Pro Fishing Challenge VR Privacy Policy


End User Agreement
This End User License Agreement (“Agreement”) governs your download and installation of,
and access to and use of, the virtual reality application (the “Licensed Application”) that is
provided by Opus Studio, Inc. (“Opus Studio”). This Agreement is a binding agreement
between you and Opus Studio, and not with Oculus VR, LLC. Opus Studio, not Oculus VR,
LLC, is solely responsible for the Licensed Application and the content thereof. As between
you and Opus Studio, this Agreement supersedes all end user license terms in any Oculus
Terms of Service or terms of use.

1. Ownership of the Licensed Application. The Licensed Application is the valuable property
of Opus Studio and is protected by copyright and other intellectual property laws and treaties.
Opus Studio, own all right, title and interest in and to the Licensed Application, including all
copyright and other intellectual property rights therein. Opus Studio reserves all rights not
expressly granted to you.

2. Scope of License to the Licensed Application. The Licensed Application is licensed, not
sold, to you. Subject to the terms and conditions of this Agreement, Opus Studio grants you
a limited, non-exclusive, non-transferable license to download, install and use the Licensed
Application on the Oculus Rift (the “Device”) that you own or control and as permitted in the
Terms of Service provided by Oculus VR, LLC (the “Usage Rules”). The terms of this license
will govern any upgrades provided by Opus Studio that replace or supplement the original
License Application, unless an upgrade is accompanied by a separate license in which case the
terms of that separate license will govern.

3. License Restrictions. The license granted to you in Section 2 does not allow you to do any
of the following: (a) use the Licensed Application on any Device you do not own or control;
(b) distribute, copy, license, rent, sell, publish, lease or otherwise transfer the Licensed
Application (except as expressly permitted by this Agreement or the Usage Rules) or any
proprietary materials of Opus Studio to any third party; (c) reverse engineer, decompile,
disassemble or attempt to discover any source code or trade secrets related to the Licensed
Application or any proprietary materials of Opus Studio; (d) modify, alter or create any
derivative works of the Licensed Application or based on any proprietary materials of Opus
Studio; (e) remove, alter, or obscure any copyright, trademark or other proprietary rights
notice on or in the Licensed Application; (f) work around any technical limitations in the
Licensed Application; or (g) use the Licensed Application for purposes for which it was not
designed. Unless explicitly stated herein or otherwise by Opus Studio, nothing in this
Agreement shall be construed as conferring any right or license to intellectual property rights,
whether by estoppel, implication or otherwise. If you breach any of these restrictions, you may
be subject to prosecution and damages.

4. Support Services. Opus Studio will provide support for the Licensed Application. Support
is available at http://www.opus.co.jp. Other than billing inquiries, Oculus VR, LLC has no
obligation whatsoever to furnish any support or maintenance services with respect to the
Licensed Application.

5. Product Claims. Other than billing inquiries, Opus Studio, not Oculus VR, LLC, is
responsible for addressing any questions, comments or claims relating to the Licensed
Application or your possession and use of the Licensed Application, including but not limited
to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to
the applicable legal or regulatory requirement; or (c) claims arising under consumer
protection or similar legislation. If you have any questions or comments, please contact Opus
Studio at:
Opus Studio, Inc.
Daisan Tamaya Bldg. 5F
2-15-26 Shinjuku, Shinjuku-ku, Tokyo
160-0022
JAPAN

6. Consent to Collect and Use of Data; Privacy Policy. You agree that Opus Studio may collect
and use information about you, including but not limited to information about your use of the
Licensed Application, Device, system and application software, and peripherals, that is
gathered in connection with your use of the Licensed Application. For more information
about how Opus Studio collects, uses and shares information about you, please refer to Opus
Studio’s Privacy Policy

7. Services; Additional Terms. The Licensed Application may enable access to services and
websites provided by Opus Studio and third parties (collectively and individually, the
“Services”). Your use of the Services may require your acceptance of, and compliance with,
additional terms provided by Opus Studio or such third parties (collectively, “Additional
Terms”).

8. No Warranty. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE LICENSED
APPLICATION AND SERVICES MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B)
USE OF THE LICENSED APPLICATION AND SERVICES IS AT YOUR SOLE RISK;
AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE LICENSED
APPLICATION AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL
FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. OPUS
STUDIO DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY
LAW OR OTHERWISE) REGARDING THE LICENSED APPLICATION AND SERVICES
AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
NON-INFRINGEMENT. OPUS STUDIO SHALL HAVE NO LIABILITY OF ANY KIND
FOR THE USE OF, OR INABILITY TO USE, THE LICENSED APPLICATION,
SERVICES OR ANY SERVICE THAT THE LICENSED APPLICATION IS INTENDED
TO ACCESS OR FOR ANY LOSS OF DATA. OPUS STUDIO DOES NOT REPRESENT
OR WARRANT THAT THE LICENSED APPLICATION OR SERVICES WILL BE
DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS
(“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OPUS
STUDIO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
IN THE EVENT THAT THE LICENSED APPLICATION OR SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
OCULUS VR, LLC HAS NO WARRANTY OBLIGATION WHATSOEVER WITH
RESPECT TO THE LICENSED APPLICATION OR SERVICES AND ANY OTHER
CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE
TO ANY FAILURE OF THE LICENSED APPLICATION.

9. Indemnification. To the fullest extent permitted by applicable law, you agree to defend,
indemnify, and hold harmless Opus Studio, its affiliates, independent contractors and service
providers, and each of their respective members, shareholders, directors, offices, employees
and agents (“Representatives”) from and against all claims, damages, costs, liabilities and
expenses (including but not limited to reasonable attorneys’ fees) arising out of or related to
your download or installation of and access to, or inability to download, install or access, the
Licensed Application or the Services. In the event of any claim that the Licensed Application,
or your possession or use thereof, or Services infringe any intellectual property rights of a
third party, you agree to contact Opus Studio directly, and Oculus VR, LLC will not be
responsible for the investigation, defense, settlement and discharge of any such intellectual
property infringement claim. Opus Studio will, at its option and expense, terminate the license
granted herein, settle or defend the claim.

10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW: (A) OPUS STUDIO AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY
(WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE)
FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD OR
INSTALLATION OF, OR ACCESS TO, THE LICENSED APPLICATION OR SERVICES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF
OPUS STUDIO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT
DAMAGES FOR THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the
forgoing disclaimer may, in whole or in part, not apply to you.

11. No Export. The Licensed Application is subject to all applicable export restrictions. You
must comply with all export and import laws and restrictions and regulations of any Japanese,
United States or foreign agency or authority relating to the Licensed Application and its use.
The Licensed Application may not be re-exported, downloaded or otherwise exported to, or
downloaded or installed by, a national or resident of any country to which Japan or the United
States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You
represent and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.

12. Third-Party Beneficiaries. Oculus VR, LLC is a third-party beneficiaries of this
Agreement. Upon your acceptance of this Agreement, Oculus VR, LLC will have the right
(and will be deemed to have accepted the right) to enforce this Agreement against you as a
third-party beneficiary thereof.

13. Termination. Any use of the Licensed Application or Services other than as specifically
authorized under this Agreement or the Additional Terms, without the prior written
permission of Opus Studio, is strictly prohibited and will immediately terminate the license
granted herein. Such unauthorized use may also violate applicable laws, including without
limitation copyright and trademark laws and applicable communications regulations and
statutes. You may terminate this Agreement at any time by (a) ceasing use of the Licensed
Application and Services and (b) deleting all copies of the Licensed Application in your
possession or control. Opus Studio reserves the right to terminate this Agreement at any time,
for any or no reason. In the event of termination, the license granted to you herein will
automatically terminate and you must immediately cease all use of the Licensed Application
and Services and destroy all copies of the Licensed Application within your possession or
control.

14. Survival. Sections 1, 3, 5, 6, 8-12, 13 (last sentence only) and 14-19 of this Agreement
shall survive any termination of this Agreement.

15. Modifications. Opus Studio reserves the right to modify or discontinue, temporarily or
permanently, the Licensed Application or Services (or any features or portions thereof)
without prior notice. You agree that Opus Studio will not be liable for any modification,
suspension or discontinuance of the Licensed Application or Services (or any part thereof).
Opus Studio also may impose limits on the use of or access to certain Services, in any case and
without notice or liability.

16. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES
YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH OPUS STUDIO AND
LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

16.1. Binding Arbitration. Except for disputes in which either party seeks to bring an
individual action in small claims court or seeks injunctive or other equitable relief for the
alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents,
you and Opus Studio: (a) waive your right to have any and all disputes or Claims arising from
this Agreement or the Services (collectively, “Disputes”) resolved in a court; and (b) waive
your right to a jury trial. Instead, you and Opus Studio will arbitrate Disputes through binding
arbitration (which is the referral of a Dispute to one or more persons charged with reviewing
the Dispute and making a final and binding determination to resolve it instead of having the
Dispute decided by a judge or jury in court).

16.2. No Class Arbitrations, Class Actions or Representative Actions. YOU AND OPUS
STUDIO AGREE THAT ANY DISPUTE IS PERSONAL TO YOU AND OPUS STUDIO
AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL
ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS
ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. NEITHER
PARTY AGREES TO CLASS ARBITRATION OR TO AN ARBITRATION IN WHICH AN
INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF
ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND OPUS
STUDIO AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER
TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF
ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF
INDIVIDUALS.

16.3. Process. You and Opus Studio agree that you will notify each other in writing of
any Dispute within thirty (30) days of when it arises so that we can attempt in good faith to
resolve the Dispute informally. Notice to Opus Studio shall be sent by certified mail or courier
to: Opus Studio, Inc. Daisan Tamaya Bldg. 5F 2-15-26 Shinjuku, Shinjuku-ku, Tokyo 160-
0022 JAPAN.
Your notice must include: (a) your name, postal address and the email address you use for
your Opus Studio account; (b) a description of the nature or basis of the Dispute; and (c) the
specific relief that you are seeking. If you and Opus Studio cannot agree how to resolve the
Dispute within thirty (30) days after Opus Studio receives your notice, either you or Opus
Studio may, as appropriate pursuant to this Section 16, commence an arbitration proceeding
or file a claim in court. You and Opus Studio agree that any arbitration or claim must be
commenced or filed within one (1) year after the Dispute arose; otherwise, you and Opus
Studio agree that the claim is permanently barred (which means that you will no longer have
the right to assert a claim regarding the Dispute). You and Opus Studio agree that (i) any
arbitration will occur in Tokyo, Japan;(ii) arbitration will be conducted confidentially by a
single arbitrator in accordance with the rules of JAMS; and (iii) that the courts in Tokyo Japan
have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and
over any Dispute between the parties that is not subject to arbitration.

16.4. Authority of Arbitrator. As limited by this Agreement and applicable JAMS rules,
the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and
substantive decisions regarding a Dispute, and (b) the authority to grant any remedy that
would otherwise be available in court. The arbitrator may conduct only an individual
arbitration and may not consolidate more than one individual’s claims, preside over any type
of class or representative proceeding or preside over any proceeding involving more than one
individual.

16.5. Rules of JAMS. The rules of, and additional information about, JAMS are
available on the JAMS website at http://www.jamsadr.com, as may be updated from time to
time. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that
you have read and understand the rules of JAMS or (b) waive your opportunity to read the
rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any
reason.

16.6. Severability. If any provision of this Section 18 is held invalid or unenforceable,
it will be so held to the minimum extent required by law and all other provisions will remain
valid and enforceable. Further, the waivers set forth in Section 18.2 are severable from the
other provisions of this Agreement and will remain valid and enforceable except as prohibited
by applicable law.

17. Governing Law and Venue. Except as otherwise provided in this License Agreement, this
License Agreement shall be governed by, and will be construed under, the laws of Japan,
without regard to conflict of law principles. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply
if you choose to access the Game from outside of Ireland. In such an event, those local laws
shall affect this License Agreement only to the extent necessary in that jurisdiction, and this
License Agreement shall be interpreted to give maximum effect to the terms and conditions
in this License Agreement. You are responsible for compliance with all local laws if and to
the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the
“Act”) may apply to the Game if you access the Game from, and are a resident of, New
Zealand. Notwithstanding anything to the contrary in this License Agreement, if the Act
applies then you may have other rights or remedies as set out in the Act which may apply in
addition to or instead of those set out in this License Agreement. If you access the Game
from, and are a resident of, the European Community and you are a consumer, you may have
other or additional mandatory rights or remedies by law as set out in this License Agreement.

20. Miscellaneous. If any provision of this Agreement is found to be invalid or unenforceable,
such provision will be deemed to be restated to reflect the original intention of the parties to
the maximum extent possible and in accordance with applicable law, and the remaining
provisions, terms, covenants, and restrictions of this Agreement will remain in full force and
effect. You may not assign this Agreement or any of your rights under this Agreement without
the prior written consent of Opus Studio, and any attempted assignment without such consent
shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon,
inure to the benefit of, and be enforceable by Opus Studio and our respective successors and
assigns. Any failure by Opus Studio to insist upon or enforce performance by you of any of
the provisions of this Agreement or to exercise any rights or remedies under this Agreement
or otherwise by law will not be construed as a waiver or relinquishment of any right to assert
or rely upon the provision, right or remedy in that or any other instance; rather, the provision,
right or remedy will be and shall remain in full force and effect.

21. Developer Name and Address. If you have any questions, complaints or claims with
respect to the Licensed Application, please contact us at:
Opus Studio, Inc.
Daisan Tamaya Bldg. 5F
2-15-26 Shinjuku, Shinjuku-ku, Tokyo
160-0022
JAPAN