EULA for Koji’s Quest
Thank you for your interest in Koji’s Quest, a game available in virtual reality (“Koji’s Quest”
or the “Game”). Koji’s Quest is offered by Neuro Reality B.V., (“NR”), based in The
Netherlands, a company operating under the slogan: ‘Science-based brain training made
You may play Koji’s Quest by downloading and using NR’s proprietary software (the
“Software”). Using the Software allows you to log into NR’s client system (the “System”) and
interact within the game environment created by NR. To play Koji’s Quest, NR also requires
that you review and agree to this End User License Agreement (“EULA”), which also refers to
This EULA describes the terms and conditions under which you may (1) use the Software;
(2) access and use Koji’s Quest; and (3) access and interact within the System. NR may
amend this EULA from time to time by posting an amended version that must be accepted
before accessing the Game. Once you accept this EULA, the then-current version of the
EULA shall apply each time you access the System or play Koji’s Quest.
By selecting “ACCEPT” (or if you bypass selecting “ACCEPT”, and still access or otherwise
use the Software, the System, or the Game), you accept the terms and conditions in the
EULA, including all Exhibits, if applicable. If you do not accept the terms and conditions in the
EULA, you should select “DECLINE”, discontinue use of the Software, and not access the
System or use Koji’s Quest.
You may play Koji’s Quest with the following platforms:
The Oculus Rift virtual reality headset (the “Rift,” a product of Oculus VR, LLC (“Oculus”));
the Oculus Quest (the “Quest” a product of Oculus; the Oculus Quest 2 (the “Quest 2” a
product of Oculus); the HTC Vive VR headset (the “Vive,” a product of the HTC corporation
(“HTC”)). If you are using the Rift to play Koji’s Quest, by accepting this EULA, you
furthermore acknowledge and accept that you have read and agree to the Oculus Terms of
Service as provided for by Oculus VR, LLC, as presented
This EULA is strictly between you and NR. NR is solely responsible for Koji’s Quest, and not
the above-mentioned parties. Those parties may however be considered third party
beneficiaries of this EULA, to the extent applicable.
This Game is rated Everyone (“E”) by the Entertainment Software Rating Board (ESRB).
1. REQUIREMENTS TO PLAY
To play Koji’s Quest, you must: (i) purchase a copy of the Software; (ii) obtain and maintain
your own Internet access which has sufficient bandwidth to play the Game (Internet access is
generally required to play Koji’s Quest; NR is not responsible for your access to the Internet);
and (iii) comply with this EULA.
You can establish a valid account within the Game (an “Account”). This will provide you with
additional access and features for the game.
2. YOUR ACCOUNT
Establishing a New Account
You are responsible and liable for all activities conducted through your Account, regardless
of who conducts those activities. You may not share your Account with anyone, or allow
anyone else to access or use your Account. Joint or shared ownership or use of an Account
by more than one person is prohibited.
Accounts may not be used for business purposes. Access to the System and playing Koji’s
Quest is intended for your personal entertainment, enjoyment, and recreation and in certain
circumstances for the benefit of your health. It is not intended not for corporate, business,
commercial, or income-seeking activities. Business entities and anyone who is acting for or
on behalf of a business or for business purposes may not establish an Account, access the
System, or play Koji’s Quest, unless prior arrangements have been made with NR.
Accessing the System or using the Game for commercial, business, or income-seeking
purposes is strictly prohibited.
Passwords and Names
During the registration process, you will be asked to select one (“Password”). You may not
disclose your Password to anyone or allow anyone to use your Password to access the
System or play Koji’s Quest. You are responsible for maintaining the confidentiality of your
Password and for any damage resulting from your disclosure of your Password, or from use
by any person of your Password. You may not obtain, attempt to obtain, use, or attempt to
use the Password of anyone else. You are responsible for remembering your Account
information and Password. If you provide your email address, NR can send you a link to
reset your password.
3. ACCOUNT TRANSFER
You are not permitted to transfer your Account nor your player to another person. Any
attempted transfers are prohibited and void, and shall not be binding on NR. A transfer or
attempted transfer is entirely at the risk of the parties to such transaction. NR is not liable to
any person (whether transferor, transferee, or otherwise) for any acts, omissions,
statements, representations, defaults, or liabilities of the parties in connection with such a
4. TERMINATION; SUSPENSION OF ACCOUNT
By NR for Termination of the Game
NR does not guarantee that it will continue to offer access to the System or support the
Game. NR may, in its sole discretion and at any time, cease to provide any or all of the items
or services offered in connection with Koji’s Quest (including access to the System and any
or all features or components of the Game), terminate the EULA, close all Accounts, and
cancel all of the rights granted to you under the EULA. NR may communicate such
termination to you in any of the following manners: (i) when you log into your Account; (ii) in a
notice on NR’s website; (iii) via electronic mail; or (iv) in another manner that NR deems
suitable to inform you of the termination. If NR terminates the EULA pursuant to this section,
you will not be entitled to receive any refund.
By NR for Breach or Misconduct
Suspension of Account
Without limiting NR’s rights or remedies, NR may immediately and without notice discontinue
or suspend access to the System through your Account, and any and all other Accounts that
share the name, phone number, e-mail address, Internet protocol address, or MAC address
with the discontinued or suspended Account, in the event of (i) a breach of the EULA
(including the rules of conduct) by you or any user under your Account; or (ii) unauthorized
access to the System or use of the Game by you or any user under your Account.
Termination of EULA
NR, in its sole discretion, may immediately and without notice terminate the EULA, close all
your Accounts, and cancel all rights granted to you under the EULA if: (i) NR is unable to
verify or authenticate any information you provide; (ii) you or anyone using any of your
Accounts materially breaches the EULA, makes any unauthorized use of the System or
Software, or infringes the rights of NR or any third party; or (iii) NR becomes aware of
gameplay, chat, or user activity under your Account that is, in NR’s discretion, inappropriate,
offensive, or in violation of the rules of conduct. NR may, but is not obligated to, provide
notice of termination via electronic mail, or any other means reasonably calculated to reach
NR reserves the right to terminate any and all other Accounts in any other game produced by
NR, or a NR affiliate, that shares the name, phone number, e-mail address, or Internet
protocol address with a closed Account. Termination by NR under this section shall be
without prejudice to or waiver of any and all of NR’s other rights or remedies, all of which are
expressly reserved, survive termination, and are cumulative. You will not be entitled to
receive any refund for a termination pursuant to this section.
Termination of EULA
You may terminate the EULA with regard to any or all of your Accounts at any time, upon
notice to NR via electronic mail. Upon termination of the EULA, NR will close your Account
and discontinue or suspend access to the System through your Account; you will not be
entitled to receive any refund in the event of such termination.
Change in the EULA
If an amendment alters a term of the EULA that is unacceptable to you, you may, as your
sole and exclusive remedy, terminate the EULA and close your Accounts. You may terminate
the EULA by: (a) clicking the “DECLINE” button when you are prompted to review and agree
to the amended EULA; or (b) notifying NR via electronic mail to NR at email@example.com within thirty (30) days after the amended EULA was communicated to you,
provided that you have not clicked the “ACCEPT” button, accessed the System, or played
the Game during that period. Your notice must state: (i) that you do not agree to the
amended EULA, specifically describing the amendment(s) with which you disagree, and that
you wish to terminate the EULA; and (ii) your login name. You will not be entitled to receive
any refund in the event of such termination. If you click “ACCEPT” or otherwise continue to
access the System or play the Game, you shall be deemed to have accepted the amended
EULA and waive your rights to terminate under this section.
5. HEALTH WARNING
Some users may experience fatigue, nausea or vertigo while using virtual reality hardware.
Taking rest breaks from the Game and the hardware may help alleviate symptoms. Likewise,
in rare instances, some users may experience seizures when exposed to certain light
patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video
monitor may induce an epileptic seizure, even in persons who have no history of prior
seizures or epilepsy. While using the virtual reality hardware, your actual vision will be
impaired, and there will be wires connecting the headset to the platform running the Game.
Players should carefully review all health and safety warnings from their respective
manufacturers before use, and consider setting up their playing space safely, away from big
common areas or small children and pets.
Subject to the other terms of the EULA, NR grants you a limited, non-exclusive, revocable
license to use the Software and its accompanying documentation solely in connection with
accessing the System in order to play Koji’s Quest using a single valid Account. For each
valid Account you maintain, you may use only one copy of the Software. You must download
a separate license to the Software for each additional Account you register; e.g., if you have
2 Accounts, you must have 2 licensed copies of the Software.
Any and all rights not expressly granted by NR herein are reserved, and no license,
permission, or right of access or use not granted expressly herein shall be implied.
You may not intercept any information accessible through the System for any purpose other
than playing Koji’s Quest in accordance with the EULA. You may not access the System or
upload, download, or use information accessible through the System, other than as permitted
by the EULA.
You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create
derivative works of, adapt, translate, perform, display, sublicense, or transfer the Software or
any documentation accompanying the Software. You may not transfer the Software except
as permitted by the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt,
translate, perform, display, sublicense, or transfer any information accessible through the
System, including without limitation, any part of the Game Content, User Content, except that
you may modify certain Game Content and User Content solely for your own purposes in
playing the Game, but only to the extent permitted by the System.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or
derive source code from, all or any portion of the Software, or from any information
accessible through the System (including, without limitation, data packets transmitted to and
from the System over the Internet), or anything incorporated therein, or analyse, decipher,
“sniff,” or derive code (or attempt to do any of the foregoing) from any packet stream
transmitted to or from the System, whether encrypted or not, or permit any third party to do
any of the same, and you hereby expressly waive any legal rights you may have to do so. If
the Software and/or the System contain license management technology, you may not
circumvent or disable that technology. This section shall apply to the fullest extent permitted
by applicable law.
NR may from time to time update or otherwise modify the Software electronically, or require
you to install updates, patches, or fixes to the Software (“Updates”). Updates may change
the Game’s terms, conditions, features, items, mechanics, or any other element of the Game.
You must install such Updates before you will be allowed to proceed to play the Game or
access the System. If you fail to install the new release when required, NR shall not be
responsible in any way for your inability to access the System or play Koji’s Quest, and you
shall not be entitled to receive any refund or any other form of compensation. You hereby
grant NR permission to: (i) extract hardware system profile data from your hardware; (ii)
extract information from your computer’s file directories pertaining to the Game and your
ability to access the System; and (iii) download to your hardware any content, Game files
and any data related to the operation of the Game. The foregoing applies to any hardware
from which you log into the System using your Account.
New Releases of the Software
You are not entitled to receive any new releases of the Software, or any expansion packs,
downloadable content, or similar products under the EULA, but NR may, in its sole
discretion, offer any or all of the foregoing to you. NR may provide new releases or otherwise
enhance the Software at any time, in its sole discretion, without obligation to you. Any such
new release or other enhancement of the Software may change the Game’s terms,
conditions, features, items, mechanics, or any other element of the Game. You will be
informed when a new release is available when logging in and must install the new release
before you will be allowed to play the Game or access the System. If you fail to install the
new release when required, NR shall not be responsible in any way for your inability to
access the System or play Koji’s Quest, and you shall not be entitled to receive any refund or
any other form of compensation.
7. PROPRIETARY RIGHTS
Ownership of Software, System, and Game
As between you and NR, NR is the sole and exclusive owner of the Software, System,
Game, and Game Content (as defined below). The Software, System, Game, and all Game
Content are protected by law governing copyrights, trademarks, and other proprietary rights.
NR reserves all rights not expressly stated herein.
The Game is comprised of, without limitation, software code, programs, routines,
subroutines, objects, files, data, characters (and items, objects, and attributes comprising or
associated with an Account), graphics, sound effects, music, animation, video, text, content,
layout, design, and other information downloaded from and accessible through the System
(collectively, the “Game Content”). NR, its affiliates, licensors, and/or suppliers retain all of
their right, title, and interest (including without limitation all intellectual property rights) in and
to the Software, System, Game, and all Game Content, and no rights thereto are transferred
to you, except for the limited license granted above.
Violation of NR’s proprietary rights is a material breach of the EULA, in the event of which
NR may suspend your Account, terminate the EULA, and take whatever additional action NR
deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of
any and all of NR’s other rights and remedies, all of which are expressly reserved, survive
termination, and are cumulative.
8. WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
The Software, System, Game, all Game Content, and all other services and material
provided in connection therewith, are provided “AS IS,” with all faults, and without warranty of
any kind. You assume all risk of use and all risk associated with accessing the System and
playing the Game.
To the greatest extent allowed by applicable law, NR disclaims all warranties, whether
express or implied, including without limitation the warranties of merchantability, fitness for
particular purpose, and non-infringement. There is no warranty against interference with your
enjoyment of the Game. NR does not warrant that the operation of the System or your
access to the System, or that your use of the Software, will be uninterrupted or error-free, or
that the System or Software will be compatible with your hardware and software. In the event
of a malfunction of, or your inability to use, the Software you have downloaded, your sole and
exclusive remedy shall be a replacement download, and NR shall have no liability for the
While NR attempts to have the System available at most times, NR does not guarantee that
the System will always be available, or that the System will not become unavailable during
Game play. The System may become unavailable for a number of reasons, e.g., during the
performance of maintenance to the System, for the implementation of new software, for
emergency situations, and due to equipment or telecommunications failures. You shall have
no right to bring any claim, demand, action, or proceeding against NR in respect of the same.
In no event shall NR, its affiliates, licensors, or suppliers be liable to you or to any third party
for any indirect, incidental, consequential, punitive, or exemplary damages (including without
limitation, lost profits, or lost or corrupted data), arising out of or in connection with your
Account, the System, Software, Game, Game Content, User Content, or EULA.
Nothing in this EULA shall limit any party’s liability in respect of which liability may not be
limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this
EULA are declared to be void or unenforceable, then NR’s liability shall be limited to the
maximum extent permissible under applicable law. The remedies set forth herein are
exclusive and in lieu of all other remedies, oral or written, express or implied.
9. AMENDMENTS TO EULA
NR may, in its sole discretion, amend the EULA from time to time by posting an amended
version and notifying you when you attempt to log in to the System. If the EULA is amended,
you will be asked to review the amended EULA when you log into your Account, and to
indicate and confirm your acceptance of the amended EULA by clicking the “ACCEPT”
and/or “CONFIRM” buttons. You must accept the EULA in order to continue to access the
System or play the Game.
If the amendment alters a material term of the EULA that is unacceptable to you, you may,
as your sole and exclusive remedy, terminate the EULA and close your Account as
described in Section 4, Termination.
10. GOVERNING LAW AND JURISDICTION
The EULA, and the rights and obligations of the parties hereto, shall be governed and
construed by and in accordance with the laws of The Netherlands. The EULA shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute, or claim arising out of or
relating to the EULA, or otherwise relating to any rights in, access to, or use of the Software,
System, Game, Game Content, User Content, and/or the rights and obligations of the parties
hereto, shall be the courts of The Netherlands.
The EULA is published in English. The EULA may be translated into one or more additional
languages for convenience of the reader. If the EULA is published in any language other
than English, the English language version of the EULA will be the governing agreement and
shall control all interpretation thereof.
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the original intentions
of the parties expressed in the EULA, and the remaining portions shall remain in full force
You shall comply with all applicable laws regarding your access to and use of the System,
use of the Software, your access to your Account, and your playing of the Game. Without
limiting the foregoing, you may not download, use, or otherwise export or re-export any part
of the information accessible through the System or the Software, except in full compliance
with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights
thereunder, and any attempt to do so is void. The EULA, including any rules of conduct as
time, sets forth the entire understanding and agreement between NR and you with respect to
the subject matter hereof. Except as provided above, or in a writing signed by both parties,
the EULA may not be modified or amended. No distributor or agent of NR is authorized to
make any modifications or additions to the EULA.
All notices to NR required or permitted by the EULA shall be by electronic mail at [e-mail
address], unless stated otherwise in the EULA. The EULA, as may be amended by NR from
time to time, sets forth the entire understanding and agreement between NR and you with
respect to the subject matter hereof. Except as provided above, or in a writing signed by both
parties, the EULA may not be modified or amended. No distributor or agent of NR is
authorized to make any modifications or additions to the EULA.
All notices to NR required or permitted by the EULA shall be by electronic mail at [e-mail
address], unless stated otherwise in the EULA.
EULA Version 0.2, December 2020