Terms of Sale

 

 

Terms of Sale
Meta Augmented Reality Head-Mounted Display

1. SCOPE & APPLICATION:
THESE TERMS OF SALE (THESE “TERMS”) APPLY TO ALL PRE-ORDERS, OFFERS, SALES AND PURCHASES OF META HEAD MOUNTED DISPLAYS (THE “PRODUCT”) SOLD THROUGH THE META WEBSITES. WE RESERVE THE RIGHT TO AMEND OR UPDATE THESE TERMS AT ANY TIME BY POSTING SUCH AMENDED OR UPDATED TERMS ON THE META WEBSITE; YOUR CONTINUED USE OF THE META WEBSITE OR PURCHASE OF PRODUCTS AFTER THE POSTED CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH META, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

References to (A) “Us,” “We,” “our” or “Meta” are construed to mean Meta Company and its affiliates and (B) “you” or “your” is construed to mean the purchaser of the Product through the Meta Websites. Capitalized terms not defined in these Terms of Sale will have the meaning set forth in the Terms of Use available at: https://www.metavision.com/legal#terms. The Terms of Use apply generally to the use of the Meta Websites, you should also review our Privacy Policy available at: https://www.metavision.com/legal#privacy, before placing an order for Products through the Meta Websites.

2. PURCHASES ARE FINAL:
ONCE CONFIRMED, ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE APPLICABLE CANCELLATION POLICY AND EXCHANGE POLICY SET FORTH BELOW.

3. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE; CANCELLATION POLICY:
3.1 Any prices, quotations and descriptions made or referred to on the Meta Websites with respect to the Product are subject to availability, may be withdrawn or revised at any time at Meta’s sole discretion prior to our express acceptance of your pre-order or order (as described below), and therefore do not constitute a bona fide offer of sale.

3.2 While we make every effort to ensure that items appearing on the Meta Websites are available, we cannot guarantee that all items are in stock, immediately available, or available for distribution or delivery in all parts of the Territory (as defined below) when you submit your pre-order or order. We may reject your pre-order or order (without liability) if we are unable to process or fulfill it for any reason. If this is the case, we will refund any prior payment that you have made for that item if any such payment has been made.

3.3 A pre-order or order submitted by you constitutes an offer by you to Meta to purchase the Product on these Terms and is subject to our subsequent acceptance.

3.4 Our acceptance of your pre-order or order takes effect and a contract of sale is concluded at the point where such offer is expressly accepted by us, evidenced by Meta dispatching your order and accepting your credit card or other payment (“Acceptance“).

3.5 Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your pre-order or order.

3.6 Your placement of a pre-order does not create a contract for sale for a Product not offered for sale by Meta. By placing a pre-order for a Product that is not yet available for sale, you make an offer to Meta to purchase the Product subject to these Terms. Upon the placement of a pre-order, Meta will obtain an authorization from your bank or payment card company, which will not result in any charge to you. An authorization from your bank or payment card company may stay open for several days or weeks before a charge is actually made upon Meta’s acceptance of your offer to purchase a Meta product. Subject to Section 3.7, you may cancel your offer to purchase the Product at any time prior to shipment, and you will not be charged if you do so. When the Product is offered for sale, Meta may accept your offer to purchase Products subject to these Terms. At that time, Meta will capture payment on the payment method you provided and will subsequently ship your Product. Meta may obtain additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.

3.7 Cancellation Policy. After Acceptance, you may not modify or cancel your pre-order or order without our prior written consent; provided, however: (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, including but not limited to (i) our inability to process or fulfill the order; (ii) you are in a country where the Product cannot be purchased or shipped; and (iii) your order does not comply with any applicable Terms, and in such event, we will issue you a credit or refund for any amounts already paid; and (b) for any pre-orders of the Product (as specifically identified on the Meta Websites), you are permitted to cancel your pre-order up until such time as the Product has been shipped by emailing support@metavision.com with your cancellation request. The foregoing collectively constitutes our “Cancellation Policy”.

4. PRICE AND TERMS OF PAYMENT:
4.1 Prices payable for the Product may be indicated on the Meta Websites or, an acknowledgement, but the authoritative price – in the event of any discrepancy – is the price that is notified to you on our Acceptance. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

4.2 We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs, including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in the Product descriptions or errors in pricing prior to Product dispatch. In such event, if you choose to continue with fulfillment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price. 4.3 The locations to which we deliver the Product are listed on the Meta Websites (“Territory“).

4.4 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Meta Websites); and (b) VAT and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Product as such costs are specified by us on the Meta Websites when you submit your order.

4.5 Payment will be made prior to delivery and by such methods as are indicated on the Meta Websites (and not by any other means unless we have given our prior agreement). Credit card payments, including recurring charges, are handled through our third party payment processor. Our third party payment processor will collect and may retain your credit card information in order to process your payment, including payment for your purchases of Product, and all payments are subject to the third party payment processor’s applicable policies. For more information about your use of third party service providers, please review our Privacy Policy at: https://www.metavision.com/legal#privacy.

4.6 By submitting an order or pre-order to Meta, you authorize Meta to charge your order to the payment method provided. You represent and warrant that: (i) the payment method information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for purchase, (iii) charges incurred by you will be honored by your payment method provider, (iv) you will pay the charges incurred by you at the posted prices, including all applicable taxes and shipping costs, if any; and (v) if any details related to your payment method change while you are waiting for our acknowledgment, you will email Meta at support@metavision.com with the updated payment information. Additional terms and conditions of your payment method provider may apply to your purchase. We will charge the payment method you provided upon Acceptance and prior to shipment of the Product. We reserve the right to verify credit or debit card payments prior to Acceptance. Meta may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable. You are responsible for resolving any payment problems.

5. DELIVERY AND RISK:
5.1 Delivery timelines/dates specified on the Meta Websites, in any order acknowledgement, Acceptance or elsewhere are estimates only. While we will endeavor to meet such timelines or dates, we do not undertake, promise or warrant to dispatch the Product by a particular date or dates and will not be liable to you in respect of delays or failure to do so.

5.2 Delivery will be to a valid address within the Territory submitted by you (“Delivery Address”), and subject to Acceptance. You must check the Delivery Address on any acknowledgement or Acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.

5.3 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject the Product in whole or in part by reason of short delivery and will pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 5 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you will pay for the quantity actually delivered. Such notifications can be sent to support@metavision.com.

5.4 Except as otherwise provided in these Terms, risk of loss of or damage to the Product passes to you upon delivery, or when the Product is placed in your possession or that of any carrier or transport provided by you, whichever occurs first.

6. REJECTION, DAMAGE OR LOSS IN TRANSIT; EXCHANGE POLICY:
6.1 Except as set out as part of the “Exchange Policy” set forth below, and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:

6.1.1 We will not be liable and you will not be entitled to reject the Product, except for: (a) damage to or loss of Product or any part thereof in transit (where the Product are carried by our own transport or by a carrier on our behalf) where notified to us within 5 business days of receipt of the Product (the foregoing constitutes our “Exchange Policy“) in accordance with the Exchange Policy procedures set forth in Section 6.2 below;

6.1.2 We will not be liable for any damage or losses arising from: (a) defective installation or use of the Product; (b) the use of the Product in connection with other defective, unsuitable or defectively installed equipment; or (c) your negligence, improper use or use in any manner inconsistent with our or any other manufacturer’s specifications or instructions.

6.1.3 Where these is a shortage or failure to deliver, or any damage to the Product, we may, in our sole discretion, and at our option: (a) in the case of Product shortage or non-delivery, make good on any such shortage or non-delivery; and/or (b) in the case of damage to the Product and in accordance with the Exchange Policy, replace, exchange or repair the Product upon you returning the Product in accordance with the Exchange Policy procedures set forth below.

6.2 Exchange Policy Procedures. If the event of damage to the Product meeting the terms and conditions of the Exchange Policy, you should email support@metavision.com within 5 business days of receipt of the Product, and you will arrange for delivery and return of the damaged Product (which must include all original packaging, hardware, accessories materials, and documentation) at your sole expense. You bear the risk of loss during shipment. Upon receipt by us of the returned Product (including all original packaging, hardware, accessories materials, and documentation), and verification of the damage, we will ship out to you a replacement Product, or repaired Product, in Meta’s sole discretion, as soon as reasonably possible.

6.3 Exchange Policy Limitations. Your rights of repair or replacement of the Product or any part or parts thereof as part of the Exchange Policy will in all cases be negated or rendered void where: (a) the Product has been modified or altered by persons other than us or any authorized dealer; (b) the Product has not been returned together with full details in writing of the alleged damage in accordance with the Exchange Policy; and/or (c) the damage to the Product is due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any instructions or other directions issued or made available by us in connection with the delivered Product.

7. SOFTWARE:
Purchase of the Product does not entitle you to ownership or a license to any software generated by Meta for use with the Product (the "Software"). To the extent that Meta, in its sole discretion, grants you access to any such Software, the Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Product and/or on the Meta Websites (the “License Terms“).

Specifically, Meta shall have sole discretion to determine and change the availability, nature, features, content, versioning of any Software that it makes available to you, for download through the Dev Center or otherwise (including the Meta software developer kit ("SDK")). Purchase of a Product does not entitle you to access to any specific features, content or version of the SDK, including and especially versions of the SDK that have not yet been made available to the public. Meta will have no obligation to provide any updates or upgrades to any Software it makes available to you, but in the event that it does, such updates, upgrades and any documentation will be subject to the License Terms available at https://www.metavision.com/legal#eula (the "EULA").

Except to the extent expressly provided by us in writing or under the License Terms, the Software is provided “AS IS” without any warranties, terms or conditions as to quality, fitness for purpose, non-infringement, performance or correspondence with description and we do not offer any warranties or guarantees in relation to the Software installation, configuration or error/defect correction. You are advised to refer to the EULA, for further information regarding the license and use of the Software.

8. LIABILITY LIMITATION:
8.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED WHICH IS RELATED TO OR GIVES RISE TO YOUR CLAIMS; AND (B) IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.

SOME STATES DO NO ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. 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.

10. PRODUCT SPECIFICATIONS; DISCLAIMER OF WARRANTIES
10.1 All Product specifications, illustrations, drawings, images, particulars, dimensions, performance data and other information on the Meta Websites or made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Product will conform with the same. The Product that is shipped to you may vary from these images or specifications.

10.2 THE PRODUCT IS PROVIDED WITHOUT ANY WARRANTIES OR SUPPORT OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND WILL BE BINDING ON OR OBLIGATE US. THE PRODUCT IS EXPRESSLY PROVIDED TO YOU “AS IS.” WE DO NOT AND WILL NOT PROVIDE ANY TECHNICAL OR CUSTOMER SUPPORT FOR THE PRODUCT WHATSOEVER. IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED WITH RESPECT TO THE PRODUCT AND THE USE THEREOF, IT IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE USE OR OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR ALL RISKS RELATING TO THE USE OF THE PRODUCT AND THE QUALITY AND PERFORMANCE OF THE PRODUCT AND ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION EXCEPT AS EXPRESSLY SET FORTH AS PART OF THE EXCHANGE POLICY. THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OR LIMITATION OF WARRANTIES, SO THE ABOVE DISCLAIMER OR LIMITATION MAY NOT APPLY TO YOU.

11. CONSENTS, CUSTOMS DUTIES & EXPORT
11.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Product by you in any part of the Territory, you will obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Any additional expenses or charges incurred by us resulting from such failure will be met by you.

11.2 Product licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use the Product. You may not use or otherwise export or re-export the Product except as authorized by United States law and 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 purchasing 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.

11.3 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g., where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you, since we have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.

12. GENERAL
12.1 We will not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.

12.2 You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us with respect to the purchase of Products. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.

12.3 To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future – subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.

12.4 No waiver of any term or condition of these Terms will be effective unless made in writing and signed by us. The waiver of any breach of any Term will not be construed as a waiver of any subsequent breach or condition.

12.5 The construction validity and performance of these Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of law. 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 these Terms or the purchase of Products, and waive any jurisdictional, venue or inconvenient form objections to such courts.

Last modified on August 24, 2016.

Meta Licensed Software Notices (EULA)

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://dev.metavision.com/devcenter, 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.