that represents VRTest.Ninja shall not be used in any way to promote products developed with VRTest.Ninja . Merge Labs, Inc. retains sole and exclusive ownership of all right, title and interest in and to VRTest.Ninja and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of VRTest.Ninja, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Merge Labs, Inc..

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Merge Labs, Inc. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Merge Labs, Inc.'s Software.

In no event (including, without limitation, in the event of negligence) will Merge Labs, Inc. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, VRTest.Ninja or the use or inability to use VRTest.Ninja or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Merge Labs, Inc.'s entire liability, without exception, is limited to the customers' reimbursement of any purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Merge Labs, Inc. ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Merge Labs, Inc..

3.5 Warranties

Except as expressly stated in writing, Merge Labs, Inc. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of VRTest.Ninja and destroy all copies of VRTest.Ninja supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY VRTest.Ninja AS WELL.

5. CONSENT OF USE OF DATA

You agree that Merge Labs, Inc. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to VRTest.Ninja.