The following terms and conditions, together with any referenced documents (collectively, "Terms of Use") form a legal
agreement between you and your employer, employees, agents, contractors and any other entity on whose behalf you accept
these terms (collectively, 'you' and 'your'), and Stage, Inc. ('Stage,' 'we,' 'us'
and 'our'). The Terms of Use apply to the demonstration services available on the website where these Terms of
Use are presented, including any Stage Intellectual Property (as defined below) therein (the 'Stage Demo').
By accessing or using the Stage Demo, or by clicking to accept or agree to the Terms of Use when this option is made
available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If
you do not agree to these Terms of Use, you may not use the Stage Demo.
Personally identifiable information collected about you by this Stage Demo is treated in accordance with the Privacy
Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use
or the Privacy Policy, you must accept these Terms of Use or access the Stage Demo.
Access
We reserve the right to terminate or modify the Stage Demo in whole or in part, in any manner in our sole discretion,
without notice. We will not be liable if, for any reason, all or any part of the Stage Demo is unavailable at any
time or for any period. From time to time, we may restrict access to all or part of the Stage Demo to a subset of
permitted users. You are solely responsible for making all arrangements necessary for you to access the Stage Demo.
You shall use the Stage Demo exclusively to test and evaluate the Stage product and service, and you shall access it
only through the registration portal, regardless of any previous registration or access. To access portions of the
Stage Demo or certain resources, you may be asked to provide certain registration details or other information.
It is a condition of your use of the Stage Demo, and you hereby represent and warrant, that all information you
provide is correct, current and complete. You must logout from the Stage Demo at the end of each session. You agree
that you are solely responsible to us for all activities identified with your access and registration. Stage has
the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole
discretion we believe that you have failed to comply with any provision of these Terms of Use.
Data Visible to Other Users
The Stage Demo is a collection of shared instances that automatically reset on a timed schedule. Anything input by a
user of the Stage Demo that remains on an instance following your use will be visible and usable to all other users
that access the same instance before it is reset. In addition to the rights provided to Stage above, you hereby
grant to all users of the Stage Demo a royalty free, fully paid, non exclusive, non transferable, sub licensable,
worldwide right to use any data and intellectual property provided by you to each other user of the Stage Demo
solely to use the Stage Demo as described herein.
2. Prohibited Uses
You agree not to access or use (and shall not permit others to access or use) the Stage Demo or Stage Intellectual
Property in any manner:
Other than for product evaluation purposes (specifically excluding product demonstration, development, or any
production or commercial purposes).
To process, use, transmit or introduce any confidential or sensitive information of any kind, including
personally identifiable information, sensitive personal data, health information of any kind, or factual data
regarding your employees or third data, and particularly excluding: (1) information protected under the privacy
or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996
(HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (2)
non public sensitive or personally identifiable information including but not limited to drivers license
numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or
similar identifying numbers, health information, or financial information including bank, checking, credit card,
debit card, or other account numbers.
To license, sub license, sell, re sell, rent, lease, transfer, distribute or time share or otherwise make them
available for access by third parties.
To disassemble, reverse engineer, decompile or modify them or otherwise create derivative works of them.
To access them for the purpose of developing a product or service that competes with a Stage Product.
To use them to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or
other programs or engage in any other malicious act.
To disrupt their security, integrity or operation.
To remove or modify a copyright or other proprietary rights notice in them.
To use them to reproduce, distribute, display, transmit or use material protected by copyright or other
intellectual property right (including the rights of publicity or privacy) without first obtaining the
permission of the owner.
To use them to damage the property of another.
That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or
assists in any unlawful act, constitutes an illegal threat or violates export control laws.
That temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any Stage or third
party data, software or network.
That violates the rights of any person or entity that may give rise to civil or criminal liability under
applicable laws or regulations applicable to you, another user, and/or Stage, including violation of privacy or
publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property
right, or conflicts with these Terms of Use or the Privacy Policy.
To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct,
pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
To monitor or attempt to gain unauthorised access to: (1) an account or computer not belonging to you; (2) any
data, information or communications on any network or system not owned by you, without authorization; (3) any
system or network user accounts or passwords of other users, without authorization; or (4) e mail addresses,
screen names or other identifiers without the consent of the person identified (including, without limitation,
phishing, password robbery, spidering and harvesting).
That is false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate
any person or entity, including any other user, Stage or a Stage employee; (2) to misrepresent your identity or
affiliation with any person or organization; and (3) any attempt to give the impression that you are posting
materials from any person or entity other than yourself if that is not the case, including but not limited to
altering your IP source address.
To monitor or copy materials on the Stage Demo for any unauthorised purpose or access the Stage Demo via any
automatic device, process or means of access such as a robot or spider.
That may have a detrimental effect on the Stage Demo's function, user interaction or security, including but not
limited to: (1) gaining unauthorised access to, or attempting to compromise the security of, any network,
system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise
interfere with communications intended for others; (3) disabling, damaging overburdening or impairing the Stage
Demo or any server, computer or database connected to or accessed by the Stage Demo; (4) modifying, blocking or
otherwise interfering with the display of the Stage Demo; (5) interfering with another user's ability to access,
use and enjoy the Stage Demo; (6) accessing another user's registration information or user account without that
user's express written permission; (7) transmitting or introducing any malicious or technologically harmful
element to the Stage Demo such as a spyware programme, virus, Trojan horse, worm or logic bomb; (8) performing,
without Stage's express prior written authorisation, scalability testing, load testing, probing, scanning,
penetration or vulnerability testing of the Stage Demo, including without limitation the Community Services; and
(9) engaging in any activities that results in any server being the target of a denial of service attack.
Notification of Violation
If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you
shall immediately notify VISR Dynamics via e mail to intouch@visr-vr.com.
3. Intellectual Property
As between you and VISR Dynamics, all rights, title and interest in and to all the intellectual property rights in the
Stage Intellectual Property are owned exclusively by Stage and its licensors, notwithstanding any other provision
in these Terms of Use or any other agreement. The Stage Intellectual Property is protected by United States and
international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary
rights. As used herein, 'VISR Dynamics Intellectual Property' means the information, text, displays, images,
video, audio, and user interfaces included in or generated by the Stage Demo, and the design, selection and
arrangement thereof, as well as the technology that is used by Stage to deliver the Stage Demo, including:
(a) software code (whether in source or object form) including platforms and applications, hardware, algorithms,
templates, graphical user interfaces, architectures, class libraries, application programming interfaces, objects,
methodologies, and documentation (both printed and electronic) in existence as of the Effective Date or otherwise
acquired or developed by Stage apart from the services rendered under these Terms of Use; and (b) any derivative
works, improvements, enhancements or extensions of the foregoing made by ether you or Stage. Except as expressly
provided in this Agreement, Stage does not grant you (and expressly reserves) any rights, express or implied, or
ownership in the Stage Intellectual Property. No right, title or interest in or to the Stage Demo is transferred
to you. Stage reserves all rights not expressly granted to you herein. You hereby grant to Stage a royalty free,
fully paid, non exclusive, non transferable, sub licensable, worldwide right to use: (a) electronic data uploaded
or processed by you to the Stage Demo; and (b) any software, methodologies, templates, business processes,
documentation or other material authored, invented or otherwise created by you using or for use with the VISR
Dynamics Intellectual Property provided by you to Stage solely to provide the Stage Demo. Customer Technology does
not include, and Customer will have no ownership of intellectual property in, Stage. Any use of the Stage Demo not
expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark
and other laws. You are permitted to use the Stage Demo only for legitimate business purposes related to your role
as a current or prospective customer, supplier or partner of Stage. You shall not copy, modify, create derivative
works of, publicly display or perform, republish, download or store, or transmit any Stage Intellectual Property
without Stage's express prior written consent or except as expressly provided in these Terms of Use.
VISR Trademarks
Stage, and all related, logos, product and service names, designs and slogans are trademarks or service marks of Stage
or our affiliates or licensors. You must not use such marks without our prior written permission. All other names,
brands and marks are used for identification purposes only and are the trademarks of their respective owners.
4. Monitoring, Enforcement and Feedback
The Stage Demo is a shared environment. Stage has the right but not the obligation to:
Terminate your access to all or part of the Stage Demo for any reason or no reason, in our sole discretion,
including without limitation any violation of these Terms of Use or the Privacy Policy.
Disclose your identity to any third party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or
unauthorised use of the Stage Demo.
Without limiting the foregoing, Stage has the right to fully cooperate with any law enforcement authorities or court
order requesting or directing us to disclose the identity of anyone including any materials on or through the Stage
Demo. YOU WAIVE AND HOLD STAGE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STAGE DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER STAGE OR LAW
ENFORCEMENT AUTHORITIES.
Stage can neither review all material before it is included on the Stage Demo nor ensure prompt removal of
objectionable material after it has been posted and assumes no liability for any action or inaction regarding
transmissions, communications or content provided by any user or third parties. We have no liability or
responsibility to anyone for performance or non-performance of the activities described in this paragraph.
Feedback & Suggestions
Direct feedback, comments, suggestions, requests for support and other communications relating to the Stage Demo to:
intouch@visr-vr.com. VISR Dynamics shall have a royalty free, worldwide,
non exclusive, transferable, sub licensable, irrevocable, perpetual right and license to make, use, sell, offer for
sale, import or otherwise incorporate for any purpose, any feedback, and suggestions for improvements or
enhancements to the Stage Demo and the Stage Products.
5. Legal Considerations
Regional Legal Considerations
The owner of the Stage Demo is based in the state of California in the United States. The Stage Demo can be accessed
from countries around the world. Access to the Stage Demo may not be legal by certain persons or in certain
countries. If you access the Stage Demo from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws. Access to the Stage Demo from territories where the Stage Demo or any
of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for
your compliance with U.S. and all applicable export and related statutes and regulations.
Disclaimer of Warranties
VISR Dynamics cannot and does not promise or warrant that any aspect of the Stage Demo is free of viruses or other
destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti virus protection and accuracy of data input and output, and for maintaining a
means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT
YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE STAGE DEMO OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE STAGE DEMO OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY WEBSITE LINKED TO IT.
YOUR USE OF THE STAGE DEMO, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STAGE DEMO,
IS AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER STAGE NOR ANY PERSON ASSOCIATED WITH STAGE MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE STAGE DEMO. WITHOUT
LIMITING THE FOREGOING, NEITHER STAGE NOR ANYONE ASSOCIATED WITH STAGE REPRESENTS OR WARRANTS THAT THE STAGE DEMO
WILL BE ACCURATE, RELIABLE, ERROR FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE STAGE DEMO OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE STAGE DEMO WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
STAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO
THE STAGE DEMO AND THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON
INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL STAGE, ITS
AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE STAGE
DEMO, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, 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.
Indemnification
You agree to defend, indemnify and hold VISR, its affiliates and licensors and their respective officers, directors,
employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages,
judgements, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of
defense) resulting from your violation of these Terms of Use or your use of the Stage Demo, including, without
limitation, any use of the Stage Demo's content, services and products other than as expressly authorised in these
Terms of Use or your use of any information obtained from the Stage Demo.
Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their
formation (in each case, including non contractual disputes or claims) shall be governed by and construed in
accordance with the internal laws of the State of California in the United States without giving effect to any
choice or conflict of laws provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Stage Demo shall be
instituted exclusively in the federal courts of the United States or the courts of the State of California, in each
case located in the Santa Clara, California although we retain the right to bring any suit, action or proceeding
against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby
irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in
such courts.
Export Restrictions
You may not access, download, use or export materials posted to the Stage Demo in violation of U.S. export laws or
regulations, including the Export Administration Regulations (EAR), or in violation of any other applicable export
or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any
United States or foreign agency or authority.
Waiver and Severability
No waiver of these Terms of Use by VISR Dynamics shall be deemed a further or continuing waiver of such term or
condition or any other term or condition, and any failure of VISR Dynamics to assert a right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full force and effect.
Third Party Beneficiaries
There are no third party beneficiaries to this agreement.
Classification of Website and VISR Dynamics Products
In the event of a dispute, the categorisation of any subject matter as either the Stage Demo or a Stage Product shall
be made by VISR Dynamics in its sole discretion, and VISR Dynamics may reclassify a Stage Product subject matter
previously included in the Stage Demo.
Termination
Stage may terminate these Terms of Use at any time for any reason by giving you written notice, and all licenses,
permissions and other rights granted to you hereunder shall immediately terminate. Notwithstanding the termination
of this Agreement for any reason, Sections 3 and 5 herein shall survive.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and VISR Dynamics with
respect to the Stage Demo and supersede all prior and contemporaneous understandings, agreements, representations
and warranties, both written and oral, with respect to the Stage Demo. For the avoidance of doubt, these Terms of
Use do not supersede any Master Ordering Agreement, subscription agreement or other agreement pursuant to which you
have been granted the right to use or access a Stage product or service.
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