This SpaceHub Conference License Agreement (the “SpaceHub Agreement”) applies to Exit Games, Inc.’s, having its principal place of business at 111 SW 5th Ave. STE 3150, Portland, OR 97204, USA (“Exit Games” or “we”) software tool kit “SpaceHub Conference” for virtual conferences, stages and expos for the non-gaming industry (each software tool “SpaceHub Conference”). Anyone licensing, accessing, testing or otherwise using SpaceHub Conference or any part thereof is subject to this SpaceHub Agreement.

Please read this SpaceHub Agreement carefully before licensing, accessing, testing or otherwise using SpaceHub Conference.

By completing the online registration form on https://spacehub.world and clicking the “register” box, accessing, testing or otherwise using SpaceHub Conference, or otherwise agreeing in writing to the terms and conditions set forth herein, you agree that you have read, understand and agree to be bound by the terms and conditions of this SpaceHub Agreement and you represent that you have authority to bind your company and/or entity(ies) (collectively the “Customer” or “you”).

Exit Games may revise and update this SpaceHub Agreement at any time without notice by posting the amended terms to https://spacehub.world/terms. Your continued use of the SpaceHub Conference means that you accept and agree to the revised terms.

1. SpaceHub Account and Access to SpaceHub Conference
• 1.1 Customer needs to create an account on https://spacehub.world in order to access SpaceHub Conference (the “SpaceHub Account”). Upon successful creation of the SpaceHub Account, Customer can access and download executable files of SpaceHub Conference free of charge.
• 1.2 Notwithstanding the foregoing, Exit Games reserves the right to discontinue providing or making available SpaceHub Conference at any time and for any reason.
2. License Grants and Restrictions
• 2.1 Exit Games grants to Customer a revocable, non-perpetual, non-exclusive, limited and worldwide right and license to use SpaceHub Conference. This right and license includes but is also limited to the right to access, download and execute SpaceHub Conference. This right and license is not transferable or assignable and Customer may not grant any sublicenses. As between the parties, Exit Games will retain all ownership rights in and to SpaceHub Conference and/or any derivative works thereof that are provided by Exit Games, and all intellectual property rights incorporated into or related to the foregoing. All rights not expressly licensed by Exit Games under this SpaceHub Agreement are reserved.
• 2.2 Providing any suggestions, enhancement requests, recommendations, corrections or other feedback on SpaceHub Conference (collectively, “Feedback”) is strictly voluntary. If Customer provides any Feedback to Exit Games, orally, via email or in writing, Customer hereby grants to Exit Games a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use and incorporate any Feedback into SpaceHub Conference, its source code and/or any other Photon product.
• 2.3 If not agreed otherwise between the parties, Customer agrees to not (a) reverse engineer, decompile or disassemble SpaceHub Conference, (b) distribute, transfer, grant sublicenses to, or otherwise make available or grant access to SpaceHub Conference to third parties, (c) embed or incorporate SpaceHub Conference in any manner in any of Customer’s or any third-party software, (d) create copies (for backup purposes), modifications to or derivative works of SpaceHub Conference, (e) attempt, or permit any third party to attempt, to modify, alter, or circumvent the license control and protection mechanisms within SpaceHub Conference, (f) use or transmit SpaceHub Conference in violation of any applicable law, rule or regulation, including any export/import laws, (g) remove, obscure or alter any copyright notices or any name, trademark, service mark, tagline, hyperlink or other designation of Exit Games displayed on any display screen within SpaceHub Conference (“Exit Games Marks”), (h) commercially exploit SpaceHub Conference, in particular in a way that competes with Exit Games business, and/or (i) use SpaceHub Conference for commercial purposes.
• 2.4 Customer acknowledges and agrees that Customer’s use of SpaceHub Conference might be subject to additional restrictions. Exit Games will make available such restrictions in the download section of Customer’s SpaceHub Account, for example by providing a .txt file that sets out the applicable restrictions.
3. WARRANTY DISCLAIMER
• SPACEHUB CONFERENCE IS PROVIDED “AS IS” AND EXIT GAMES EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY CONDITIONS OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY AND THOSE THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. EXIT GAMES DOES NOT WARRANT THAT CUSTOMER’S ACCESS TO OR USE OF SPACEHUB CONFERENCE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER SHALL NOT HAVE ANY WARRANTY CLAIMS AGAINST EXIT GAMES WITH RESPECT TO SPACEHUB CONFERENCE.
4. LIMITATIONS OF LIABILITY
• TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXIT GAMES BE LIABLE TO CUSTOMER, ANY END USERS OR TO ANY THIRD PARTY IN CONNECTION WITH THIS SPACEHUB AGREEMENT, INCLUDING SPACEHUB CONFERENCE AND INTELLECTUAL PROPERTY PROVIDED HEREUNDER, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING ANY DAMAGE TO BUSINESS REPUTATION, LOST PROFITS OR LOST DATA), WHETHER FORESEEABLE OR NOT AND WHETHER EXIT GAMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT.
5. Confidentiality
• SpaceHub Conference and all trade secret information incorporated in SpaceHub Conference or derived, directly or indirectly, therefrom are confidential information of Exit Games. Customer shall keep in confidence and trust and not disclose or disseminate, or permit any employee, agent or other party working under Customer’s direction to disclose or disseminate, the substance of any such confidential information of Exit Games. The commitments in this SpaceHub Agreement will not impose any obligations on Customer with respect to any portion of the received information which, as evidenced by independent documentation: (a) is now generally known or available or which hereafter, through no act or failure to act on Customer’s part, becomes generally known or available; or (b) is rightfully known to Customer at the time of receiving such information. Customer acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure or use of Exit Games’ confidential information and that Exit Games may seek, without waiving any other rights or remedies, such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
6. Term and Termination
• 6.1 The term of this SpaceHub Agreement shall commence upon registration of Customer’s SpaceHub Account and shall continue in effect until terminated as set forth herein.
• 6.2 Each party may terminate this SpaceHub Agreement anytime.
• 6.3 Upon any termination of this SpaceHub Agreement, (i) all rights and licenses of Customer hereunder shall immediately cease; (ii) Exit Games will block Customer’s access to SpaceHub Conference and (iii) Customer shall delete any copies of SpaceHub Conference.
7. Miscellaneous
• 7.1 The parties are independent contractors with respect to each other, and nothing in this SpaceHub Agreement shall be construed as creating an employer-employee relationship, a partnership, agency relationship or a joint venture between the parties.
• 7.2 The terms of this SpaceHub Agreement shall be binding on the parties, and all successors to the foregoing. Customer shall not assign, transfer, or delegate its rights or obligations under this SpaceHub Agreement (in whole or in part) without Exit Games’ prior written consent.
• 7.3 General or standard terms or similar documents submitted by Customer to Exit Games or generally used by Customer will have no effect and are hereby rejected.
• 7.4 Any dispute arising out of or in connection with this SpaceHub Agreement shall be construed in accordance with and governed by the laws of New York without regard to New York conflict of law rules. The courts of New York shall have exclusive jurisdiction for any dispute, action or proceeding arising hereunder. Each party waives any objection (on the grounds of lack of jurisdiction, forum non-conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or enforcement of this SpaceHub Agreement.
• 7.5 In the event that any provision of this SpaceHub Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this SpaceHub Agreement shall remain in full force and effect.