END USER LICENSE AGREEMENT

Version 0.2

Last Update: 2023-01-04

This End User License Agreement (“EULA”) governs your use of software for the “Leapnverse” virtual space, which is hereby defined to mean the following, wherever applicable: Leapnverse web browser virtual world environment; Leapnverse downloadable client for desktop, mobile phones, or game consoles; Leapnverse server software; Leapnverse world builder; Leapnverse text and/or voice chat software; Leapnverse video conferencing software, Leapnverse recording and playback software; and all assets described under “Leapnverse Asset” below (“Leapnverse Software”).

This EULA is an agreement between you and LeapN LLC, a company formed in Delaware, USA (“LeapN”), and regulates your use of Leapnverse Software. If you download, install, and/or use Leapnverse Software, you agree to the terms of this EULA.

This EULA agreement applies to metaverses, games, galleries, and other virtual spaces created using Leapnverse Software. If you create such a metaverse, game, gallery, or virtual space using Leapnverse Software, you agree that you are bound by this EULA and your users will also be bound by this EULA and it is your obligation to inform your users of the applicability of this EULA. (Unless otherwise offered by LeapN as part of a white label service to you.)

Additionally, this EULA incorporates the following by reference: LeapN’s Privacy Policy (available at https://leapn.life/privacy) and LeapN’s Terms and Conditions (available at https://leapn.life/terms).

IMPORTANT NOTICE

Leapnverse Software is only available to those aged 18 and above. If you are below the age of 18, you must not use Leapnverse Software.

You must read through this EULA in its entirety before installing and/or using the Leapnverse Software.

Paid features of Leapnverse Software are available for users in countries which have a double taxation treaty with the USA, or with countries in which LeapN has a corporate presence. If you are located in a country that does not have a double taxation treaty with the USA, your access to paid features may be limited or restricted, and in such case, you must not use the paid features of Leapnverse Software.

LICENSE

Subject to these terms, LeapN gives you a non-exclusive, worldwide, non-transferrable, and revocable license to access, download, install, and run the Leapnverse Software on your computer, mobile phone, or game console which it was designed to run on. This license does not grant you any intellectual property rights or ownership rights to the Leapnverse Software.

LeapN does not endorse the installation and use of Leapnverse Software within virtual environments or emulators and you do so at your own risk.

Leapnverse Software is required for you to access the Leapnverse platform through computers, mobile phones and game consoles.

UPDATES AND UPGRADES

LeapN will make updates and upgrades to the Leapnverse Software from time to time, whether by an update within the Leapnverse Software or by a software download (patch). It is your duty to download and apply the updates and/or upgrades to your installation of the Leapnverse Software on your device. LeapN is not obliged to provide continuous updates or upgrades and you understand that the functionality of Leapnverse Software may be interrupted, disrupted or impaired due to the non-application or application of such updates or upgrades.

If you apply any unauthorized patches to your installation of Leapnverse Software, you do so at your own risk.

LEAPNVERSE ASSETS

All assets created by Leapnverse or its contractors and/or made available by LeapN to users of Leapnverse, including software in whatever form, browser extensions, game plugins, 3D models, 3D avatars, artwork, music, custom worlds, filters, dashboards, custom in-world recordings, (“Leapnverse Assets”) are considered the property of LeapN and may not be distributed outside the Leapnverse platform without the express written permission of LeapN. Users of Leapnverse may use Leapnverse Assets within the Leapnverse platform subject to the terms of the sale of Leapnverse Assets and their specific license. You are not allowed to export Leapnverse Assets for use outside of the Leapnverse Software without the express written permission of LeapN. You may not resell or redistribute Leapnverse Assets to other Leapnverse users unless you have permission from LeapN.

Leapnverse Assets do not include (1) custom assets made available to Leapnverse users by individual creators who own the intellectual property rights of such custom assets, and (2) custom assets created for Leapnverse users by external designers. When you download, purchase, or use such assets, you will be bound by the specific terms of sale and/or license attached to the assets.

Creators of custom metaverses, custom games, 3D assets, custom avatars, and similar assets or customizations, own the intellectual property in their respective creations.

INTELLECTUAL PROPERTY RIGHTS

LeapN owns all intellectual property rights in the Leapnverse Software and the Leapnverse Assets (defined below). You are not permitted to hack, reverse engineer or disassemble Leapnverse Software without the express written permission of LeapN. You agree not to install and use any third party software which manipulates the normal functioning of Leapnverse Software.

You agree not to import any assets or software into the Leapnverse environment which violate the intellectual property rights of any third parties.

You may not redistribute any software, libraries, or assets of third parties which have been licensed to LeapN and which are distributed as part of the Leapnverse Software e.g. through downloads.

LeapN reserves the right to work with individual creators to issue customized versions of Leapnverse Software (e.g. for a custom game loader client), which would be subject to this EULA.

LeapN uses software libraries and other software assets from third parties, and distributes these software libraries with its game client. You do not have the right to redistribute these software libraries and other software assets separately from the Leapnverse game client. You do not have the right to provide a mirror download of the Leapnverse game client unless authorized by LeapN in writing.

“Leapnverse Software uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2023, Epic Games, Inc. All rights reserved.”

This EULA is to be read together with our Standalone Disclaimers and Limitation of Liability Notice, which can be accessed at https://leapn.life/disclaimer-and-notice

ETHEREUM WALLET

You may be required to connect to your cryptocurrency wallet (such as Metamask or a hardware wallet) in order to access certain virtual spaces and features built on the Leapnverse platform.

You are solely responsible for ensuring that you are connecting to the correct website. You are solely responsible for the safety of your own Ethereum wallet.

LeapN will not be responsible for any security breach if you use unauthorized versions of Leapnverse Software or if your computer has been compromised.

Certain features within the Leapnverse platform are available only to holders of LeapN’s NFTs (non-fungible tokens) and may be unlocked only after you have connected with your cryptocurrency wallet.

IN-GAME PURCHASES OR SUBSCRIPTIONS

Leapnverse Software is made available for free to users. LeapN offers items and/or services for users of the Leapnverse platform, as in-game purchases or subscriptions. The sale and purchase of in-game items and/or subscriptions may be paid for by credit card, debit card, and/or cryptocurrencies.

Your in-game purchases may not be transferred to other users of the Leapnverse platform without the express written permission of LeapN. Services and items purchased by you are non-transferrable to third parties without the express permission of LeapN. In the case of NFTs which add functionality to your experience of the Leapnverse platform, you are permitted to transfer the said NFTs to third parties.

SELLING OF IN-GAME ITEMS OR SERVICES

You may apply to sell in-game items and/or services within the Leapnverse platform, as an approved item creator or service provider. However, selling items which infringe on third party rights may lead to a termination of your license and cause your account to be blocked or suspended.

Sales of in-game items or services within the Leapnverse platform may be suspended or stopped at any time according to the sole discretion of LeapN.

Payments for in-game items or services may be processed by a payment processor appointed by LeapN. LeapN reserves the right to charge processing fees and/or administration fees for processing sales of your items and/or services.

You will be solely responsible to bear all income tax for any revenue earned by you from the Leapnverse platform in-game purchases and/or subscriptions.

CHARGES

Leapnverse platform is built upon the Ethereum blockchain and certain transactions require payment on the Ethereum blockchain, whether using ETH (Ethereum) or other mode of payments as may be decided by LeapN. In making a blockchain transaction, you agree to bear the network fees (i.e. the gas) which fluctuates according to blockchain activity as well as the market price of Ethereum.

COMPLAINTS

LeapN takes complaints from users of its Leapnverse Software seriously. If a complaint is raised against you by other users, LeapN reserves the right to suspend or block your account or otherwise suspend your account privileges until the complaint has been investigated.

LeapN reserves the right to freeze, suspend, or block your Ethereum-based account if it contains an NFT which has been the subject matter of a complaint of suspicious dealing e.g. stolen NFT.

RESPONSIBLE BEHAVIOR POLICY

You agree to behave responsibly at all times during your use of the Leapnverse Software, and to abide by LeapN’s responsible behavior policy for Leapnverse users, as follows:

Your failure to abide by the above responsible behavior policy shall be treated seriously and may be relied upon by LeapN in suspending your privileges, whether partially or fully.

UNREAL ENGINE

Leapnverse Software is built on the Unreal Engine game engine created by Epic Games. By using Leapnverse Software, you hereby agree that you will not hold Epic Games nor LeapN responsible for any shortcomings, faults, losses, representations, warranties, conditions and liabilities related to Leapnverse Software. Leapnverse Software is alpha software and is prone to error or failure, and LeapN makes no warranty as to the quality and fitness of Leapnverse Software for any purpose.

AML/KYC

You agree to comply with any AML/KYC procedures set up by LeapN to comply with legal regulations and government policies. In other words, you may be required to submit evidence of your identity, and allow the app to capture an image or a video of you using a camera attached to your device.

THIRD PARTY DATA PROCESSORS

LeapN works with third party services which integrate into the Leapnverse platform to provide an aggregated and integrated platform and experience. Data from your activities, including data submitted for KYC/AML purposes, may be submitted to the relevant service providers. By using Leapnverse Software, you give your consent for such data to be transmitted to the said service providers in connection with your use of the Leapnverse platform. These service providers may be located outside your jurisdiction.

By using Leapnverse Software, you understand that your IP address will be logged, shared with and exposed to third party software service providers for purposes of providing certain functionality within Leapnverse Software. Your IP address will be logged in LeapN’s servers and transmitted to third parties. By continuing to use Leapnverse Software after being warned, you are deemed to have consented to such processing of your IP address for purposes of using Leapnverse Software.

TERMINATION OF LICENSE

Services which require the possession of a LeapN-issued NFT e.g. the Founders Deed Worlds, will be terminated upon your sale or transfer of the said NFT from your Ethereum-based wallet.

LeapN reserves the right to terminate your account in the event of a violation of this EULA and/or the related terms and conditions.

Your license to use Leapnverse Software will automatically terminate upon your uninstalling of the Leapnverse Software from your device. However, in the event of a termination of this EULA, you agree that all other provisions other than the license to use the Leapnverse Software will survive such termination, specifically pertaining to intellectual property rights of LeapN and its business affiliates in the Leapnverse Software, the Leapnverse platform, in-game purchases, and customizations.

INDEMNITY

You agree to indemnify, defend and otherwise hold harmless LeapN, its officers, directors, employees, members, shareholders, and affiliates against any claims, liability, costs, damages, or expenses arising out of your use of the Leapnverse Software. To the maximum extent permitted by law, you agree that the maximum amount that you may claim as compensation against LeapN is the amount that you have paid to LeapN.

DISCLAIMERS

You agree that you assume full responsibility for your actions within the Leapnverse platform. You understand that LeapN does not monitor and control all users in real time and it is your responsibility to inform LeapN’s representatives of any user behaviour or anything within the Leapnverse platform that you consider illegal, unethical, and unacceptable. Leapnverse platform may be used for mature content by certain creators, and by using the Leapnverse Software you hereby indicate your consent to view mature content (if any).

Leapnverse Software is provided to you on an as-is basis without any warranties for your safety and without any guarantee of the quality of Leapnverse Software for any purpose whatsoever. You understand that Leapnverse Software is alpha software and may crash or be inadequate for certain requirements.

You further understand that when you connect your cryptocurrency wallet to Leapnverse Software, LeapN is not responsible for any loss or malfunction that you may experience as a result thereof.

DISPUTE RESOLUTION

In case of any issues with Leapnverse Software or LeapN, or otherwise arising from this EULA, you agree to seek assistance from LeapN's official support channels, to provide full documentation and details to LeapN, and to provide your full cooperation to LeapN. If the matter cannot be resolved, you agree to submit the matter to binding arbitration under Delaware law, with provision for online arbitration whenever possible. You agree to bear your own legal fees and disbursements, and to bear the costs of engaging the arbitrator.

NON-WAIVER

Failure or neglect by LeapN, at any time, to enforce any of the provisions of this EULA, shall not in any manner be construed to be a waiver of LeapN's rights in that regard and in terms of this EULA.

SEVERABILITY

Any provision of this EULA that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

MISCELLANEOUS

LeapN reserves the right to update, amend, or redact this EULA from time to time, whether in part or in entirety. It is your responsibility to access the latest version of this EULA and LeapN is not obliged to send you a copy of this EULA.

COMMUNICATIONS

LeapN’s official email address is support@leapn.life. If you have any enquiries, please ensure that you deal with this email address.

OFFICIAL SUPPORT CHANNELS

LeapN's official support channels are: