Terms AND CONDITIONS
1. GENERAL PROVISIONS.
1.1. These conditions constitute an integral part of the “Regulations of the MWU 3D Models spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kraków” (“Regulations”) and all definitions contained in the Regulations shall apply accordingly.
1.2. These terms and conditions regulate the terms of delivery, license and complaints of the MWU Product under the name “Fetal Heart VR” (“Product”). Please read these license delivery terms and Product complaints terms carefully before downloading or using the Product. If you do not agree to these terms, you will not be able to download and use the Product.
1.3. For its operation, the Product requires Oculus Quest or Oculus Quest 2 goggles, controllers that are sold with the goggles, and a registered account on the following platforms: Oculus and Facebook („Intended Devices”). The Customer should read all terms and conditions of use of the Oculus platform (https://www.oculus.com/legal/terms-of-service/) and Facebook (https://www.facebook.com/terms/).
1.4. THE PRODUCT IS FOR EDUCATIONAL USE ONLY. THE PRODUCT SHALL NOT BE USED FOR MEDICAL USE, DIAGNOSIS AND IS NOT A SUBSTITUTE FOR A MEDICAL CONSULTATION OR TESTS RECOMMENDED BY A DOCTOR.
1.5. If any provision is invalid or ineffective under the law, the remainder shall remain in effect to the fullest extent possible. MWU will, however, make efforts to amend such a provision in a manner consistent with applicable law.
2. DISCLAIMER OF LIABILITY.
2.1. MWU SHALL NOT BE LIABLE FOR THE CORRECT OPERATION OF THE APPLICATION AND WEBSITES OPERATED BY OTHER ENTITIES THAT ARE USED TO ACTIVATE THE PRODUCT CODE FOR THE PURPOSE OF DOWNLOADING IT.
2.2. MWU IS NOT RESPONSIBLE FOR THE CORRECT OPERATION OF DEVICES (GOGGLES, CONTROLLERS) USED TO OPERATE THE MWU PRODUCT.
2.3. ANY MWU LIABILITY IS LIMITED TO THE VALUE OF THE ORIGINALLY PURCHASED PRODUCT AND DOES NOT COVER LOST BENEFITS. The provision does not apply to the Consumers.
3.1. To access to the Product, the Customer shall buy an activation code for the software. After the conclusion of the Agreement and payment by the Customer in accordance with the provisions of the Regulations, MWU provides the Customer with the Product access code (“Product Code”).
3.2. The Product Code is send to the e-mail address provided by the Customer.
3.3. After logging into the Oculus platform (using the headset, phone or computer), the Customer enters the Product Code on the Oculus website following the Oculus instructions. After entering the Code, the Product is assigned to the Customer’s account. The product is downloaded to the Customer’s goggles from Oculus servers. After downloading and installing the application, the application works locally on the Customer’s VR goggles.
4. LICENSE TERMS.
4.1. The Product is subject to the copyrights of MWU. MWU makes the product available to customers only for use, on the terms set out below (“License”).
4.2. The license is indefinite and territorially unlimited. The license is not exclusive. The license does not include the consent to commercial use of the Product. The license does not include consent to use the Products for educational purposes by persons other than the Customer himself. To the fullest extent permitted by law, the license is non-transferable without the prior consent of MWU expressed in writing under pain of nullity.
4.3. The license authorizes the Customer to use the Product only on one assigned device.
4.4. The Customer is entitled to download the Product and use the Product in accordance with its intended purpose, by playing it on the Intended Devices. The Customer is entitled to install, store, play and display the content of the Product on the Intended Devices.
4.5. The Customer is not entitled to use any backup of the Product simultaneously with the Product.
4.6. The Customer may not authorize any other person to use the work within the scope of the obtained license, in any way, except for cases expressly permitted by law.
4.7. The Customer is not entitled to repair Product defects on his own in a way that causes any interference with the content of the Product (product codes in the IT sense).
5. CUSTOMER’S RIGHTS IN CONNECTION WITH DEFECTS.
5.1. For a period of one year from the date of delivery of the Product, MWU ensures removal of defects in the Product resulting from reasons attributable to MWU and caused by the fault of MWU as well as technical support. In the case of an Update referred to in clause 6, the period of the year is counted separately for each Update.
5.2. Any defects related to the functioning of the Product may be reported by the Consumer in writing to the following address: MWU 3D MODELS sp.z o.o. ul. Bandurskiego 10/1, 31-515 Kraków or via e-mail at: [email protected]. In the notification, please describe the defect and provide the Product’s order number.
5.3. The defect is removed either by repairing the Product or by providing the Customer with a new Product Code (with a new Product), at MWU’s sole discretion.
5.4. If the defect is not removed within 14 days from accepting the notification and recognizing it as justified, the Customer has the right to withdraw from the contract or reduce the price paid for the Product. The declaration in this regard may be submitted within one year from the ineffective expiry of the abovementioned 14-day period.
5.5. In the event of withdrawal or reduction of the price, the MWU returns to the Customer’s account the amount paid for the Product or its appropriate part.
5.6. If the Complaint is not accepted, the Customer has the rights described in the Regulations, in particular the possibility of resolving the dispute via out-of-court mechanisms.
6.1. The Customer is entitled to the Product Update defined below without the obligation to pay an additional fee.
6.2. Product updates should be understood as improving the operation of existing application modules or adding selected modules incorporating new fetal heart defects (“Update”). In particular, an Update is not a new version of the Product with different features, functionality or a new or different MWU Product (including new application) regarding fetal heart health or fetal defects. MWU may decide to release other items as free updates.
6.3. The Update will be delivered via the Oculus platform. In the goggles menu, the Customer will be informed about the arrival of a new Update and can download it, unless the Customer chose the automatic update option – in this case the Update will be downloaded by itself.
7. PRODUCT PROTECTION.
7.1. The obligations set out below rest on the Customer as contractual obligations, regardless of the fact that they may be also encumbered by the law.
7.2. The Customer is obliged not to share the Product with other people in order to observe it, research and test it for the purpose of learning the rules and the idea of the Product’s functioning.
7.3. The Customer is not entitled to reproduce or translate the Product’s code, except in the cases specified in art. 75 par. 2 of the Polish Act of February 4, 1994 on copyright and related rights. The Customer is not entitled to view the program code (in the IT sense) within any other scope.
7.4. Notwithstanding any cases provided for by law or the Agreement, MWU may terminate the Agreement and the License immediately if the Customer breaches the Product Protection rules. The breach of this obligation by the Customer will result in the necessity to pay a contractual penalty in the amount of EUR 10,000. This does not affect other MWU rights resulting from the law or the Agreement. MWU may claim damages exceeding the value of the contractual penalty.
8. TERMINATION OF THE CONTRACT AND LICENSE. EFFECTS OF END OF LICENSE.
8.1. Notwithstanding any provisions provided for by law or the Agreement, MWU may terminate the Agreement and the License immediately if the Customer breaches the provisions of the Agreement in a significant manner, which constitutes a valid reason for termination. This does not affect other MWU rights resulting from the law or the Agreement.
8.2. Regardless of any cases provided for by law or the Agreement, the Customer and MWU may terminate the Agreement and the License without giving any reason, upon one month’s notice, with effect at the end of the calendar month (subject to the right of the Customer who is a Consumer to terminate the Agreement and License in the event specified in clause 9.3).
8.3. In the event of any termination of the License, on any legal basis, the Customer is obliged to immediately stop using the Product and uninstall the Product from any devices in his possession. MWU may require the Customer to prove the cessation of use and uninstallation of the Product and to submit appropriate statements. The breach of this obligation by the Customer will result in the necessity to pay a contractual penalty in the amount of EUR 10,000. MWU may claim damages exceeding the value of the contractual penalty.
9. FINAL PROVISIONS.
9.1. MWU has the right to amend these Terms of Delivery for important reasons, in particular in the event of:
9.1.1. changes in legal regulations affecting the rights and obligations of MWU and the Customer,
9.1.2. establishing or changing the trade name, changing the scope and/or method of providing services to which the provisions of these Terms of Delivery apply, by introducing new products or withdrawing or changing the characteristics of the existing services, whereas in the event of a change in the scope and/or method of providing services or its features or the introduction of new products, the Customer will not be obliged to use such services and bear the costs, unless the Customer agrees to such use separately.
9.2. The change of the Terms and Conditions shall come into force no sooner than after 14 days from the moment when the changed Terms were made available on the Store’s website or provided to the Consumer for information, subject to the following.
9.3. If the Consumer does not agree to the provisions of the amended Terms, the Consumer has the right to terminate the Agreement and the License without giving any reason, with a one-month notice, effective at the end of the calendar month. In the event of exercising the right to terminate the Agreement and the License in accordance with this clause, the Consumer shall be bound by the Terms and Conditions in their current wording until the end of the notice period.