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    Legal

    End User License Agreement (EULA) — SOFIA, TOM and CHARLIE

    This End User License Agreement describes the legal agreement between you and us regarding the VR applications "SOFIA," "TOM," and "CHARLIE." Specifically, this agreement requires that any dispute between you and us must be resolved through the dispute resolution process described in Section 13 below, which includes binding arbitration and class action.

    The VR application is designed for use on a virtual reality platform. To reduce the risks of personal injury, inconvenience and/or property damage, please ensure that you read and comply with all warnings, guidelines and instructions related to the use of virtual reality platforms and related hardware, software and services, including those in Section 10 of this Agreement.

    By (a) downloading, installing or using the VR Application, or (b) clicking "Accept" or "Agree to," or taking any other action to confirm this Agreement when the option is made available to you - whichever occurs first - you agree that you have read this Agreement and agree to be legally bound by it.

    If you do not agree to this Agreement, you are not licensed or otherwise permitted to download, install or use the VR Application, and you may not download, install or use the VR Application in any way.

    General

    This End User Agreement (VR Application) (this "Agreement") describes the legal agreement between Cleaning Workx B.V. ("we," "us," or similar terms) and you with respect to the Cleaning Workx B.V. -branded VR Applications "SOFIA", "TOM", and "CHARLIE" provided or otherwise made available to you by or on behalf of us (in object code form, together with any related documentation provided, including any Updates (as defined below) to the foregoing, as made available to you by us from time to time, collectively the "VR Application"). You represent and warrant that you are of legal age to enter into a binding contract with us, have read this Agreement and agree to be legally bound by this Agreement.

    Your right to use the VR Application

    License

    Subject to the terms of this Agreement, we grant the LICENSE: a non-transferable, non-sublicensable license to use the VR Application on the hardware provided by Cleaning Workx solely for business use in accordance with this Agreement (collectively, the "Permitted Use"). The VR Application is licensed and not sold to you.

    Additional conditions and restrictions

    The license grant in Paragraph 3.2 above does not authorize you to, and you shall not (directly or indirectly): (i) use the VR Application for any purpose other than the Permitted Use; (ii) copy the VR Application; (iii) modify, adapt, alter, translate or create derivative works from the VR Application; (iv) reverse engineer, decompile, dis- assemble, decrypt or otherwise attempt to discover the source code, architecture, structure or underlying technology of the VR Application; (v) remove, delete, alter or make illegible any trademark or copyright notice, trademark, patent or other intellectual property or proprietary right from the VR Application (vi) rent, lease, lend, sublicense, distribute, transfer or otherwise provide access to the VR Application to any other company or person (including in or through a game center or VR Application service or on a network to which the VR Application may be accessed by more than one device at a time); (vii) use the VR Application for the purpose of (A) engaging in activities that violate applicable law, (B) developing a competing product, service or offering. offering.

    Ownership of the VR Application

    Except for the limited licenses expressly granted to you in Section 3 of this Agreement, nothing in this Agreement shall be construed, whether by implication, estoppel or otherwise, as conferring upon you any right, title, license or interest in the VR Application or any part of the foregoing (including any patent, copyright, trade secret or other intellectual property rights relating to the foregoing). We and/or our licensors retain exclusive ownership and title (including all patent, copyright, trade secret and other intellectual property rights) in and to the VR Application, including all titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogues, settings, artwork, sound effects and musical works.

    Support; Changes; Updates

    You may direct all requests for technical support regarding the VR Application, if and as agreed in a separate Maintenance and Support Agreement, to us at support@cleaningworkx.com. You agree that we have no obligation under this End User License Agreement to provide Support, Maintenance, Updates or to continue to provide or enable certain features, functionalities or services.

    Collection of information

    Cleaning Workx B.V. does not collect any data or information through the VR Application. We ask you to register trainees by means of an employee number, student number or student number, without reference to names of the trainees involved, so that the VR Application does not contain any personal data.

    Third-party materials

    The VR Application may display, include or make available third party content (including data, information, VR Applications and other products, services and/or offers) or contain links to third party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that we are not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not and will not have any liability or responsibility to you or any other person or entity for Third Party Materials. Third Party Materials and links thereto are provided solely for your convenience and you access and use them entirely at your own risk and subject to the terms and conditions of such third parties.

    Term and termination.

    Term

    The term of this Agreement commences upon your acceptance of this Agreement and shall remain in effect until terminated in accordance with paragraph "Termination."

    Termination

    This Agreement will automatically terminate if you violate any of the terms in this Agreement. This Agreement may be terminated by us immediately upon notice, in the event of our decision to no longer support the VR Application.

    Consequences of termination

    Upon termination of this Agreement, all rights granted to you under this Agreement (including the license granted to you under Section 3) shall automatically terminate and you shall promptly uninstall, delete and no longer use the VR Application. Cleaning Workx undertakes to retain student reporting and monitoring data for 14 days after termination of the Agreement in order to allow you to download and self-archive such data. We are not obligated to store or make available any information created or associated with the VR Application after the 14-day period following termination of the agreement

    Notwithstanding anything else in this Agreement, termination of this Agreement shall not affect your obligations or our rights under this Agreement, all of which shall survive termination of this Agreement.

    Compliance with laws

    You agree to comply with all applicable laws (including regulations) regarding your access to and use of the VR Application and other performance of this Agreement. Without limiting the foregoing, you agree that the VR Application and other technical data provided to you under this Agreement may be subject to the import/export control laws of the Netherlands and other countries, and that you will comply with all such applicable laws.

    Indemnification; Health and safety warnings

    YOU ACKNOWLEDGE AND AGREE THAT THE VR APPLICATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE VR APPLICATION, AND ANY OTHER PRODUCTS, SERVICES, OFFERS, INFORMATION OR ITEMS PROVIDED TO YOU OR TO BE PROVIDED, TO YOU PURSUANT TO THIS AGREEMENT OR BY OR THROUGH THE USE OF THE VR APPLICATION (COLLECTIVELY, THE "OFFERS"), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES WHICH MAY ARISE FROM THE USE OF TRADE OR CUSTOM. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES WITH RESPECT TO (I) THE OFFERING (INCLUDING USE OF OR RESULTS FROM THE OFFERING) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY, COMPLIANCE WITH APPLICABLE LAWS OR OTHERWISE, OR (II) WHETHER THE OPERATION OF THE OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES. YOUR USE OF THE OFFERING IS AT YOUR OWN RISK.

    HEALTH AND SAFETY WARNINGS. YOU UNDERSTAND AND AGREE THAT THE VR APPLICATION IS DESIGNED FOR USE ON A VIRTUAL REALITY PLATFORM AND THAT THERE ARE INHERENT RISKS OF PERSONAL INJURY, DISCOMFORT AND/OR PROPERTY DAMAGE ASSOCIATED WITH VIRTUALTY REALITY PLATFORMS AND THE VR APPLICATION. TO MITIGATE THESE RISKS, IT IS IMPORTANT THAT YOU READ, REVIEW AND FOLLOW ALL HEALTH AND SAFETY WARNINGS, GUIDELINES AND/OR INSTRUCTIONS RELATED TO THE VIRTUAL REALITY PLATFORM (INCLUDING ALL RELATED HARDWARE, SOFTWARE AND SERVICES) YOU ARE USING.

    A COMFORTABLE VIRTUAL REALITY EXPERIENCE REQUIRES AN UNOBSTRUCTED SENSE OF MOVEMENT AND BALANCE. DO NOT USE THE VR APPLICATION IF YOU: ARE TIRED; NEED SLEEP; ARE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; HAVE A HANGOVER; HAVE DIGESTIVE PROBLEMS; ARE UNDER EMOTIONAL STRESS OR ANXIETY; ARE SUFFERING FROM COLD, FLU, HEADACHE, MIGRAINE OR EARACHE (AS THIS MAY INCREASE YOUR SUSCEPTIBILITY TO ADVERSE SYMPTOMS). IN PARTICULAR, IT IS RECOMMENDED THAT YOU CONSULT A PHYSICIAN BEFORE USING THE VR APPLICATION IF YOU ARE: PREGNANT; ELDERLY; HAVE PRE-EXISTING BINOCULAR VISION ABNORMALITIES OR PSYCHIATRIC DISORDERS; OR SUFFER FROM HEART DISEASE OR OTHER SERIOUS MEDICAL CONDITION.

    SOME PEOPLE MAY EXPERIENCE SEVERE DIZZINESS, SEIZURES, EYE OR MUSCLE TWITCHING OR BLACKOUTS DUE TO FLASHES OR PATTERNS OF LIGHT, AND THIS MAY OCCUR WHILE WATCHING TV, PLAYING VR APPLICATIONS OR EXPERIENCING VIRTUAL REALITY - EVEN IF THEY HAVE NEVER HAD A SEIZURE OR BLACKOUT OR HAVE NO HISTORY OF SEIZURES OR EPILEPSY. SUCH SEIZURES ARE MORE COMMON IN CHILDREN AND ADOLESCENTS UNDER THE AGE OF 20. ANYONE EXPERIENCING ANY OF THESE SYMPTOMS SHOULD DISCONTINUE USE OF THE VR APPLICATION AND CONSULT A PHYSICIAN. ANYONE WHO HAS PREVIOUSLY EXPERIENCED A SEIZURE, LOSS OF CONSCIOUSNESS OR ANY OTHER SYMPTOM RELATED TO EPILEPSY SHOULD CONSULT A PHYSICIAN BEFORE USING THE VR APPLICATION. BY USING THE VR APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE WARNINGS, GUIDELINES AND INSTRUCTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE VR APPLICATION AND ACCEPT ALL RISKS ASSOCIATED WITH YOUR USE OF THE VR APPLICATION AND RELATED ACTIVITIES.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE LIMITATION OF A CONSUMER'S APPLICABLE LEGAL RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    IN NO EVENT SHALL WE (INCLUDING, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES AND LICENSORS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF DATA, OR LOSS OF TIME OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR TOTAL MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL PRICE YOU PAID TO PURCHASE THE VR APPLICATION. NO ACTION, SUIT OR PROCEEDING MAY BE BROUGHT AGAINST US MORE THAN ONE YEAR AFTER THE DATE THE CLAIM FIRST AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

    Indemnification

    You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any and all claims, liabilities damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your breach of any provision of this Agreement or (b) your download, installation or use of the VR Application, including the results of your use thereof.

    Applicable law; jurisdiction

    Dutch law applies to this agreement.

    Severability

    If an arbitrator or court of competent jurisdiction finds that any provision of this Agreement is unenforceable, that provision of the Agreement shall be enforced to the extent permissible to effect the intent of the parties, and the remainder of this Agreement shall remain in full force and effect.

    Notifications

    Except as otherwise provided in the Agreement, any notice required or permitted to be given to a party under this Agreement shall be given (a) in the case of notice to us, by mail to Cleaning Workx B.V., Attn. of Management - Heraclesstraat 6, 5048 CG Tilburg, The Netherlands and (b) in the case of notice to you, by mail or e-mail, in each case to the address set forth in our records.

    Transfer

    You may not assign or otherwise transfer this Agreement, or any of your rights or obligations hereunder, without our prior written consent. Any attempt to assign or transfer this Agreement or any of your rights or obligations hereunder in violation of the preceding sentence shall be null and void. We may freely assign or otherwise transfer this Agreement or any of our rights or obligations hereunder without notice to or consent from you. Subject to the foregoing, this Agreement shall be binding upon the parties hereto and their respective successors and assigns. Any instance in this Agreement of the words "include", "encompasses" and "including" shall be deemed to be followed by the words "without limitation". As used in this Agreement, the term "days" means calendar days, not business days, unless otherwise specified. All headings or subheadings in this Agreement are for reference only and shall not be construed to affect the meaning or interpretation of this Agreement.

    Force majeure

    We will not be liable for any failure or delay in performance due to any event beyond our reasonable control, including due to fire, flood, action or decree of civil or military authorities, insurrection, act of war, terrorism, service attacks, labor disputes or shortages, material shortages, power outages, Internet connection failure, supplier failure or embargo.

    Waiver; amendments.

    No waiver of any provision of this Agreement shall be effective against us unless made in writing and signed by an officer of our company. We have the right to modify, amend or amend this Agreement, in whole or in part, at any time upon written notice to you, which notice may be given by posting the amendment on the page of our website with the then-current version of this End User License Agreement (or successor terms) and/or by sending you an email or other electronic notification that an amendment has occurred. Your continued use of the VR Application following the posting of such amendment shall constitute your acceptance of the amended End User License Agreement.

    Trademarks

    Cleaning Workx™, Logistic Workx™, SOFIA™, TOM™, CHARLIE™ and the Cleaning Workx, Logistic Workx and/or SOFIA/TOM/CHARLIE logo are our trademarks or registered trademarks. You may not use these marks or any of our other trademarks without our prior written permission Other third-party names, logos, product and service names, designs and slogans are the trademarks of their respective owners. The display of third party names, logos, product or service names, designs or slogans on, through or in connection with the VR Application does not necessarily indicate any endorsement by or affiliation with us.

    Entire Agreement

    This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior representations, warranties, understandings or agreements (written or oral) between you and us with respect to the subject matter hereof.