Tribe XR Terms of Service

End-User License Agreement (EULA) of Tribe XR DJ School

This End-User License Agreement ("EULA") is a legal agreement between you and Tribe XR Inc (referred to herein as "Tribe XR Inc", "we", "us", or "our").

This EULA agreement governs your acquisition and use of our "Tribe XR - DJ in VR" software, including our video call website (https://live.tribexr.com) (collectively "Software") directly from Tribe XR Inc or indirectly through a Tribe XR Inc authorized reseller or distributor.

Please read this EULA agreement carefully before completing the installation process and using the Tribe XR - DJ in VR software. It provides a license to use the Software and contains warranty information and liability disclaimers.

If you register for a free trial or received a free key to access the Tribe XR - DJ in VR software, this EULA agreement will also govern that trial.

Your access to and use of the Software is also conditioned on your acceptance of and compliance with the Privacy Policy of Tribe XR Inc, which is hereby incorporated by this reference. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Software and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Software.

By clicking "accept" or installing and/or using the Tribe XR - DJ in VR Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement and our Privacy Policy. If you disagree with any part of this EULA or our Privacy Policy, then you may not access the Software.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Tribe XR Inc herewith regardless of whether other software is referred to or described herein. This EULA also applies to any Tribe XR Inc updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Changes to the EULA

We may revise and update this EULA from time to time in our sole discretion. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. All changes are effective immediately when we post them, and apply to all access to and use of the Software thereafter. Your continued use of the Software following the posting of revised EULA means that you accept and agree to the changes.

Accessing the Software

To use the Software you may have to register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to us ("Registration Data") for the purposes of creating an account (your "Account"). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Software and act as your username and Registration Data for access, communicating, creating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Software.

We reserve the right to withdraw, terminate, suspend, change or update this Software, including your account and any service or material we provide via the Software, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Software is unavailable at any time or for any period.

You are solely responsible for maintaining the confidentiality and security of your Account.

Age Requirement

In order to use the Software, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian's consent to the terms of this EULA, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Software where you need to register and provide certain information to us: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this EULA to your parent or legal guardian, and he or she must click "AGREE" or "SIGN UP," as may be applicable, to enter into this EULA on your behalf.

Children under 13 years of age may not register for the Software, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this EULA for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Software, including all financial charges and legal liability that he or she may incur.

Subscription Fees

"Tribe XR - DJ Academy" currently costs USD $9.99 per month for a monthly subscription, $79.99 per year for an annual subscription, and $199.99 for a lifetime subscription. Tribe customers receive a 7-day free trial of the subscription product. If customers choose not to subscribe, they can continue to use a limited free version of Tribe. Prices are subject to change, and may vary depending on the currency of the country you reside in.

Monthly, Annual and Lifetime subscription plans may vary by country and may be subject to change. Promotional discounts may apply. Subscription month starts on the day of purchase and renews, or terminates, on the same day the following month. Subscription will auto-renew unless terminated by you prior to the auto-renewal date. Your subscription will remain active through the current subscription month upon termination. There are no refunds for early termination.

No Refunds

Unless otherwise required by law or contract, all sales are final and all charges from those sales are nonrefundable, and we will not refund any fees for products or services that you purchase. In the event we are required to issue a refund, such refund may be subject to our service providers' and distributors' terms of sale.

Intellectual Property Rights

The Software and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License Grant

Tribe XR Inc hereby grants you a personal, non-transferable, non-exclusive license to use the Software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software. You may use the Software only for lawful purposes and in accordance with this EULA.

Prohibited Uses

You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of 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 manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Software, including their ability to engage in real time activities through the Software;
• Use any automatic device, process, or means to access the Software for any purpose, including monitoring or copying any of the material on the Software;
• Use any manual process to monitor or copy any of the material on the Software, or for any other purpose not expressly authorized in this EULA, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Software;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Software, the server on which the Software is stored, or any server, computer, or database connected to the Software;
• Use the Software in any way which breaches any applicable local, national or international law;
• Otherwise attempt to interfere with the proper working of the Software; or
• Use the Software for any purpose that Tribe XR Inc considers in its sole discretion is a breach of this EULA agreement. Additionally, you agree not to use the Software:
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
• To impersonate or attempt to impersonate Tribe XR Inc, a Tribe XR Inc employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Software, or which, as determined by us, may harm us or users of the Software, or expose them to liability.

Intellectual Property and Ownership

Tribe XR Inc shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Tribe XR Inc.

Tribe XR Inc reserves the right to grant licenses to use the Software to third parties.

User Contributions

The Software may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Software.

All User Contributions must comply with the Content Standards set out in this EULA.

Any User Contribution you contribute will be considered non-confidential and non-proprietary. By providing any User Contribution on the Software, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with this EULA.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions contributed by you or any other user of the Software.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the EULA, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Software or the public, or could create liability for the Tribe XR Inc.
• Disclose your identity or other information about you 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 unauthorized use of the Software.
• Terminate or suspend your access to all or part of the Software for any or no reason, including without limitation, any violation of this EULA.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Software. YOU WAIVE AND HOLD HARMLESS TRIBE XR INC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is shared via or on the Software, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this EULA and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Policy

We respect the intellectual property of others and require that those who access and use our Software do the same. In connection with our Software, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of accounts who violate our terms or infringe on intellectual property rights, including copyrights.

Tribe is virtual reality software that allows users to play audio content and transmit the audio content to other Tribe users a multiplayer context. Tribe includes the ability for one user to transmit music to between users. In accordance with the Tribe copyright policy, you agree to follow all copyright protection laws and obtain licenses for your music. You agree that your use of the multiplayer music transmission features is for private performance use only, are for non-commercial use or are for educational use. You agree not copy or perform music beyond the extent of private use or private performance. If you use Tribe for public performance, you agree to obtain the necessary performance rights. You agree that you are responsible for the content that you transmit to another person. You agree to not perform certain tracks if you receive a takedown notice. Tribe reserves the right to block your ability to connect to other users or perform particular music. Tribe is not liable for any of the content transmitted.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Software infringes your copyright, you may request removal of those materials (or access to them) from the Software by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Software, a representative list of such works.

Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Software is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Software was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Software may be found) and that you will accept service from the person (or an agent of that person) who provided the Software with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Software was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

For more information, including the information that must be included in a DMCA takedown notice, see the text of the DMCA, 17 U.S.C. § 512.

Our Business Information:

General Prohibitions

You agree that you will not contribute any User Content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Tribe's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Tribe; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Tribe reserves the right to remove any User Content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Tribe is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Tribe, remain solely responsible for all User Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Tribe and to grant Tribe the rights to use such information in connection with the Software and as otherwise provided herein.

Links from the Software

If the Software contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Software, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Dispute Resolution

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this EULA or the use of any product or service provided by Tribe that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Tribe , and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this EULA.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Tribe should be sent to: 5410 Wilshire Blvd, Los Angeles, CA 90036. After the Notice is received, you and Tribe may attempt to resolve the claim or dispute informally. If you and Tribe do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this EULA. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or Tribe pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tribe, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with this EULA). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and this EULA. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tribe.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Tribe in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE TRIBE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Tribe XR Inc.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

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 California.

Indemnification

You agree to defend, indemnify, and hold harmless Tribe XR Inc, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this EULA or your use of the Software, including, but not limited to, your User Contributions, any use of the Software's content, services, and products other than as expressly authorized in this EULA, or your use of any information obtained from the Software.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND TRIBE XR INC (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT: (1) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SOFTWARE WILL BE ACCURATE OR RELIABLE. Except as set forth in Section 9 below, TRIBE XR INC will have no liability with respect to any injury, property damage, or death that arises from any activities in connection with your use of the Software, or any advice, information or recommendation contained thereon.

LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE TRIBE XR INC BE LIABLE FOR ANY LOSS OF PROFITS,REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE, WHETHER OR NOT TRIBE XR INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE FEES, IF ANY, PAID BY YOU TO TRIBE XR INC UNDER

THIS AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, (B) FIFTY US DOLLARS (U.S. $50), AND (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. THE FOREGOING LIMITATIONS ON LIABILITY WILL NOT APPLY TO LIABILITY OF TRIBE XR INC FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT

CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIBE XR INC AND YOU.

Waiver and Severability

No waiver by Tribe XR Inc of any term or condition set out in this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tribe XR Inc to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.

If any provision of this EULA is held by a court or other tribunal 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 this EULA will continue in full force and effect.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Software should be directed to: info@tribexr.com.