Eula - Dear Reality

Dear Reality GmbH

End-User License Agreement EULA („Agreement")

Last updated: August 9, 2024

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Dear Reality GmbH ("Application").

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and Dear Reality GmbH and it governs your use of the Application made available to you by Dear Reality GmbH.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

The Application is licensed, not sold, to you by Dear Reality GmbH for use strictly in accordance with the terms of this Agreement.

License Grant

Dear Reality GmbH grants you a non-exclusive, revocable, personal, non-transferable, non-sublicensable license to use the Software on up to two (2) hardware units (computers or others if applicable) simultaneously pursuant to the terms of this EULA. "You" means the company, entity or individual licensing the Software. "Use" means storing, loading, installing, executing or displaying the Software as intended pursuant to the terms of this EULA.

The Software is not supplied for use on a network or multi-user system. In such cases, additional licenses must be requested from Dear Reality GmbH. Additional licenses can be purchased at discount rates. Please contact the sales support at sales@dear-reality.com

Restrictions

You may not

a. copy the Software, except for purposes consistent with this EULA

b. transfer the Software to a third party

c. modify, decompile, disassemble, decrypt, reverse engineer or otherwise attempt to derive the source code of the Software

d. use the Software other than in connection with operation of the Software

e. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software

Ownership

The Software, and all intellectual property rights therein, including without limitation copyrights, is owned by Dear Reality GmbH or its third party suppliers and is protected by domestic and international laws. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software, but it authorizes you to use the Software as a user provided you adhere to the terms of this EULA.

Support

The licensor is not obliged to provide support, additional information, additional software, technical information, or know-how. The licensor reserves the right to make changes to the Software without prior notice.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Dear Reality GmbH shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Dear Reality GmbH does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Dear Reality GmbH.

Dear Reality GmbH may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Dear Reality GmbH, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of Dear Reality GmbH's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Amendments to this Agreement

Dear Reality GmbH reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of North Rhine-Westphalia, Germany, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Contact Information

If you have any questions about this Agreement, please contact us.

Entire Agreement

The Agreement constitutes the entire agreement between you and Dear Reality GmbH regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Dear Reality GmbH.

You may be subject to additional terms and conditions that apply when you use or purchase other Dear Reality GmbH's services, which Dear Reality GmbH will provide to you at the time of such use or purchase.

Warranty disclaimer and limitation of liability

DEAR REALITY GMBH DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER DEAR REALITY GMBH PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. DEAR REALITY GMBH DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER DEAR REALITY GMBH NOR ITS SERVICE DEAR REALITY GMBH WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN DEAR REALITY GMBH’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF DEAR REALITY GMBH’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL DEAR REALITY GMBH OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A EAR REALITY GMBH PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A DEAR REALITY GMBH PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A DEAR REALITY GMBH PARTY’S ACTS OR OMISSIONS. DEAR REALITY GMBH WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

#Google Analytics

Data Privacy Statement

With the downloading, installation and use of the Plug-in, you make personal data available that are hence collected. Before any download, installation and use, please read the following information carefully and see how and for what purpose your personal data are collected and processed.

Downloading:

Be sure to read carefully the privacy statement of the platform from which you download the Plug-in. This will inform you about the data that are directly collected and describe how they are processed. In this respect, as Plug-in provider, Dear Reality GmbH has no influence whatsoever on the processing.

Installation and Use:

Dear Reality GmbH, Binterimstrasse 8, 40223 Düsseldorf, Germany (hereinafter “Dear Reality GmbH”) collects and processes the following private data using Google Analytics (see below for details): Anonymized IP of the user Operating system and version number of the Plug-in. Location and language from where the user downloads the Plug-in. Current license policies. Current audio settings (Samplerate, Buffersize, all plugin parameters that are accessible by the user, how many opens, first open date, last open date, average use (session length)) of the user. Program which is used to open Plug-ins. Data are collected for the purpose of providing and maintain the Plug-in functions as well as improving them. For this, Dear Reality GmbH only ever receives anonymized data from Google Analytics. Furthermore, the data are used by Dear Reality GmbH in anonymized form, in order to compile statistical evaluations on the use and spread of the Plug-in (see below for details on Google Analytics). The personal data are not passed on to third parties nor are they processed for any reason other than the one given above. At all times, you are free by law to request information about your collected data and to request their correction, blocking or deletion unless mandatory requirements obligate for the data to be kept or there are other conflicting statutory or official constraints. Inasmuch as Dear Reality GmbH is processing your personal data, you are at liberty to revoke your consent to said processing with future effect. Just send your revocation directly to: Dear Reality GmbH GmbH, Binterimstrasse 8, 40223 Düsseldorf, Germany (hereinafter “Dear Reality GmbH”), Germany, Email: support@dear-reality.com

Google Analytics:

Google Analytics, a web analyzing service provided by Google Inc. (“Google”) is used in the Plug-in. When the Plug-in is in use, Google Analytics might obtain the name of the Plug-in and an ID, in order to see what ads were placed on your device by Google in other apps.
As regards the use and the possibility of restricting the use of your data, reference is made to the following Internet pages of Google: https://www.google.com/safetycenter/.

#Google FlatBuffers

Licensed under the Apache License, Version 2.0 (the "License");

you may not use this file except in compliance with the License.

You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software

distributed under the License is distributed on an "AS IS" BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and

limitations under the License.