END USER LICENSE AGREEMENT (EULA) BETWEEN USER AND I-LIVE-ON CORPORATION
I-LIVE-ON CORPORATION's (referred to as "I-LIVE-ON" or "I-LIVE-ON®" or "I-LIVE-ON.com" or "ILIVEON" or "I-LIVE-ON® StoryTeller" throughout) Software App copies of the Creator App and Player Apps (i.e. the downloadable I-LIVE-ON® Computer Applications) and this associated EULA are part of the I-LIVE-ON® Storyteller System that also includes the I-LIVE-ON® Websites, Creator App, Player Apps (such as NowStory Player App and VR Media Player App), LifeStory Service and associated I-LIVE-ON® StoryTeller System (i.e. “the Software Apps & Services”) and their accompanying documentation, are licensed and not sold.
These Software Apps are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. I-LIVE-ON CORPORATION or its subsidiaries, affiliates, and suppliers (collectively known as “I-LIVE-ON®” throughout) own the intellectual property rights to the Software Apps. The Licensee’s (“you” or “your” or “User” or "Customer") license to download, use, copy, or change the Software Apps is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
The I-LIVE-ON® Websites, Creator App, Player Apps, LifeStory Service, and associated I-LIVE-ON® Apps & Services and the I-LIVE-ON® StoryTeller System are operated under USA ("United States of America") laws. If you access any of the I-LIVE-ON® Websites and the associated Apps & Services from outside the USA borders, then it will be the same as if you were visiting the USA and ordering / using an App or Service domestically within the USA.
All rights are reserved by I-LIVE-ON CORPORATION, a United States of America Corporation, incorporated in Delaware State, headquartered in the USA, and operating according to USA laws.
I-LIVE-ON® and its 7SemiCircles® Logo are Registered Trademarks of I-LIVE-ON CORPORATION.
dba I-LIVE-ON & ILIVEON = Brand.
I-LIVE-ON® StoryTeller System is Patent Pending.
The “ILO File” is produced via the Creator App. The “ILO File” uses the .ilo extension which is a registered open format Zip File.
The term "User" may also be referred to as "Customer" throughout.
I-LIVE-ON® may develop and change - as its Apps & Services mature, based on User and Market feedback, then improvements and developments to our Apps & Services may be updated. This may include modifications and evolution of this EULA document.
The term "App" is shorthand for "Application" and is Software, which may also be called a Product, throughout this Agreement.
The Creator App (Free Trial) SKU is being promoted at present as FREE for an Introductory period, noting that this SKU of the App Software will expire 14 Days after its initial download date.
I-LIVE-ON® may automatically issue Software Updates (free or paid) for the Creator App - OTP SKU and the NowStory Player App SKU, using emailed update weblinks that require the User to click on (if they want their Software updated), however such Software Updates (free or paid) may not continue indefinitely.
The NowStory Player App SKU is currently offered for a low price, so as to prevent nuisance spammers from multiple orders being downloaded, however we currently offer a NowStory Player App "Free Code" together with any Creator App - OTP SKU that is ordered.
Importantly, User Story ILO Files do not expire.
Our various Apps and Services are offered for different Term lengths, and are defined as 1 Year is 365 Days, 0.05 Year is 18 Days, 1 Month is 31 Days, 14 Days is 336 Hours and 1 Day is 24 Hours.
It is your responsibility to review and reread any updates to this EULA (refer “Changes to Terms” Section below). The most current version of this EULA will automatically supersede all previous versions, and the User is specifically asked to note this provision.
Access and Use of User Computer File System, User Cloud Share Drive and User Meta Quest VR Headset
The I-LIVE-ON StoryTeller System occasionally requires access to your Computer File System and Cloud Share Drive - during the normal operations of the I-LIVE-ON® Websites, Creator App, Player Apps (i.e. NowStory and VR Media, LifeStory Service, I-LIVE-ON® StoryTeller System and all other I-LIVE-ON® Apps & Services.
This Access includes:
- the creation of a default I-LIVE-ON folder / folders on the User Computer when they download and install either the Creator App or NowStory Player App on their User Computer which are used to assist with the User Experience ("UX") as Users interact with our Apps;
- the creation of a default I-LIVE-ON folder on the User Cloud Share Drive when they provide access to their Cloud Share Drives for the purposes of saving their User Story ILO File into their Cloud Share Drive;
- the connection between a User Computer and the VR Media Player App (installed on a Meta Quest VR Headset), so as to allow the transfer of User Story ILO Files (and other file types) stored on the User Computer into the VR Media Player App;
- uploading the User Story ILO File to the I-LIVE-ON® Websites for the purposes of transferring such User Story ILO File from the User Computer to the I-LIVE-ON StoryTeller System via the I-LIVE-ON® Websites.
The VR Media Player App can be downloaded from the I-LIVE-ON® Websites, and also 3rd Party Virtual Reality providers such as Meta Quest and Sidequest VR, and as such their associated Terms of Service / Sale and EULA should be read and form a part of this EULA.
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE VARIOUS DOWNLOAD RADIO BUTTONS FROM THE I-LIVE-ON® WEBSITE FOR THE CREATOR APP AND / OR PLAYER APPS BY DOWNLOADING THE SOFTWARE APPS OR BY INSTALLING, USING, OR COPYING THE SOFTWARE APPS.
YOU AUTOMATICALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU DOWNLOAD THE SOFTWARE APPS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT SELECT THE “BUTTONS” FROM THE I-LIVE-ON® WEBSITES AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE APPS.
License Grant
This Agreement entitles you to install and use one copy of the Software App. In addition, you may make one archival copy of the Software App. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software App. This Agreement does not permit the installation or use of multiple copies of the Software App, or the installation of the Software App on more than one computer at any given time, on a system that allows shared used of applications, on a multi-User network, or on any configuration or system of computers that allows multiple Users.
The Software Apps may not be sold or given away for free or enabled to be downloadable through any website or any other medium such as a CD etc. The Software Apps are only available to be downloaded through our I-LIVE-ON® Web domains or other authorized websites based on I-LIVE-ON®’s sole decision and discretion.
The Exception to the above License Grant applies to the NowStory Player App - which has no restrictions placed on its installation, number of copies, usage, website hosting, emailing and usage.
Restrictions on Transfer
The User may not assign their rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer their rights to the Software Apps.
Restrictions on Use
You may not use, copy, or install the Software Apps on any system with more than one computer, or permit the use, copying, or installation of the Software Apps by more than one User or on more than one computer. Rather, you must download a new version from our I-LIVE-ON Website.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Apps or any part of the I-LIVE-ON® System.
You may not use any database portions of the Software Apps in connection with any software other than the Software Apps.
Restrictions on Alteration
You may not modify the Software Apps or create any derivative work of the Software Apps or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Apps. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Apps except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on any storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY I-LIVE-ON®, I-LIVE-ON® MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE APPS.
I-LIVE-ON® makes no warranty that the Software Apps will meet your requirements or operate under your specific conditions of use. I-LIVE-ON® makes no warranty that operation of the Software Apps will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE APPS SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE APPS TO MEET YOUR REQUIREMENTS. I-LIVE-ON® WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL I-LIVE-ON®, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE APPS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF I-LIVE-ON® OR ANY OTHER PARTY, EVEN IF I-LIVE-ON® IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS I-LIVE-ON®’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by I-LIVE-ON® to have been caused by you. All limited warranties on the Software Apps are granted only to you and are nontransferable. You agree to indemnify and hold I-LIVE-ON® harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Delaware USA, without regard to Delaware’s conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Apps. Selection of whether to correct or replace shall be solely at the discretion of I-LIVE-ON®. Additionally, I-LIVE-ON® reserves the right to substitute a functionally equivalent copy of the Software Apps as a replacement. If I-LIVE-ON® is unable to provide a replacement or substitute Software Apps or corrections to the Software Apps, your sole alternate remedy shall be a refund of the purchase price for the Software Apps exclusive of any costs for shipping and handling.
Terms & Conditions Agreement
The User acknowledges that by downloading the Creator App and / or Player Apps or using the LifeStory Service that they have read and agree to the Terms & Conditions agreement of I-LIVE-ON® as presented on its I-LIVE-ON® Websites.
I-LIVE-ON® and its Services are being updated, as new features are added. Occasionally, I-LIVE-ON® may automatically issue Software Updates using emailed update weblinks that require the User to click on (if they want their Software updated) - however this is solely based on I-LIVE-ON's discretion and decision.
Additionally, the User agrees that they have also read and understood the Privacy Policy of I-LIVE-ON® as presented on its I-LIVE-ON® Websites.
Changes to Terms
I-LIVE-ON® reserves the right, in its sole discretion, to change this EULA under which I-LIVE-ON® is offering the Software Apps. The most current version of the EULA will supersede all previous versions.
Significant changes to the EULA will be notified in general by updating them on revised versions of this document. However, you will NOT BE personally notified - rather it is your responsibility to review the latest EULA that is posted on the I-LIVE-ON® Website. Your continued use of the Creator App and Player Apps on your Microsoft WINDOWS PC Desktop / Laptop or Apple macOS Desktop / Notebook or other electronic device, Website and / or Services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified EULA; and (b) agreement to abide and be bound by the EULA.
I-LIVE-ON® encourages you to periodically review the EULA to stay informed of our updates.
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