--- title: IMAX End User License Agreement publisher: "IMAX" description: "Imax.com EULA End User License Agreement" canonical: "https://www.imax.com/imax-vista-eula" date: 2024-01-26 last_updated: 2024-02-02 --- IMAX End User License Agreement =============================== Table of Contents ----------------- Mobile Application End User License Agreement This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and IMAX Corporation (“Company”). This Agreement governs your use of the IMAX application on the Apple Vision Pro, (including all related documentation and Content and Services therein, the “Application”). The Application is licensed, not sold, to you. BY DOWNLOADING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT IN YOUR LOCATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION. 1\. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the Application for your personal, non-commercial use on an Apple Vision Pro that you own or control (each, a “**Mobile Device**”) strictly in accordance with the Application’s documentation; and (b) access, stream, rent, and use, as applicable, on such Mobile Device the Content and Services (as defined herein) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in the “Content and Services; Digital Content; Transactions” **Section** herein. 2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, script, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application; (g) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent; (h) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service; (i) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (k) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. 3\. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. 4\. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 5\. Content and Services; Digital Content; Transactions. (a) The Application may provide you with access to Company’s website (the “**Website**”) and products and services accessible thereon, and certain features, functionality, and copyrighted Digital Content accessible on or through the Application may be hosted on the Website (collectively, “**Content and Services**”). Your access to and use of such Content and Services is an electronic contract between you and Company and governed by Website’s Terms of Use and Privacy Policy located at https://www.imax.com/en/ca/page/terms-of-use and https://www.imax.com/en/ca/page/privacy-policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement. (b) Digital Content. (i) General. The Application may allow you to do the following, subject to the limited license grant below: (A) rent digital movies, television shows and/or other video content (“Digital Content” or “Videos”) for a fee for on-demand viewing over a limited period of time (“Rental Digital Content”), or (B) access Digital Content on a free or promotional basis for viewing over a limited period of time (“Free Digital Content”). (ii) Usage Rules. Your use of Digital Content is subject to the following Application Usage Rules (the “Usage Rules”), which provide important information, including the time period during which you are authorized to view different types of Digital Content (the “Viewing Period”): (A) The Videos that Company makes available to you on the Application are subject to restrictions on viewing (for example, through streaming) and on the length of time Company makes such Videos available to you. The specific restrictions applicable to each Video depends on whether you access such Video through rental or for free. These restrictions may change over time as we add new features, devices and content to the Application. The following are restrictions for accessing the Application through Mobile Devices. (B) Rental Videos 1. When you rent a Video for on-demand viewing, Company will make it available to you only to stream online through your Mobile Device. It is not available for download. You may stream up to three Videos at the same time using the same Apple account. You may stream the same Video to no more than one Mobile Device at a time. 2. For rental Video, you'll typically have 48 hours to finish watching the Video once you have commenced streaming, provided that in any event you must finish watching the Video prior to expiration of the applicable expiration window, which is typically 30 days from your payment of the rental fee. We may remove Videos from your Mobile Device at the end of the Viewing Period. (C) Free Videos 1. Where available, Videos available for free as part of a promotion are only available for online streaming on Mobile Devices. They are not available for download. You may stream the same Video to no more than one Mobile Device at a time. 2. You may be eligible to watch Videos for free at any time the Video is designated as free on its detail page. (iii) **Rental Transactions.** Except as described in this paragraph, all transactions for Rental Digital Content are final, and we do not accept returns of such Digital Content. If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method. If you pre-order Digital Content, you will be charged when the Content is delivered to you (unless you cancel prior to its availability). Prices may change at any time. From time to time, Company may suspend or cancel payment if we find evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles Company to a corresponding counterclaim. (iv) **Playback Quality; Streaming.** The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content. (v) **General Restrictions.** You may not (A) transfer, copy or display the Digital Content, except as permitted in this Agreement; (B) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (C) remove any proprietary notices or labels on the Digital Content; (D) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Application; or (E) use the Application or Digital Content for any commercial or illegal purpose. (vi) **Explicit Content.** By using the Application, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Application at your sole risk, and Company has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Company does not guarantee their accuracy. (vii) **Motion Discomfort**. Use of the Application may involve certain risks including, but not limited to, motion sickness, nausea, dizziness, seizures, disorientation, loss of balance, visual abnormalities, drowsiness, fatigue, and post-traumatic stress disorder responses. These symptoms can persist and become more apparent hours after use and may put you at an increased risk of injury when engaging in normal activities. You agree to use the Application at your sole risk, and Company has no liability for any injuries, damages, or losses resulting from the use of the Application. The Application is intended for use by individuals in good health and without any known medical conditions. If you are pregnant, elderly, or have any pre-existing health conditions, consult with a medical professional before using the Application. Do not use the Application if you are experiencing nausea, fatigue, headaches, or are under the influence of any substance, and immediately discontinue use of the Application if you experience discomfort, dizziness, nausea, seizures, or any other adverse reactions. If you experience any of the aforementioned symptoms during or after using the Application, do not operate heavy machinery until such symptoms subside. 6. Geographic Restrictions. The Content and Services are based in the United States and Canada (the “Territory”) and provided for access and use only by persons located in the Territory. You acknowledge that you may not be able to access all or some of the Content and Services outside of the Territory and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the Territory, you are responsible for compliance with local laws. You may not use any technology or technique to obscure or disguise your location. 7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement. 8. Third-Party Materials and Beneficiaries. (a) The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. (b) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple 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. 9\. Term and Termination. (a) The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section (Term and Termination). (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. (c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. (e) Termination will not limit any of Company’s rights or remedies at law or in equity. 10\. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT APPLE SHALL NOT BE RESPONSIBLE IN ANY MANNER FOR THE APPLICATION AND THE CONTENT AND SERVICES. YOU ACKNOWLEDGE THAT APPLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION AND CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION; AND (IV) CLAIMS RELATING TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 11\. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 12\. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. 13\. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. 14\. US Government Rights and Representations. (a) The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors. (b) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 15\. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. 16\. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Manhattan, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 17\. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 18\. Entire Agreement. This Agreement, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 19\. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. 20\. Amendments. Company reserves the right to make changes to this Agreement for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to the Application; to reflect advancements in technology; to make reasonable technical adjustments to the Application; and to ensure the ongoing operability of the Application at any time. You will be able not to accept these changes by canceling your IMAX account at any time. To the maximum extent permitted by law, your continued use of the Application following any changes will constitute your acceptance of such changes. 21\. Contact Information. For communications concerning this Agreement, please write to Company at the applicable notice address listed [here](/content/contacts). Subscribe --------- **Stay Updated.** Events, exclusives, and a whole lot more straight from the source. ------------------------------------------------------------------------------------