Licensed Software Notices

 

 

Licensed Software Notices (EULA)

META DEVELOPER KIT END USER LICENSE AGREEMENT
Meta Company ("Meta") is providing you the enclosed version of the Meta head mounted display developer kit (the "Meta HMD"). You have also been provided with the Meta HMD firmware (the "Firmware") and the Meta HMD software development kit (the "SDK") to enable and facilitate your creation and development of interactive software applications to be used in connection with the Meta HMD. The Firmware comes with your Meta HMD, and the SDK can be downloaded at https://devcenter.metavision.com, to the extent that it is made available to you for download.

The Firmware, SDK and other software products (collectively, "Product(s)") made available through the Meta Developer Center, located at https://dev.metavision.com/devcenter (the "Dev Center") are licensed, not sold, to you. Meta shall have sole discretion to determine and/or modify the availability, nature, features, content, versioning of the Meta SDK that it makes available to you for download, through the Dev Center or otherwise. As such, purchase of a Meta HMD does not entitle you to access to any specific features, content or version of the SDK, including and especially versions of the Meta SDK that have not yet been made available to the public.

Your license to each Product that you obtain through the Dev Center is subject to your prior acceptance of this Meta Developer Kit End User License Agreement ("EULA"), and you agree that the terms of this EULA will apply to each Product that you license through the Dev Center, unless that Product is covered by a valid end user license agreement between you and Meta or the Application Provider of that Product, in which case the terms of that separate end user license agreement will govern. Your license to any Meta Product under this EULA or separate end user license agreement is granted by Meta, and your license to any third-party Product under this EULA or separate end user license agreement is granted by the application provider of that third-party Product. Any Product that is subject to the license granted under this EULA is referred to herein as the "Product". The application provider or Meta as applicable ("Licensor") reserves all rights in and to the Product not expressly granted to you under this EULA.

A. Terms and Conditions; Scope of License; Limitations. Meta grants you a non-exclusive, non-transferable, limited right and license to use the Products solely in accordance with these Terms and Conditions. All rights not specifically granted herein are reserved by Meta and, as applicable, Meta’s licensors. This license confers no title or ownership in the Meta HMD or Products and should not be construed as an offer of sale or sale of any rights therein. You may not distribute or make the Product available over a network where it could be used by multiple devices at the same time. You agree not to: (a) sell, rent, lease, sublicense, distribute or otherwise transfer the Products without the express prior written consent of Meta; (b) reverse engineer, derive source code from, modify source code from, or decompile source code from the Product in whole or in part, or (c) make any commercial use of the Product without the prior written consent of Meta. Meta will have no obligation to provide any updates or upgrades to the Products, but in the event that it does, such updates, upgrades and any documentation will only be deemed part of the Product once made available to the public, and will be subject to these Terms and Conditions and this EULA.

B. Ownership. As between you and Meta, Meta will own all right, title, and interest in and to the Meta HMD and Products and any and all modifications, copies, or derivatives thereof or improvements thereto. You hereby assign any and all right, title and interest to any intellectual property rights, including trademark, patent, and copyright rights, in any modifications, derivatives, or improvements to the Meta HMD and Products you create. You must maintain any proprietary notices and attributions in any such derivatives, modifications or improvements to the Meta HMD and Products that you create. For avoidance of doubt, Meta and its assignees and licensees will be free to use such modifications, derivatives, or improvements without approval from you and without compensation or attribution to you, and you agree to provide source code and binary code to Meta upon request for any such modifications, derivatives, or improvements. You will have only the limited license to use the Meta HMD and Products in accordance with these Terms & Conditions and EULA.

C. Open Source Code.

Certain libraries in the Meta SDK are provided to the end user as open source code. These specific open source libraries are provided to authorized users subject to the 3-Clause BSD License, as described below:
Copyright (c) 2017, Meta Company. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the Meta Company nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL META COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Third Party Open Source Code Dependencies. The Meta SDK has a number of third party open source code dependencies. A list of those dependencies and their applicable licenses can be found in the SDK installer, as well as in the Notice file within the SDK file folder that is installed upon running the installation wizard.
D. This EULA does not grant permission to use the trade names, trademarks, service marks, or product names of Meta, except as required for reasonable and customary use in describing the Products or any element thereof. For example, META, META 1, META 2, META GLASSES, and the “M” and “META” logos are trademarks of Meta Company and may not be used without its express permission unless in compliance with this provision.

E. Consent to Use of Data. You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Product. Licensor may use this information to improve its products or to provide services or technologies to you.

F. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you will cease any and all use of the Product, and destroy all copies, full or partial, of the Product.

G. External Service; Third-Party Materials. The Product may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Service"). Use of the External Service requires Internet access and use of certain External Service requires you to accept additional terms.

You understand that by using any of the External Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Service at your sole risk and that neither the Licensor nor its agents will have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain External Service may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the External Service, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Neither the Licensor nor its agents warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

You agree that the External Service contains proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever, except as permitted by the External Service, and not in any manner that is inconsistent with the terms of this EULA or that infringes any intellectual property rights of a third party or Meta. No portion of the External Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Service, in any manner, and you will not exploit the External Service in any unauthorized way whatsoever, including but not limited to, using the External Service to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents are in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Service.

In addition, External Service and Third Party Materials that may be accessed from, displayed on or linked to from Meta devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Service and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Service and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Service at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Service. Licensor may also impose limits on the use of or access to certain External Service, in any case and without notice or liability.

H. IMPORTANT SAFETY INFORMATION ALWAYS BE AWARE OF YOUR SURROUNDINGS WHEN USING THE META HMD. TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR STAIRS, BALCONIES, WINDOWS, FURNITURE, OR OTHER ITEMS THAT CAN BE RUN INTO, TRIPPED OVER, OR KNOCKED DOWN WHEN USING THE META HMD. WHILE USING THE META HMD, DO NOT OPERATE A VEHICLE, USE IN WATER, HANDLE SHARP OR OTHERWISE DANGEROUS OBJECTS, OR ENGAGE IN ANY OTHER ACTIVITY WHERE VISION IMPAIRMENT FROM USE OF THE META HMD MAY RESULT IN A HAZARDOUS SITUATION TO YOU OR OTHERS. TO REDUCE THE RISK OF ELECTRIC SHOCK: 1. DO NOT EXPOSE THE META HMD TO WATER OR MOISTURE. 2. UNPLUG BEFORE CLEANING, AND CLEAN ONLY WITH A DRY CLOTH. 3. KEEP THE META HMD AWAY FROM OPEN FLAMES AND OTHER HEAT SOURCES. 4. DO NOT MODIFY OR DISASSEMBLE THE META HMD WITHOUT ASSISTANCE FROM A TRAINED ELECTRONICS PROFESSIONAL.

I. DISCLAIMER OF WARRANTY NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE META HMD, THE PRODUCT AND ANY SERVICE PERFORMED OR PROVIDED BY THE PRODUCT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE META HMD, THE PRODUCT AND ANY SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE META HMD AND PRODUCT, THAT THE FUNCTIONS CONTAINED IN OR SERVICE PERFORMED OR PROVIDED BY THE META HMD AND PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE META HMD AND OPERATION OF THE PRODUCT OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE META HMD AND PRODUCT OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SHOULD THE META HMD, THE PRODUCT OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

J. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR 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 OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL LICENSOR'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). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

K. Export Restriction. You may not use or otherwise export or re-export the Product except as authorized by the law of the United States of America and/or the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported or re-exported: (a) into any U.S.-embargoed countries; or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Product, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

L. Governing law; Jurisdiction and Venue. The laws of the State of California, without giving effect to any principles of conflicts of law, govern this license and your use of the Product. The parties submit to the exclusive jurisdiction and venue of any state and federal courts located in San Mateo County, California for any claims or proceedings arising out of or related to this EULA and the use of the Product, and waive any jurisdictional, venue or inconvenient form objections to such courts. Your use of the Product may also be subject to other local, state, national, or international laws.

M. Changes to EULA. Meta reserves the right to modify this EULA at any time. When Meta does so, Metal will also revise the “last updated” date at the top of the EULA. Meta encourages you to frequently review the EULA for any modifications. Your continued use of the Products after the date of any updates to this EULA will constitute your acceptance of the updated EULA.

N. General Provisions. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us you and Meta relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us you and Meta with respect to such subject matter. The failure by Meta to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Last updated June 9, 2017.