- Making all arrangements necessary for your employees to have access to Ocular3D.
- Ensuring that all persons who access Ocular3D through your company are aware of all applicable terms and policies, agree with them, and comply with them.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your computer to assist Ocular3D’s operation.
- Modify copies of any materials from Ocular3D.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Ocular3D.
- Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from any portion or subset of Ocular3D or any of its source code, object code, images, or other content.
Commercial Terms of Use
Last updated: July 24, 2020
These Commercial Terms of Use (these “Terms” or this “Agreement”) govern your use of Ocular3D (“Ocular3D”) and constitute a license for your use of Ocular3D. By accessing, viewing, or using Ocular3D, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and the Privacy Policy and/or do not wish to be bound by these Terms or the Privacy Policy, do not use Ocular3D. If you are accepting these Commercial Terms of Use on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the company on whose behalf you are accepting these Terms.
Your Use of Ocular3D
Upon payment in full for each annual user site subscription accessing Ocular3D through you, Ocular3D Systems, LLC, grants you a limited, nonexclusive, revocable license to use Ocular3D and its service subject to the restrictions set forth in these Terms of Use. The license is transferable solely in the event that licensee is acquired by a third party, merges with a third party, or some or all of licensee’s assets, including this license, are acquired by a third party. Ocular3D does not consent to any other transfer of this license.
By registering your business to use Ocular3D, you represent and warrant that you are of legal age to form a binding contract with Ocular3D Systems, LLC, and meet all of the eligibility requirements for doing so in the state in which you reside. Ocular3D is offered and available to users who are at least 18 years of age or older, and reside in the United States of America or any of its territories or possessions. Use of Ocular3D is intended for your employees, and is under no circumstances intended for any minors unable to legally agree to terms for using it.
Access, and Account Security
By registering to use Ocular3D, you agree that you are responsible for:
It is a condition of your use of Ocular3D that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with Ocular3D, including but not limited to through the use of any interactive features on www.ocular3d.com, is governed by our Privacy Policy.
You must safely guard your username, password or any other piece of information generated as part of Ocular3D’s security procedures, and you must not disclose such information to any other person or entity, other than a colleague in the ordinary course of business. You agree to notify Ocular3D immediately of any unauthorized access to or use of your username or password, or any other breach of security.
Ocular3D has the right to disable any username, password, or other identifier, whether chosen by you or provided by Ocular3D, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use, and/or any local, state, or federal law or regulation.
Data Privacy
Refer to Ocular3D Systems Privacy Policy online.
Intellectual Property Rights
Ocular3D and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Ocular3D Systems, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit Ocular3D’s content, except as follows:
You must not:
Violation of the foregoing will result in your license to use Ocular3D being immediately terminated. Ocular3D reserves the right to pursue any or all additional remedies in our sole discretion.
The “Ocular3D” name and logo, and all related names, logos, product, and service names, designs, and slogans are the intellectual property of Ocular3D, LLC, or its affiliates or licensors. You must not use such marks without the prior written permission of Ocular3D Systems, LLC. All other names, logos, product, and service names, designs and slogans on the Website are the intellectual property of their respective owners.
Prohibited Uses
You may use Ocular3D only for lawful purposes, in accordance with this Agreement, and pursuant to Ocular3D’s Terms of Use and End User License Agreement (EULA). You agree not to use Ocular3D in any way that violates any applicable federal, state, local, or international law or regulation.
Use Ocular3D at Your Own Risk
You agree that your access to and use of Ocular3D and its service is at your own risk. Ocular3D Systems, LLC, will have no responsibility for any harm, including data loss or data corruption, that results from your access to or use of Ocular3D, its content, or its service.
Disclaimer of Warranties
You understand that Ocular3D Systems, LLC, cannot and does not guarantee or warrant that files available for downloading from the internet, including those made available by Ocular3D Systems, LLC, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Ocular3D for any reconstruction of any lost data. OCULAR3D SYSTEMS, LLC, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OCULAR3D OR ANY SERVICES OR ITEMS OBTAINED THROUGH OCULAR3D.
YOUR USE OF OCULAR3D, ITS CONTENT, AND ANY SERVICES VIA OCULAR3D IS AT YOUR OWN RISK. OCULAR3D AND ITS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OCULAR3D SYSTEMS, LLC, NOR ANY PERSON ASSOCIATED WITH OCULAR3D SYSTEMS, LLC, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OCULAR3D. WITHOUT LIMITING THE FOREGOING, NEITHER OCULAR3D SYSTEMS, LLC, NOR ANYONE ASSOCIATED WITH OCULAR3D SYSTEMS, LLC, REPRESENTS OR WARRANTS THAT OCULAR3D WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OCULAR3D WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
OCULAR3D SYSTEMS, LLC, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL OCULAR3D SYSTEMS, LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OCULAR3D, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE MAXIMUM AMOUNT OF DAMAGES YOU MAY RECOVER SHALL NOT EXCEED THE FEES PAID TO OCULAR3D SYSTEMS, LLC, FOR YOUR ACCESS TO OCULAR3D OVER THE TWELVE MONTHS PRECEDING THE DATE OF YOUR ALLEGED LOSS.
Indemnification
You agree to defend, indemnify, and hold harmless Ocular3D Systems, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of Ocular3D, including, but not limited to, any use of the Ocular3D’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from Ocular3D, or the violation of this Agreement of Service by a third party to whom you granted your access to Ocular3D.
Miscellaneous
No waiver of any breach of any provision of this Agreement will be deemed a waiver of any preceding or succeeding breach or of any other provision of this Agreement. No extension of time for performance of any obligations or acts will be deemed an extension of the time for performance of any other obligations or acts.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
This Agreement is governed by the laws of the State of Michigan and any disputes arising out of this Agreement shall be litigated in a court of competent jurisdiction sitting in Oakland County, Michigan, which shall apply the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rules.
Ocular3D is controlled by facilities in the United States of America. Ocular3D Systems, LLC, makes no representations that Ocular3D is appropriate or available for use in other locations. If you access Ocular3D from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations.
These Terms of Use are the entire and exclusive agreement between Ocular3D and you regarding Ocular3D, and these Terms of Use supersede and replace any prior agreements between Ocular3D and you regarding Ocular3D and its Service.