End User Licence Agreement (EULA)Go Back
Acceptance of this EULA
(a) You must carefully read this Agreement and should contact us with any questions or issues you have with it before your acceptance of it.
(b) You accept this Agreement if you:
Use the Software; or
otherwise indicate to us, whether directly or indirectly, that you accept this Agreement.
(c) By accepting this Agreement, you acknowledge and agree that:
you have had a sufficient opportunity to read and understand it; and
you agree to be bound by it.
(d) If you do not agree to this Agreement, do not accept it and do not proceed to use the Software.
2. Health and Safety is Your Responsibility
On Point is an arcade shooting experience in VR, and as such, it requires players to be alert and capable of reacting quickly to the virtual environment. Due to the nature of virtual reality, this experience can affect your balance, depth perception, and decision making, especially if you have a history of seizures or other medical conditions. Therefore, the following safety guidelines will reduce the risk of serious injury or harm.
- Ensure there are two adult supervisors who are alert and capable of assisting you if you lose balance or experience any discomfort or nausea.
Do not move or run around excessively while playing the game.
- Ensure your play area is clear of any objects or obstacles that could pose a risk of injury or damage to yourself or others.
- Establish a no pushing or provoking rule that is enforced and taken seriously.
- If you cannot follow these safety guidelines, please do not use this software until you are prepared.
Please read the hardware instruction manual that came with the VR headset.
On Point is designed for ages 13+. If you are under the age of 18, please have this safety guide and EULA reviewed and agreed to by your parent or legal guardian.
ACTUATOR DIGITAL DOES NOT TAKE RESPONSIBILITY FOR ANY INJURY OR DAMAGE CAUSED BY YOUR ACTIONS WHILE PLAYING. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS GAME.
Limited License to Use On Point
Actuator Digital hereby grants you a personal, non-transferable, non-exclusive license to use the On Point software on your devices in accordance with the terms of this EULA agreement.
You are not permitted to:
- Modify, adapt, translate, or create derivative works based on the Software, nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell, or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way that violates any applicable local, national, or international law
- Use the Software for any purpose that Actuator Digital considers a breach of this EULA agreement.
4.DISCLAIMER OF WARRANTIES
You expressly agree that your use of this software is at your sole risk. The software, information, content, materials, and products included in or otherwise made available to you through the software are provided by Actuator Digital on an "as-is" and "as-available" basis. To the fullest extent permitted by applicable law, Actuator Digital disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including, without limitation, any warranties of merchantability, non-infringement, and fitness for particular purpose.
Without limiting the foregoing, neither Actuator Digital nor anyone associated with Actuator Digital represents or warrants that the software, information, content, materials, and products of the software, or electronic communications sent from Actuator Digital regarding the software will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the software or the server that makes them available to you are free of viruses or other harmful components, or that the software will otherwise meet your needs or expectations.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
5. DISCLAIMER OF WARRANTIES
THE GAME AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, [YOUR COMPANY NAME], ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, [YOUR COMPANY NAME] PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ACTUATOR DIGITAL, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THIS AGREEMENT OR (B) THE USE OF OR INABILITY TO USE THE SOFTWARE OR ITS CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ACTUATOR DIGITAL'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THIS AGREEMENT OR (B) THE USE OF OR INABILITY TO USE THE SOFTWARE OR ITS CONTENT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACTUATOR DIGITAL AND YOU.
Actuator Digital shall be indemnified, defended, and held harmless by you against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your violation of the terms and conditions of this agreement or your use of the software.
8. Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Queensland, Australia.
This Agreement is governed by the law in force in the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
(a) In case of any dispute arising out of or related to this Agreement, neither party shall commence any arbitration proceedings unless they have complied with this clause, except in cases where urgent interlocutory relief is sought.
(b) If a party claims that a dispute has arisen, they must give a written notice (Dispute Notice) to the other party/parties, specifying the nature of the dispute. The parties shall then make a good faith effort to expeditiously resolve the dispute through informal dispute resolution techniques such as mediation, expert evaluation or determination, or other techniques mutually agreed to.
(c) If the parties fail to resolve the dispute within fourteen days of receipt of the Dispute Notice (or such further period as agreed in writing by them), any party to the dispute may refer the dispute to mediation by a mediator appointed by the President or nominee of the President of the Australian Mediation Association.
(d) Each party shall bear their own costs in connection with resolving the dispute, and the parties shall bear the costs of any mediator engaged equally.
(e) All information or documents disclosed by a party under this clause must be kept confidential and may not be used except to resolve the dispute.
(a) Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any questions regarding its validity, existence, or termination, that remains unresolved under section 8, shall be referred to and finally resolved by arbitration. The arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules as presently in effect, which are hereby incorporated by reference in this section. The arbitration shall be conducted by a single arbitrator, and English shall be the language used in the proceedings.
(b) For individuals located in Australia or New Zealand, the arbitration shall be administered by the Australian Centre for International Commercial Arbitration (ACICA), and the appointing authority shall be ACICA. The arbitration shall take place in Brisbane, Australia.
(c) For individuals not located in Australia or New Zealand, the arbitration shall be administered by the Singapore International Arbitration Centre (SIAC), and the appointing authority shall be SIAC. The arbitration shall take place in Singapore.
11. EULA Changes
This Agreement constitutes the entire understanding between the parties with respect to its subject matter, and supersedes any previous understanding, agreement, representation, or warranty. You confirm that you have not relied on any representation made by us that has not been expressly stated in this Agreement.
We reserve the right to modify or update this EULA at any time at our sole discretion. All modifications will become effective immediately upon posting on our website. By continuing to use our game after the revised EULA has been posted, you indicate that you accept and agree to the modifications. It is your responsibility to periodically review this page to be informed of any changes.
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