Jordan Rudess & Friends in 3D Audio powered by ZYLIA
​ZYLIA END USER LICENSE AGREEMENT

FOR Jordan Rudess & Friends in 3D Audio powered by ZYLIA applications

This End User License Agreement is legally binding.
You must agree to the terms of this End User License Agreement to install, access, or use the ZYLIA Software and other Services provided by Zylia.

By installing, accessing, or using the ZYLIA Software, you do not acquire any other rights besides the ones granted to you by Zylia in this End User License Agreement.
The ZYLIA Software is licensed to you, which means that you are not the software owner.
If you need any clarifications regarding the End User License Agreement terms, you may ask Zylia for help.

To accept the terms of the ZYLIA End User License Agreement on behalf of a legal entity, you must have full authority to act on behalf of such an entity, including authority to bind that entity.

**1. Definitions:**

- **Demo Version** - a version of ZYLIA Software with limited functionality to be used only to demonstrate and evaluate ZYLIA Software for a limited period.
- **Online Activation** – method of activating and verifying the ZYLIA Software
- **Update** – improvement in ZYLIA Software made available by Zylia to the users of ZYLIA Software
- **Support** – services provided by Zylia for the support of ZYLIA Software in case of technical problems
- **Zylia** – Zylia Spółka z ograniczoną odpowiedzialnością with its legal seat in Poznań, Poland, ul. Uniwersytetu Poznańskiego 2, 61-614 Poznań, KRS 0000270693, REGON 140778047, NIP 5252380826
- **ZYLIA Software** – applications named ZYLIA - Jordan & Friends - Meta Morning Mist in a stand–alone version. This EULA grants you a license to use these applications in a stand-alone - version and non of the other software of Zylia.

**2. Ownership of the ZYLIA Software**

Zylia owns copyrights to the ZYLIA Software.
By installing, accessing, or using the ZYLIA Software, you do not acquire any other rights besides the one granted to you by this license.
You shall have no ownership in the ZYLIA Software, as Zylia owns such rights.
All rights, copyrights, trademarks, patents, and intellectual property rights are owned by Zylia.
Zylia does not transfer any rights to you.
You are authorized to use the ZYLIA Software only as a licensee in the scope set in this End User License Agreement.
The ZYLIA Software is protected by applicable law, including international treaties and conventions.
All rights are reserved.

**3. Requirements**

To install the ZYLIA Software, you must agree to the terms and conditions of this End User License Agreement.
The ZYLIA Software supports the following operating systems and devices:

 - Oculus Quest, Oculus Quest 2

You need a minimum of 2 GB of free space to install ZYLIA Software.


**4. Scope of License**

Upon accepting this License Agreement, Zylia grants you a right to a non-exclusive, non-sublicensable, non-transferable license to use ZYLIA Software during the term of this End User License Agreement and a right to receive updates to ZYLIA Software as they will become available and if they will become available.
You may not distribute ZYLIA Software to third parties, enable access to ZYLIA Software for third parties, use, transfer, or export ZYLIA Software in violation of any laws or any decisions of the government or governmental agency of a Member State of the European Union or the United States of America, reverse engineer, decompile or modify ZYLIA Software unless if in compliance with particular open source licenses delivered with ZYLIA Software.
You may not publish, rent, lease or lend ZYLIA Software or make the software available for use by multiple users over a network at the same time.
Reverse engineering, decompilation and disassembly of the ZYLIA Software is permitted only to the extent set by applicable law.
You may choose to use a trial version or Demo Version of ZYLIA Software if the installer of ZYLIA Software allows it.
The trial version will grant you a limited 30 days license to use ZYLIA Software.
After 30 days, the trial license will expire and ZYLIA Software will be unavailable and inaccessible.
Demo Version may be used only to evaluate the software and decide whether the User wants to buy a full version of ZYLIA Software.
Demo Version may be used exclusively for non-commercial, internal use and for no other purpose.
The demo Version is a restricted version that lacks some of the features available in a full version of ZYLIA Software.
Files saved using Demo Version may be distorted or digitally changed in other ways.
You may create one backup copy of ZYLIA Software and use it to restore the software only.
You may use the documentation provided by ZYLIA Software.


**5. Error Reporting**

In case of software error, you may send an automatically generated report to Zylia containing data logs or recordings.
No files will be sent to Zylia without your consent.
Reports may be used to solve technical problems and update ZYLIA Software.

**6. Limited Liability and Warranty**

In any case and for all events, Zylia’s liability arising out of or relating to this End User License Agreement or the use of ZYLIA Software, including without limitation on account of performance or non-performance of obligations, will not exceed the amount of 5 EURO.
In no event will Zylia be liable to the user for damages, including, without limitation, any incidental, consequential, special, indirect, exemplary or punitive damages or any damages arising out of or in connection with any malfunctions, regulatory non-compliance, delays, loss of data, lost profits, lost savings, interruption of service.
Zylia provides ZYLIA Software and all the services “as is” and without warranties or conditions of any kind.
Zylia does not guarantee or warrant that the user of the ZYLIA Software or any of the services will be uninterrupted, free of error or that Zylia will correct all ZYLIA Software errors.
You are solely responsible for the use of ZYLIA Software.
Important: your consumer rights and guarantees are not limited in any way by this End User License Agreement.

**7. Intellectual Property Rights**

Zylia’s trademarks, Community designs, logos, trade names and service marks displayed as part of the ZYLIA Software or services are the property of Zylia.
You are not permitted to use Zylia’s trademarks, Community designs, logos, trade names and service marks without the prior written consent of Zylia.

**8. Other Provisions**

This EULA will be governed by and construed by the laws of Poland.
Neither party will be liable for any delay or failure in performance due to causes beyond its reasonable control, including without limitation, labor difficulties and problems with telecommunications providers.
If any provision of this EULA is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such a provision cannot be so modified, the parties agree that such invalidity will not affect the validity of the remaining provisions of the EULA.
Zylia may assign this EULA pursuant to a merger or a sale of all or substantially all of its assets.
This EULA is the final, complete and exclusive statement of the agreement between the parties concerning the subject matter of this EULA and all prior written agreements and all prior and contemporaneous oral agreements concerning the subject matter of this EULA are contained therein.