EULA (END-USER LICENCE AGREEMENT)
ARCADIA ATELIER'S PAYNE 4D AR-T 1001 APP - END USER LICENCE AGREEMENT
This End-User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Arcadia Atelier Pty Ltd ACN 104 391 013 469, PO Box 673 Daylesford Victoria 3460 AUSTRALIA ("Arcadia Atelier"). This EULA permits you to use a single copy, or multiple copies of the PAYNE'S 4D AR-T 1001 App ("App"), which include computer software and may include associated media, artwork, printed materials, computer programs, music, sound and on-line or electronic documentation.
Use the App only when it is safe to do so. Keep aware of the real-world environment surrounding you when using the App including but not limited to other people, vehicles, moving objects, stairs, trip hazards and impact hazards. If you are susceptible to motion sickness or epilepsy, we recommend that you do not use the Augmented Reality simulator/s available through the App and/or Virtual Reality headsets, we also do not recommend participation by people that are pregnant or have any mental illness. By downloading and using the App you acknowledge that you use the App at your own risk. When using the App, please be aware of your surroundings and safety.
You may need to purchase a specially identified Richard Payne ("Payne") artwork or sculpture or target or be at a specific geographical location to access the augmented reality simulation/s within the App. Some App versions and/or paintings, prints, sculpture, drawings, installations, exhibits ("artwork”) are limited editions with limited VIP access to the augmented reality simulation/s within the App.
The App is recommended for users who are aged over 18 years of age. If you are under 18 years of age when using the App, you must obtain supervision from a parent, adult guardian or caregiver who is over 18 years of age.
The App may be downloaded from the App store either for free and/or after payment of a fee. You must be over 18 years of age to download the App. You will require a device and internet connection capable of supporting the App store and your use of the App. Any costs associated with downloading and using the App is your responsibility and may depend on the App Store and/or internet service provider used.
Not all of Payne's artwork has Augmented Reality simulator/s available through an App only specially market artwork has Augmented Reality simulator/s available through an App.
Each of Payne's artwork(s) or collection(s) of artworks that has Augmented Reality simulator/s available may have a specific customised version of the App. You will need to ensure that you have the correct App version for the specific artwork(s) you intend to view, otherwise the Augmented Reality simulator/s for a specific artwork may not be available through an incorrect App version.
App versions are either:
1: 'Open' for unlimited public download and viewing of a specific artwork(s) or collection of artworks,
2: Special editions released to licensed VIP's for the exclusivity of limited-editions,
3: App version for Augmented Reality simulator/s attached to promotional, marketing, advertising and/or none fine artwork-based products.
Further instructions on how to download and use the features of the App can be found within the App. These instructions may vary between different App versions and/or updates. As a general guide:
- AR for Paintings, drawings, art prints:
Once you have downloaded and activated the correct App version, point your device at the Payne '2D artwork' and/or other target as specified, keep your device's camera aimed at the 2D artwork at all times when using the App to see Augmented Reality simulator/s available through the App.
- AR Sculpture and installations:
Once you have downloaded and activated the correct App version follow the prompts then point your device at the real-world 'target' or other target as specified, keep your device's camera aimed at the target at all times when using the App to see the Augmented Reality simulator/s sculpture.
Your licence to use the App is subject to your prior acceptance of the terms of this EULA. By installing, copying, or otherwise using the App, you agree to be bound be the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the App.
Subject to the terms and conditions of this EULA Arcadia Atelier grants to you a revocable, limited, non-exclusive, non-transferable, licence to install, download, and use the App on any Apple device or Android device. The App is licensed, not sold, to you. The App remains the property of Arcadia Atelier. This licence does not allow you to use the App on any device that you do not own or control. You may not rent, lease, lend, sell, transfer, redistribute or sub-license the App and if you sell your Apple device of Android device to a third party you must remove the App from that device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify. improve, enhance, translate or create derivative works of the App and/or any artwork except as and only to the extent that any forgoing restriction is prohibited by law or to the extent permitted by the licensing terms governing use of any open-sourced components included in the App. If you breach this restriction, you may be subject to prosecution and pursued for damages.
The terms of this licence will govern any upgrades provided by Arcadia Atelier that replace and/or supplement the original App, unless such upgrade has a separate licence in which case that licence will govern.
You agree that Arcadia Atelier and/or its authorised third-party IT and/or technical service providers may collect and use technical data and related information including but not limited to technical information about your Apple device or Android device, system and applicable software, and peripherals that is gathered periodically to facilitate the provision of the software updates, product support, and other services to you if any related to the App. Arcadia Atelier may use this information, to improve its products or to provide services or technologies to you.
This licence is effective until terminated by you or Arcadia Atelier. Arcadia Atelier may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice. Your rights under this licence will terminate automatically without notice from Arcadia Atelier if you fail to comply with any term(s) of this licence. Upon termination of the licence, you shall cease all use of the App and destroy all copies, full or partial, of the App.
The App may enable access to Arcadia Atelier's and/or third-party services, artwork(s), content and websites (collectively and individually "External Services"). Third-party services and content may be accessed within the App itself or external to the App. Any third-party services, artwork(s), content and websites accessible within or via the App are henceforth referred to as "Third-party Content". Use of External Services may require internet access and use of certain External Services requires you to accept additional terms.
You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language and/or imagery. Nevertheless, you agree to use the External Services at your sole risk and that neither Arcadia Atelier nor it's agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
By using and/or accessing Third-party Content, you acknowledge and agree that neither Arcadia Atelier nor its agents are responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third-Party Content. Neither Arcadia Atelier nor its agents warrant or endorse and to the full extent of the law does not assume and will not have any liability or responsibility to you or any other person for any External Services. Third-Party Content and links are provided solely as a convenience to you.
You agree that External Services may contain proprietary content, information and material that is owned by Arcadia Atelier, it's agents, licensors, Richard Payne and/or third parties and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever that infringes any intellectual property rights of Arcadia Atelier and/or Richard Payne and/or third parties. No portion of any External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Eternal Services, in any manner, and shall not exploit the External Services in any unauthorised way whatsoever, included but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass of burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party and the Arcadia Atelier nor its agents are in any way responsible for any such use by you.
Arcadia Atelier reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. To the full extent of the law, in no event will Arcadia Atelier nor its agents nor Richard Payne be liable for the removal of or disabling of access to any such Eternal Services or services available through the App. Arcadia Atelier may also impose limits on the use of or access to certain External Services of services available through the App, in any case and without notice or, to the full extent permitted by law.
You agree that the App contains proprietary content, information and material that is owned by Arcadia Atelier and/or Richard Payne and/or its agents or licensors and is protected by applicable intellectual property and other laws, included but not limited to copyright, and that you will not use such propriety content, information or materials in any way whatsoever except expressly permitted by Arcadia Atelier.
To the extent permitted by law, Arcadia Atelier nor its agents shall not be liable for property damage, personal injury, death, or any incidental, special, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, or other damages or losses arising out of or related to your use or inability to use the App however caused. In no event shall Arcadia Atelier's total liability to you for all damages (other than applicable by law) exceed the amount of sixty dollars (AUD60).
The laws of Australia govern this licence and your use of the App. Your use of the App may also be subject to other local, state, national or international laws.
By continuing to access or use the App after amendments become effective, you agree to be bound by the amended terms and conditions.
Arcadia Atelier Pty Ltd
Telephone: +61 (0)417 379 162
Mail: PO Box 673 Daylesford Victoria 3460 AUSTRALIA