END-USER LICENSE AGREEMENT (EULA) FOR INFINITRA

Last Updated: 2025-07-08

This End-User License Agreement ("EULA") is a legally binding contract between you (an individual or the entity you represent) and Richard Michael Bogad, MSc, an Austrian sole proprietorship doing business as Richard Bogad Solutions ("we", "us", "our"), concerning your use of the INFINITRA software application, including any updates, and associated documentation (collectively, the "Software").

BY CLICKING "ACCEPT" (OR A SIMILAR AFFIRMATIVE ACTION) AND BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.

1. Summary (For Convenience Only)

This summary is for your convenience and is not a substitute for the full EULA. The legally binding terms are contained in the main body of this document.

You must agree to this EULA and the Terms of Service to use the Software.
If you agree, you receive a limited license to use the Software for free on Windows PCs for personal, non-commercial purposes, subject to these terms.
The Software communicates with our servers (hosted by Google Cloud/Firebase) for functionality, updates, and potentially to send diagnostic data if you consent. Details are in our Privacy Policy.
The Software is provided "AS IS" without warranties. Our liability is strictly limited as permitted by Austrian law.
You may not reverse engineer, decompile, or resell the core components (Infinitra.Core.dll and Infinitra.Shared.dll).
You may redistribute the official Software distribution file from our authorized source (GitHub) if it's unmodified and accompanied by all legal documents.

2. License Grant

Subject to your strict compliance with this EULA and the Terms of Service, Richard Bogad Solutions grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Software on compatible Windows personal computers that you own or control, solely for your personal, non-commercial entertainment use. This Software is licensed, not sold. Richard Bogad reserves all rights not expressly granted to you in this EULA.

3. License Restrictions

You agree that you will not, and will not permit others to:

Use the Software in any way that violates applicable local, national, or international laws or regulations, including copyright laws.
Sell, resell, rent, lease, sublicense, assign, distribute, or otherwise transfer or commercially exploit the Software or any part thereof, except as expressly permitted for redistributing the official distribution file under section 3.4.
Modify, adapt, translate, or create derivative works based upon the proprietary parts of the Software. You may modify Open-Source Components only as permitted by their respective licenses.
Redistribute the official Software distribution file (e.g., installer or executable), for non-commercial purposes only, provided it is obtained directly from the official distribution source (e.g., https://github.com/richardbogad/infinitra) and only if it includes this EULA, the Terms of Service, Privacy Policy, and other accompanying legal documents, and provided you do not repackage, modify, or bundle the Software with any other items.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices or labels on or within the Software.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the proprietary core components Infinitra.Core.dll and Infinitra.Shared.dll or any other non-Open-Source Component of the Software, except and only to the extent that such activity is expressly permitted by applicable mandatory law (e.g., for interoperability purposes under specific conditions).
Include the Infinitra.Core.dll and Infinitra.Shared.dll or other proprietary components of the Software in any product, service, or software offered for sale or commercial distribution.
Use the Software for any purpose other than its intended personal, non-commercial entertainment use.
Violate any terms outlined in the Terms of Service.

4. Privacy and Data

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and disclose information relating to you and your use of the Software. By using the Software, you consent to the practices described in the Privacy Policy.

Server Communication: The Software requires communication with servers operated by us or our third-party service providers (e.g., Google Cloud, Firebase) for essential functions, such as enabling online features, account management (if you register), validating subscriptions, and checking for updates.
Updates and Conformity: The Software may periodically check for available updates. You agree that the Software may prompt you to download and install, or in some cases automatically download and install, these updates. In line with our legal obligations (e.g., under EU Directive 2019/770), we will provide all security, compatibility, and functionality updates necessary to keep the Software in conformity for a reasonable period. To benefit from your rights under the legal warranty, you are obliged to install these updates promptly. Failure to do so may relieve us of liability for any resulting lack of conformity.
Diagnostic Data: To help us diagnose and fix problems, the Software may create log files or error dumps related to its operation or crashes. You will be explicitly asked for your consent before any such diagnostic files containing potentially identifiable or detailed usage information are sent to us. Anonymized, aggregated usage statistics that do not identify you personally may be collected automatically to help us improve the Software, as detailed in the Privacy Policy.

5. Third-Party and Open-Source Components

The Software is built using and contains numerous third-party components, including software libraries, development tools, and assets from sources like the Unity Asset Store, which may be subject to various open-source or third-party license agreements ("Third-Party Components").

Our own open-source code, primarily located in the Assets/Scripts/Infinitra.Open/ directory, is licensed under the MIT License (see LICENSE).
The use of all other Third-Party Components is governed by their respective licenses. This EULA does not alter your rights or obligations under those licenses. To the extent there is a conflict between this EULA and a third-party license regarding a Third-Party Component, the terms of the third-party license shall prevail solely with respect to that component.
The proprietary core components Infinitra.Core.dll and Infinitra.Shared.dll are not Third-Party or Open-Source Components and remain subject to all restrictions in this EULA.

6. Intellectual Property Rights

The Software (including, but not limited to, the Infinitra.Core.dll, Infinitra.Shared.dll, visual interfaces, graphics, design, compilation, code, features, and underlying technology, excluding Third-Party Components) and all associated intellectual property rights (including copyrights, trademarks, trade secrets) are the exclusive property of Richard Bogad Solutions and/or its licensors. The name INFINITRA and associated logos are trademarks claimed by Richard Bogad. This EULA grants you no right, title, or interest in or to the Software's intellectual property, except for the limited usage license expressly stated herein.

7. Disclaimers and Limitation of Liability

"AS IS" Warranty Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY AUSTRIAN LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. RICHARD BOGAD SOLUTIONS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability: SUBJECT TO SECTION 7.5 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE AUSTRIAN LAW, IN NO EVENT SHALL RICHARD BOGAD SOLUTIONS (INCLUDING ITS OWNER, EMPLOYEES, AFFILIATES, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF RICHARD BOGAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND SUBJECT TO SECTION 7.5, RICHARD BOGAD SOLUTIONS' TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US FOR ANY SUBSCRIPTION ASSOCIATED WITH THE SOFTWARE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) TEN EUROS (€10.00).
Basis of Bargain: You acknowledge that Richard Bogad Solutions has offered the Software and set its prices (if any) in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that these disclaimers and limitations reflect a reasonable and fair allocation of risk between you and Richard Bogad, and that they form an essential basis of the bargain between us.
Exclusions: Nothing in this EULA is intended to limit or exclude any liability that cannot be limited or excluded under mandatory applicable Austrian law. This includes, without limitation, liability for damages to life, body or health, and liability for damages caused by willful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit).

8. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from us if you fail to comply with any term(s) of this EULA or the Terms of Service. Upon termination, you must immediately cease all use of the Software and destroy all copies, full or partial, of the Software in your possession or control. Sections 3, 4, 5, 6, 7, 9, 10, and 11 shall survive any termination of this EULA.

9. Seizure Warning

Certain individuals may experience epileptic seizures or blackouts when exposed to specific light patterns or flashing lights. Exposure to certain patterns or backgrounds on a computer screen or while playing video games, including potentially INFINITRA, may induce an epileptic seizure or blackout in these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family, has an epileptic condition or has had seizures of any kind, consult your doctor before using the Software. IMMEDIATELY DISCONTINUE use and consult your doctor if you experience any of the following symptoms while using the Software: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. Parents should watch for or ask their children about the above symptoms.

10. Governing Law and Jurisdiction

This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Austria, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

Any dispute or claim arising out of or in connection with this EULA shall be resolved as follows:

If you are a consumer resident in the European Union:
- You benefit from any mandatory provisions of the law of your country of residence. This choice of Austrian law does not deprive you of the protection afforded to you by such provisions.
- You may bring legal proceedings relating to this EULA either in the competent courts of Wiener Neustadt, Austria, or in the competent courts of the EU member state where you reside.
If you are not a consumer (e.g., a business entity):
- You irrevocably agree that the competent courts of Wiener Neustadt, Austria shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this EULA.

11. Miscellaneous

Entire Agreement: This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Richard Bogad Solutions regarding the Software and supersedes all prior agreements or understandings.
Severability: If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver: No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Assignment: You may not assign this EULA or any rights granted hereunder without our prior written consent. We may assign this EULA without restriction.
Contact Information: If you have any questions about this EULA, please contact us via email at: office@infinitra.xyz. Our official registered business address is listed in our Legal Disclosure.