End User License Agreement

EULA

End User License Agreement (EULA) – Australia

1. Introduction

This End User License Agreement (the “Agreement”) is a legally binding agreement between you (“User” or “you”) and Dreamscape Innovations Pty Ltd, trading as Morphosys (“Company”). This Agreement governs your use of the Morphosys mobile application for Apple iOS or Google Android operating systems or Facebook (including all related documentation, the “Application”). Company reserves the right to change or modify any of the terms and conditions contained in the Agreement without notice, and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Application.

BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU:

(A) ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT;

(B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE UNDER APPLICABLE AUSTRALIAN LAW TO FORM A BINDING CONTRACT WITH US; AND,

(C) AGREE THAT IF YOU ACCESS THE APPLICATION FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/INSTALL/USE THE APPLICATION.

2. License

Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, revocable, non-transferable license to download, install, and use the Application for your personal and commercial use on a single desktop and mobile device owned or otherwise controlled by you, strictly in accordance with the Application’s documentation.

You shall not:

(a) copy the Application, except as expressly permitted by this Agreement;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, integrate, modify, remove, decompile, decode, create derivative works or updates of, adapt, 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; or

(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

Nothing in this Agreement should be interpreted to restrict third-party terms, including Apple Media Services Terms and Conditions and/or Google Play Terms of Service. You must ensure that you comply with applicable third-party terms and conditions.

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.

3. 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. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. 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.

4. Updates

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, and 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 Desktop settings, when your Computer 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.

5. Term and Termination

The term of Agreement commences when you download/install the Application and will continue in effect until terminated as provided herein (the “Term”). You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. 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. Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company’s rights or remedies at law or in equity.

6. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS AND 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.

7. 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, BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL 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 APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).

8. 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. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.

9. Export Regulation

The Application may be subject to Australian export control laws, including the Australian Export Administration 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 United States.

10. Severability

If any provision of this Agreement is illegal or unenforceable under applicable Australian 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.

11. Governing Law

This Agreement is governed by and construed in accordance with the internal laws of Australia without giving effect to any choice or conflict of law provision, principle, or rule. Any action or proceeding arising out of or relating to this Application and/or under this Agreement will be instituted in the courts of Australia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

12. Entire Agreement

This Agreement constitutes the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings, or statements of any nature made by the parties or any of them, whether oral or written (and, if written, whether or not in draft form), with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties, or representations given or made by any of them in relation to the subject matter of this Agreement, save those expressly set out in this Agreement, and that they shall have no rights or remedies with respect to such subject matter otherwise than under this Agreement save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of the Company.

13. 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.

Disclaimer:

This Screenwriting app, powered by OpenAI, is designed to assist users in the creative process of writing scripts. It provides tools, suggestions, and prompts to aid screenwriters in their work. However, it is important to understand and acknowledge the following:

1. Copyright: Any content generated using this app belongs to the user who created it. We do not claim ownership of the content you produce through this app. It is your responsibility to ensure that your work complies with copyright laws and that you have the necessary rights to use any input data.
2. Legal Advice: This app does not provide legal advice. If you have legal questions or concerns related to copyright, intellectual property, or any other legal matters, it is advisable to consult with a qualified attorney.
3. Content Quality: While we strive to provide high-quality suggestions and assistance, the app’s output may not always meet professional standards. Users should review and edit generated content to ensure it aligns with their creative vision and meets industry expectations.
4. Use at Your Own Risk: The use of this app is at your own risk. We do not guarantee the accuracy, completeness, or suitability of the content generated. You are solely responsible for the final content and its use.
5. Data Privacy: We value your privacy. The data you input into the app is processed to generate content and improve our services. Please refer to our privacy policy for more information on how we handle your data.

Subscription and Cancellation Terms

This Service Agreement (the “Agreement”) is entered into by and between Dreamscape Innovations Pty Ltd (referred to as “Provider”) and the subscribing party (referred to as “Subscriber”). This Agreement outlines the terms and conditions of the subscription service provided by the Provider.

Subscription

1.1 Subscription Type: The Subscriber agrees to subscribe to Morphosys Screenwriting web app provided by the Provider.

1.2 Subscription Cost: The Subscriber will be billed on a monthly basis for the cost of the Service. The total annual subscription cost will be divided into twelve (12) equal monthly payments.

1.3 Payment: Payment for the monthly subscription fee will be automatically deducted from the Subscriber’s provided payment method on thethe subscription date of each month.

2. Subscription Commitment

2.1 Annual Commitment: The Subscriber acknowledges and agrees that this subscription is a yearly commitment. By subscribing to the Service, the Subscriber is committing to a full 12-month term.

3. Cancellation

3.1 Cancellation Request: If the Subscriber wishes to cancel the subscription before the end of the 12-month commitment period, they must submit a written cancellation request to the Provider.

3.2 Cancellation Fee: In the event of cancellation before the end of the 12-month commitment, the Subscriber shall be responsible for paying the remaining balance of the annual subscription cost.

4. Termination by Provider

4.1 Provider’s Right to Terminate: The Provider reserves the right to terminate this Agreement and suspend or terminate the Subscriber’s access to the Service in case of non-payment, violation of the terms of use, or for any other reason deemed appropriate by the Provider.

5. Miscellaneous

5.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, agreements, representations, and warranties.

5.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Australia.

6. Contact Information

For any inquiries or notices related to this Agreement, please contact:

customerservice@morphosys.io

By using this app, you agree to these terms and conditions. If you do not agree with any part of this disclaimer, please refrain from using the app. We encourage responsible and ethical use of this tool.

Last Updated: 08/13/2023