End-User License Agreement

Outbreak Vanguard is the output of a research project called Handum: The Design, Implementation, and Analysis of a Digital/Mobile Game-based Learning Tool for Primary and Secondary Education. This work is primarily funded by the PHILIPPINE COUNCIL FOR INDUSTRY, ENERGY AND EMERGING TECHNOLOGY RESEARCH AND DEVELOPMENT (DOST-PCIEERD) with Project No. 9099, 2021 and developed by members of the University of the Philippines Diliman.

There are two main outputs to Project Handum, one is the Outbreak Vanguard Mobile Application ("App" or "Application") and the Outbreak Vanguard website ("Website")

This software is licensed and not sold to You.

Your license to Outbreak Vanguard that You ("User" or "You") obtain through the Outbreak Vanguard Team (the "Team") at the University of the Philippines Diliman, is subject to Your prior acceptance of this End User License Agreement (EULA), and You expressly agree to the terms of this EULA. Your license to Outbreak Vanguard is granted by the Team, and Your license to any Third-Party Product is granted by the Licensor of that Third-Party Product. The Team reserves all other rights in and to Outbreak Vanguard not expressly granted to You under this EULA.

This EULA governs Your use of the App, their associated upgrades, patches, and updates as it is currently provided, or which will be provided by the Team. In addition, this EULA sets out the basis on which the Team makes the App available to You and on which You may use them.

The Outbreak Vanguard Disclaimer, accessible through the following web address: https://www.outbreakvanguard.com/disclamer forms an integral part of this EULA. By installing or using the App, You unconditionally agree to accept and to be bound by this EULA and the Disclaimer. If You do not agree with the EULA or the Disclaimer please do not install or use the Application.

While anyone is free to access the Outbreak Vanguard Website which can be found at https://www.outbreakvanguard.com, creating an account (Your "Account") on the website would require You to agree to the additional conditions found in the following documents.

• Outbreak Vanguard's Privacy Policy for Admin/Researchers/Teachers/Co-teachers/Website Account Holders - accessible via https://www.outbreakvanguard.com/privacy-policy
• Outbreak Vanguard's Cookie Policy - accessible via https://www.outbreakvanguard.com/cookie-policy
• Terms and Conditions - accessible via https://www.outbreakvanguard.com/terms-and-conditions

Creating an Account on the Website is OPTIONAL and not necessary for the use of the App. If You do not agree to the Privacy Policy, Cookie Policy, or the Terms of Conditions of the Website, please do not make an Account. If You have an Account, this EULA shall coexist, and shall not supersede, the Terms and Conditions of the Website. In the case that this EULA conflicts with the provisions of the Terms and Conditions, the conflicting provisions in the Terms and Conditions will govern.

You may OPTIONALLY provide the Outbreak Vanguard Application a Class Code. This Class Code, generated by a User of the Outbreak Vanguard Website, allows for Your game progress to be monitored by the Website. This is primarily for the purpose of reporting to a teacher how well You have learned the lessons discussed in the Application. Please refer to Section 5 on what particular information is stored in the Application and transmitted to the Website. Providing a Class Code would entail Your use of the application to fall under the Outbreak Vanguard's Privacy Policy for Students/Class Code Users, but not its Cookie Policy or Terms and Conditions.

Finally, the Team reserves the right to change, modify, add, or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.

DEFINITIONS

For the purposes of this EULA, we define the following terms:

• App / Application - the Outbreak Vanguard Mobile Application
• Account - an account on the Outbreak Vanguard website
• Associated Service Provider - Entities whose services are needed in order to use the Application. For example, the developers of the Android Operating System which is needed to make the mobile phone run. Another example would be telecommunications providers to allow for the download of the application.
• Content - software components, multimedia, text, graphic and printed materials, and "online" or electronic documentation, and any and all copies of such software and its materials created by the Team or its licensors.
• Class Code - An identifier that would link an individual user of the Application to their peers, such as their classmates who are all using the Application as part of their lessons in class.
• License - A legally binding contract between a user and the developers of the application that provides for the terms of use and distribution of the software.
• Licensor - Third-party entities whose intellectual properties were used with permission in the development of the Application.
• Service - refers to the Website, or Application, or both
• Team / Company - this term collectively refers to the individuals that have created the Outbreak Vanguard Application and its Website. The Team can be reached through its project Leader Dr. Susan Pancho-Festin at the Department of Computer Science, Alumni Engineers Centennial Hall, University of the Philippines Diliman, Quezon City 1101, Philippines
• Website - refers to the Outbreak Vanguard website, accessible from https://www.outbreakvanguard.com/
• You / User - represents the individual accessing or using the Application, a company, or any legal entity on behalf of which such individual is accessing or using the Application, as applicable.

These terms will be used throughout this document. Most of the times these terms will be written starting with a capital letter. For example, the words Licensor, Team, and You. Note that sometimes the plural version of the word is used (ex: Licensors). These words have the same meaning as their singular counterpart.

GRANT OF LICENSE

2.1 In consideration of You agreeing to abide by the terms of this EULA, The Team grants You a revocable, non-transferable, non-exclusive, non-sublicensed, non-commercial, and personal license ("License") to use the Application, subject to these terms in this EULA, for such time until either You or the Team terminates the EULA.

2.2 You must in no event use, nor allow others to use, the Application or this License for commercial purposes.

2.3 Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Application on certain hardware.

2.4 THIS APPLICATION IS LICENSED TO YOU, NOT SOLD.

2.5 You shall not, directly or indirectly:

• sell, rent out, lease, license, distribute, market, exploit the Application or any of its parts commercially;
• reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Application, in whole or in part;
• remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Application; and
• export or re-export this Application or any copy of adaptation in violation of any applicable laws or regulations.

2.6 You must:

• not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application;
• not infringe the Team's intellectual property rights or those of any third party in relation to Your use of the Application (to the extent that such use is not licensed by this EULA);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Application;
• not use the Application in a way that could damage, disable, overburden, impair or compromise Outbreak Vanguard's systems or security or interfere with other users;
• not falsely claim to be an employee or representative of the Team or its partners and/or agents;
• not falsely claim an endorsement in connection with the Application or with the Team.

OWNERSHIP

3.1 All title, including but not limited to copyrights, in and to the Application and any copies thereof are owned and controlled by the Team or its Licensors.

3.2 All title and intellectual property rights in and to the software components, multimedia, text, graphic and printed materials, and "online" or electronic documentation, and any and all copies of such software and its materials (collectively defined as Content) which may be accessed through use of the Application that was created by the Team is the property of the Team and is protected by copyright, patent, trademarks and service marks and various other intellectual property laws, treaties and unfair competition laws. This EULA grants You NO RIGHTS to use the Team's Content.

3.3 The Application may contain certain licensed materials, and in that event, the Team's licensors may protect their rights in the event of any violation of this EULA. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the permission of the Team's licensors and representatives.

3.4 You acknowledge that all intellectual property rights in the Application anywhere in the world belong to us or to our licensors, that rights in the Application are licensed (not sold) to You, and that You have no rights in, or to, the Application other than the right to use each of them in accordance with the terms of this EULA.

3.5 You acknowledge that You have no right to have access to the Application in source-code form.

3.6 This License confers no title or ownership in the Application and should not be construed as a sale of any rights in the Application.

3.7 All rights not expressly granted are reserved by the Team.

ACCESS TO THE APPLICATION

>4.1 The Outbreak Vanguard Mobile Application can be downloaded and installed from the Google Play Store. The Application was designed for Android phones or tablets. As such, You acknowledge that the Application may not be available for use on all mobile devices.

4.2 To download the Application, You must have access to the Internet. The connection costs (including but not limited to mobile providers' and/or carriers' costs), shall be exclusively borne by You. As such, You acknowledge that the lack of connectivity may prevent You from downloading the Application.

INFORMATION

5.1 The Outbreak Vanguard Application will ask for Your name upon first use. No other personal information will be gathered from You.

5.2 The Application keeps track of Your performance within the game. This is primarily for measuring how well You have learned the lessons being discussed in the Application.

5.3 If You choose to provide the Application a Class Code, Your name as well as Your game performance will be transmitted to the Website. This is primarily for the purposes of measuring Your understanding of the learning domain being covered by the Application.

5.4 Details of how Your information is stored and a description of Your rights to Your data can be found in the Privacy Policy of the Outbreak Vanguard Website.

WARRANTY DISCLAMER, LIMITATION OF LIABILITY

6.1 You expressly acknowledge that the use of the Application is at Your own risk. To the fullest extent permissible under applicable law, the Application is supplied on an "As Is" and "As Available" basis.

6.2 The Outbreak Vanguard's Team, its Licensors, and Associated Service Providers do not make and hereby disclaim any guarantees, conditions, warrantees of any kind, express, implied or statutory, or other terms including as to:

• its conformity, accuracy, currentness, completeness, reliability, or security;
• its suitability for a particular use;
• implied warranties of title, non-infringement; or
• Your satisfaction.

6.3 The Team does not warrant that the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application is free of viruses or other harmful components. You assume all responsibility for selecting the Application to achieve Your intended results, and for the installation of, use of, and results obtained from the Application.

6.4 The Team does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Application.

6.5 To the fullest extent permissible under applicable law, in no event will the Team, the Team's Licensors, and Associated Service Providers be liable for loss or damage suffered in connection with the use of this Application or any related third-party service. This includes without limitation:

• All losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise;
• Direct loss;
• Accidental loss;
• Incidental loss;
• Consequential loss; and
• Indirect loss

6.6. Nothing in this section shall affect the Team's liability for death or personal injury arising from the Team's negligence, for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

6.7 For purposes of this section, the Team's Licensors and Associated Service Providers are the Third-Party Beneficiaries to the limitations of liability specified herein and they may enforce this EULA against You.

6.8 Should this Application prove defective, You assume the entire cost of all necessary servicing, repair, or correction.

INDEMNITY

7.1 You are solely responsible for any damage caused to the Team, its licensors, and associated service providers and subcontractors, other users of the Application, or any other individual or legal entity as a result of Your violation of this EULA.

7.2 You hereby agree to defend, indemnify and keep indemnified the Team, its affiliates, their licensors, and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages, and all costs (including lawyers' fees), directly or indirectly attributable to Your fault and/or resulting from (a) a violation of any provision of this EULA or (b) Your use or misuse of the Application.

7.3 The Team reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify the Team. The provisions of this Section 8 shall remain in force after termination of this EULA.