BY DOWNLOADING OR USING THE BETA PRODUCT, YOU AGREE TO THE TERMS OF THIS PRIVATE BETA AGREEMENT (“Agreement”). If you do not agree to the terms of this Agreement, do not download or use the beta product.
This Agreement is between Rukkou Technology and you. You must be 18 years or older.
1. License. When you install the Beta Product, Licensor grants to you a limited, revocable, non-exclusive license to use the Beta Product for personal use on your iOS systems for which the Beta Product was designed (e.g., iPhone, iPad). For Rukkou Beta Products only, Licensor also grants to you a limited, non-exclusive license to use the Share button to replicate or stream the Beta Product’s audio and video output to third-party services supported by the iOS systems where the Beta Product permits use of the Share button and where Licensor has the rights to permit you to record, edit and share the Beta Product’s content. Licensor reserves all rights in the Beta Product not explicitly granted to you in this license, including rights to all intellectual property contained in the Beta Product. This license does not include the right to, and you agree not to (a) rent, lease or sublicense the Beta Product or make it available on a network to other users; (b) modify, adapt, translate, reverse engineer, decompile or disassemble the Beta Product; (c) create derivative works from the Beta Product; or (d) copy, publicly perform or broadcast the Beta Product in an unauthorized manner.
3. Your Information. Licensor will collect, use, disclose and dispose of personal information as described in the following privacy policy. https://www.rukkou.com/p/privacy-policy.html
4. User Generated Content.
You may have the option to create, post, stream, transmit and provide content such as pictures, photographs, game related materials, or other information ("User Material") through the Beta Product. To the extent permitted by law, you license Licensor a royalty-free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties. You acknowledge that you have received good and valuable consideration from Licensor for the license of the rights in your User Material. Licensor may sublicense its rights to your User Material to any third party, including its affiliates. You hereby waive, to the extent permitted by law, all claims, including any moral or patrimonial rights, against Licensor and its affiliates or any third party's use of the User Material By creating, posting, streaming, transmitting or providing Licensor any User Material, you represent and warrant that your User Material does not infringe on the intellectual property or other rights of any third party and is not obscene, defamatory, offensive or an advertisement or solicitation of business and you have the appropriate rights to use, create, post, distribute, transmit and provide User Material and to grant Licensor the foregoing license. You must cooperate with Licensor in resolving any dispute that may arise from your User Material.
5. Confidential Nature of the Beta Product. You acknowledge that:
(a) The Beta Product and any information regarding your use of the Beta Product, whether shared with Licensor or not, is Licensor’s confidential information. You will not transfer, distribute or disclose any materials, User Material, or any information in connection with the Beta Product to any third party;
(b) the Beta Product is not thoroughly tested and includes pre-release materials that are not intended for public release;
(c) the features provided in the Beta Product may not be available in the final release;
(d) licensor is entitled to injunctive relief as well as all other legal remedies that may be available if you breach this Agreement.
6. licensor may, by automatic update or otherwise, modify the Beta Product at any time for any reason. If the Beta Product uses online servers, Licensor makes no commitment to make those servers available at any or all times.
7. Internet Connection. Some Beta Product features may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of the Beta Product.
8. DISCLAIMER/LIABILITY LIMITATIONS. THE BETA PRODUCT AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING SENTENCE, LICENSOR DOES NOT WARRANT THAT OPERATION OF THE BETA PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE BETA PRODUCT WILL BE COMPATIBLE WITH ANY OTHER PRODUCT OTHER THAN DESIGNATED IOS SYSTEM, OR THAT THE BETA PRODUCT WILL WORK PROPERLY ON ALL DESIGNATED DEVICES. LICENSOR MAY IN DISCRETION, DISCONTINUE SUPPORTING THE BETA PRODUCT AT ANY TIME, AND LICENSOR HAS NO LIABILITY FOR DISCONTINUANCE. LICENSOR WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BETA PRODUCT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED $10. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITIES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Questions or Complaints. You may submit any questions or complaints to Customer Support.
