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Enterprise Tracking License



PARTIES

This Ultraleap Enterprise Licence (“Agreement”) is made between the individual or entity that accepts it (“you” / “your”) and Ultraleap. You accept this Agreement by continuing in the installation, use or distribution of the Ultraleap SDK or Ultraleap Software.

Updated 11th April 2024.

BACKGROUND AND PERMITTED USES

  • Ultraleap has developed the Ultraleap software that works with its hardware, and/or hardware enabled by Ultraleap to create a 3-D interaction space to precisely interact with and control software through non-touch gesturing.
  • You have purchased an item of Ultraleap hardware or Ultraleap enabled hardware.
  • Ultraleap wishes to license its software for use with such hardware.


AGREEMENT

  1. Defined terms. Capitalised terms bear the meanings given in section 17, at the end of this Agreement.
  2. Licence
    1. Use Licence (Ultraleap Software). Conditional on your compliance with the terms and conditions of this Agreement, Ultraleap grants to you a limited non-exclusive licence to install and use one copy of the Ultraleap Software for use only with one unit of the Hardware, for commercial or non-commercial purposes.
    2. Development Licence (SDK). Conditional on your compliance with the terms and conditions of this Agreement, Ultraleap hereby grants you a limited, non-exclusive, personal, revocable, non-sublicensable, and non-transferable licence to:
      1. install and use a reasonable number of copies of the SDK on computers owned or controlled by you for the purpose of developing and testing software applications that are for use in connection with the Ultraleap Software (each being an “Ultraleap Enabled Application”); and
      2. modify and incorporate into your Ultraleap Enabled Application any sample code provided in the SDK.
    3. Distribution Licence (Ultraleap Software). Conditional on your compliance with the terms and conditions of this Agreement, Ultraleap hereby grants you a limited, non-exclusive, personal, revocable, non-transferrable licence of Ultraleap’s intellectual property rights to the extent necessary to:
      1. copy and distribute (or have copied and distributed) the Ultraleap Software, solely as compiled with, incorporated into, or packaged with, the Hardware;
      2. copy and distribute (or have copied and distributed) the Ultraleap Redistributables, solely as compiled with, incorporated into, or packaged with, your Ultraleap Enabled Application; and
      3. sell, offer for sale, transfer, export and import or otherwise make available your Ultraleap Enabled Application solely alongside the use or sale of the Hardware.
    4. Multi-user Licence (Ultraleap Software). Conditional upon your compliance with the terms and conditions of this Agreement, Ultraleap hereby grants you a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable licence to use the Ultraleap Software in a multi-user environment (being an environment where multiple individuals are able to each access and use the Ultraleap Software, for example but not limited to, training applications available for use by multiple individuals in a business, location based entertainment applications where individuals are able to use the Ultraleap Enabled Applications, or kiosks displaying information or facilitating transactions).
  3. Restrictions. The licences granted to you in section 3 are subject to the following restrictions, as well as others listed in this Agreement:
    1. you may not use the SDK or the Ultraleap Software for applications relating to: (i) the production of tobacco or alcohol, (ii) the production or trade of weapons, (iii) casinos, gambling and equivalent enterprises, (iv) human cloning, human embryos, or stem cells, or (v) nuclear energy;
    2. you may not (without Ultraleap’s prior written permission) integrate, beyond simple attachment or connection, the Ultraleap Technology into any hardware product other than the Hardware;
    3. except as expressly permitted in section 2(c), you may not (i) publish, distribute, or copy the SDK or Ultraleap Software, and (ii) modify or create derivative works of the SDK or Ultraleap Software;
    4. except as expressly permitted in section 2(c), you may not, and may not allow any third party, directly or indirectly, to publish, post, or otherwise make available, the Ultraleap Redistributables;
    5. you may not make the Software available over a network where it could be used by multiple computers at the same time;
    6. you may not, and may not enable others to, distribute the Non-Redistributable Materials;
    7. you may not use the SDK or Ultraleap Software to create, or aid in the creation, directly or indirectly, of any software or hardware which provides hand tracking functionality or which is substantially similar to the features or functionality of Ultraleap products or would otherwise reasonably be considered to directly compete with Ultraleap;
    8. you may not, and may not enable others to, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct, identify, or discover any source code, underlying ideas, techniques, or algorithms in the Ultraleap Technology, nor attempt to circumvent any related security measures;
    9. you may not remove, obscure, or alter any proprietary rights or confidentiality notices within the Ultraleap Software or SDK, or any software, documentation, or other materials in it or supplied with it;
    10. you must not allow the Ultraleap Software or SDK to fall under the terms of any licence which would obligate you or Ultraleap to make available or publish any part of the Ultraleap Software or SDK;
    11. you may not create Ultraleap Enabled Applications or other software that prevent or degrade the interaction of applications developed by others with the Ultraleap Software or SDK; and,
    12. you may not represent functionality provided by any Ultraleap Technology as your technology or the technology of any third party. For example (without limitation) you may not describe any application, technology, or feature developed or distributed by you that incorporates Ultraleap technology as your gesture or touchless control technology without providing attribution to Ultraleap.
  4. Updates. The terms of this Agreement will apply to any Updates which Ultraleap (at its sole discretion) makes available to you. You agree that Updates may require you to change or update your Ultraleap Enabled Application, and may affect your ability to use, access, or interact with the Ultraleap Software and/or the Hardware, and/or the SDK. You are solely responsible for turning off any auto-update functionality of the Ultraleap Software.
  5. Trademarks and Marketing.
    1. Conditional upon compliance with the terms and conditions of this Agreement, Ultraleap grants you a limited, non-exclusive, personal, licence to reproduce and use Ultraleap trademarks solely to (i) mark the Ultraleap Technology and/or Ultraleap Enabled Application, (ii) produce and make available related collateral, and (iii) to promote and market your Ultraleap Enabled Application, in each case solely in accordance with the Ultraleap trademark guidelines that Ultraleap may provide to you from time to time.
    2. Unless otherwise agreed by Ultraleap, for so long as Ultraleap Technology is included with the Ultraleap Enabled Application or Hardware, you must identify on the packaging of such, the loading screen and start-up messages, and on your website and marketing collateral (in each case, where applicable), as prominently as other listed features and functionality, that Ultraleap Technology is included, in accordance with the Ultraleap trademark guidelines that Ultraleap may provide to you from time to time. All references to Ultraleap or Ultraleap Technology will be subject to Ultraleap’s prior approval, which will not be unreasonably withheld.
    3. Unless and/or until you provide written notice opting out, Ultraleap may at its option mention you and your products using Ultraleap Technology in Ultraleap’s press releases, press briefings, social media accounts, and/or website, and may use your trademarks for such purpose. You grant to Ultraleap and its Affiliates a non-exclusive, worldwide and royalty-free limited licence to use, reproduce, display, perform, publish and distribute screenshots, elements, assets, photographic, graphic or video reproductions or fragments of your Ultraleap Enabled Application in any medium or media, solely for purposes of promotion of your Ultraleap Enabled Application or of Ultraleap and its technology and business. Opting out shall not limit Ultraleap’s right to redistribute, either fully or partially, in a materially unaltered form, any material released publicly by you connected with your usage of the Ultraleap Technology on social media, blogs, or analogous platforms. The rights set out in this section 6(c) will survive termination of this Agreement.
  6. End User Licensing and Other Licences.
    1. Example code made publicly available by Ultraleap on its developer website may be provided subject to the Apache 2.0 licence, this Agreement, or other licences, as specified in the notice or readme files distributed with the example or in related documentation. The SDK may otherwise include software or other materials that are provided under a separate licence agreement, and that separate licence will govern the use of such software or other materials in the event of a conflict with this Agreement. Any such separate licence agreement may be indicated in the licence, notice, or readme files distributed with the applicable software or other materials or in related documentation.
    2. In the event that End Users are not being presented with a licence agreement through the Ultraleap Software installer, you must either (i) require End Users of your Ultraleap Enabled Application to affirmatively agree to this Agreement, or (ii) require End Users to affirmatively agree to your own end user licence agreement that incorporates the key provision of this Agreement and protects Ultraleap at least as much as this Agreement.
    3. Section 6(b) shall not apply to users using the Ultraleap Software in a multi-user environment pursuant to Section 2(d), subject to the organisation in control of such multi-user environment having agreed to a licence in accordance with section 6(b) as if it were an End User.
  7. High Risk Uses and Waiver.
    1. Notwithstanding anything in this Agreement, you are not licensed to, and you agree not to, use, copy, sell, offer for sale, or distribute the Ultraleap Technology (whether compiled with, incorporated into, or packaged with your Ultraleap Enabled Application or any other hardware or software product or otherwise), for or in connection with uses where failure or fault of the Ultraleap Technology or your Ultraleap Enabled Application could lead to death or personal injury, or to severe property or environmental damage (“High Risk Use”). Any such use is strictly prohibited.
    2. If you choose to use the Ultraleap Technology in contravention of section 7(a) you hereby: (i) assume all risk that use of the Ultraleap Technology and/or such other software by you or by any others causes any harm or loss, including to the End User or other users of your Ultraleap Enabled Applications or to third parties; (ii) waive, on behalf of yourself and your Authorised Users, all claims against Ultraleap and its Affiliates related to such use, harm or loss (including, but not limited to, any claim that Ultraleap Technology is defective); and, (iii) agree to hold Ultraleap and its Affiliates harmless from such claims.
  8. Confidentiality and Data Privacy.
    1. You acknowledge and agree that Ultraleap may share alpha or beta software or hardware with you that it identifies as non-public. If so, you agree not to disclose such software or hardware to others without the prior written consent of Ultraleap until the time, if any, it is made public by Ultraleap, and to use such software or hardware only as expressly permitted by Ultraleap. Without limitation to the foregoing, the distribution licence set out in section 3(I) shall not apply to any alpha or beta software which may be shared with you.
    2. Ultraleap may collect personal information provided by you or your Authorised Users to Ultraleap or any group company of Ultraleap in connection with the Software and SDK, and may collect other information from you or your Authorised Users, including technical, non-personally identifiable and/or aggregated information such as usage statistics, hardware configuration, problem/fault data, IP addresses, version number of the SDK, information about which tools and/or services in the SDK are being used and how they are being used, and any other information described in Ultraleap’s privacy policy, currently available at https://www.ultraleap.com/privacy-policy/. This feature can be disabled within the SDK and the Ultraleap Software. Ultraleap may use the information collected to facilitate the provision of Updates and other services to you, to verify compliance with, and enforce, the terms of this Agreement, to improve the Ultraleap Technology, and for any other purposes set out in Ultraleap’s privacy policy (these uses, collectively, are “Permitted Uses”). The information collected may be transferred to, stored, and processed in a destination outside the European Economic Area, including (without limitation) by our staff around the world. By submitting information about you and/or your Authorised Users to Ultraleap through your access and use of the SDK, you consent to Ultraleap’s collection and use of the information for the Permitted Uses and represent that you have obtained all consents and permits necessary under applicable law to disclose your Authorised Users’ information to Ultraleap for the Permitted Uses. You further agree that Ultraleap may provide any information collected under this Section 8(b), including your or your Authorised Users’ user name, address or other identifying information to law enforcement authorities or as required by applicable law or regulation.
  9. Ownership and Feedback.
    1. As between you and Ultraleap, Ultraleap owns all right, title, and interest, including all intellectual property rights, in and to the Ultraleap Technology, and all documentation associated with the foregoing, other than any third party software or materials incorporated into the SDK. You agree not to contest Ultraleap’s ownership of any of the foregoing.Subject to Section 10(a), Ultraleap agrees that it obtains no right, title, or interest from you (or your licensors) under this Agreement in or to your Ultraleap Enabled Applications, including any intellectual property rights which subsist in those Ultraleap Enabled Applications.
    2. Feedback. You may (but are not required to) provide feedback, comments, and suggestions (collectively “Feedback”) to Ultraleap. You hereby grant to Ultraleap a non-exclusive, perpetual, irrevocable, paid-up, transferrable, sub-licensable, worldwide licence under all intellectual property rights covering such Feedback to use, disclose, and exploit all such Feedback for any purpose.
  10. Your Obligations and Warranties. In addition to your other obligations under this Agreement, you warrant and agree that:
    1. you have the right and authority to enter into this Agreement on your own behalf and that of your Authorised Users and this Agreement;
    2. you will use the Ultraleap Software only in accordance with all accompanying documentation, and in the manner expressly permitted by this Agreement; and
    3. your use of the Ultraleap Software, and the marketing, sales and distribution of your Ultraleap Enabled Application, will be in compliance with all applicable laws and regulations and all UK, U.S. and local or foreign export and re-export restrictions applicable to the technology and documentation provided under this Agreement (including privacy and data security laws and regulations), and you will not develop any Ultraleap Enabled Application which would commit or facilitate the commission of a crime, or other tortious, unlawful, or illegal act.
  11. Term and Termination.
    1. Term. This Agreement will continue to apply until terminated by either you or Ultraleap as set out below.
    2. Termination by You. If you want to terminate this Agreement, you may terminate it by uninstalling and destroying all copies of the Software and SDK that are in the possession, custody or control of you, your Authorised Users and your organisation.
    3. Termination by Ultraleap. Ultraleap may terminate this Agreement in the case of: (i) your uncured material breach, on thirty days’ notice; or, (ii) material breach not capable of cure, immediately upon notice; or (iii) this Agreement resulting in illegality, immediately on notice; or, (iv) this Agreement resulting in what would reasonably be considered a risk of serious reputational harm to Ultraleap, on thirty days’ notice.
    4. Effect of Termination. Upon termination of this Agreement, all rights granted to you under this Agreement will immediately terminate and you must immediately cease all use and destroy all copies of the SDK in your and your Authorised Users’ possession, custody or control, and, except as specifically set out in Section 11, cease your distribution of Ultraleap Enabled Applications. Sections 4, 5(c), 8(a), 9, 11(e), 13-16, will survive termination of this Agreement.
    5. Effect of Termination on End Users. Termination of this Agreement for any reason will not affect the licence rights of any End Users arising prior to termination.
  12. Indemnification. You agree to indemnify, hold harmless and, at Ultraleap’s option, defend Ultraleap and its Affiliates and their respective officers, directors, employees, agents, and representatives harmless from any and all judgments, awards, settlements, liabilities, damages, costs, penalties, fines and other expenses (including court costs and reasonable attorneys’ fees) incurred by them arising out of or relating to any third party claim (a) with respect to your Ultraleap Enabled Application, including products liability, privacy, or intellectual property infringement claims, or (b) based upon your negligence or wilful misconduct or any breach or alleged breach of your representations, warranties, and covenants under this Agreement. In no event may you enter into any settlement or like agreement with a third party that affects Ultraleap’s rights or binds Ultraleap or its Affiliates in any way, without the prior written consent of Ultraleap.
  13. Warranty Disclaimer. THE SDK, THE ULTRALEAP SOFTWARE AND THE ULTRALEAP REDISTRIBUTABLES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ULTRALEAP, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL REPRESENTATIONS, PROMISES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SDK, THE ULTRALEAP SOFTWARE AND THE ULTRALEAP REDISTRIBUTABLES, INCLUDING THEIR CONDITION, AVAILABILITY, OR THE EXISTENCE OF ANY LATENT DEFECTS, AND ULTRALEAP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SUITABILITY, AND FITNESS FOR ANY PURPOSE. ULTRALEAP DOES NOT WARRANT THAT THE SDK, THE ULTRALEAP SOFTWARE OR THE ULTRALEAP REDISTRIBUTABLES WILL BE ERROR-FREE OR THAT THEY WILL WORK WITHOUT INTERRUPTION.
  14. Limitation of Liability.
    1. ULTRALEAP SHALL NOT IN ANY CIRCUMSTANCES WHATEVER BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT FOR:
      1. LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
      2. BUSINESS INTERRUPTION;
      3. LOSS OF ANTICIPATED SAVINGS;
      4. LOSS OR CORRUPTION OF DATA OR INFORMATION;
      5. LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
      6. ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
    2. OTHER THAN THE LOSSES SET OUT ABOVE (FOR WHICH ULTRALEAP IS NOT LIABLE), ULTRALEAP’S MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO $1,000 (ONE THOUSAND US DOLLARS). THIS MAXIMUM CAP DOES NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM ULTRALEAP’S NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
    3. THE AGREEMENT SETS OUT THE FULL EXTENT OF ULTRALEAP’S OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SUPPLY OF THE ULTRALEAP DEVICES, DELIVERABLES AND SOFTWARE. EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING ON ULTRALEAP. ANY CONDITION, WARRANTY, REPRESENTATION OR OTHER TERM CONCERNING THE SUPPLY OF THE ULTRALEAP TECHNOLOGY WHICH MIGHT OTHERWISE BE IMPLIED INTO, OR INCORPORATED IN THE AGREEMENT WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.
  15. Miscellaneous
    1. Assignment. You may not assign this Agreement without the prior written consent of Ultraleap. Any assignment without such consent is void and of no effect. Ultraleap may assign this Agreement without your consent in connection with (i) a merger or consolidation of Ultraleap, (ii) a sale or assignment of substantially all its assets, or (iii) any other transaction which results in another entity or person owning substantially all of the assets of Ultraleap, or (iv) to any of its Affiliates. In the event of a permitted assignment, this Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
    2. Waiver; Severability. The failure of the other party to enforce any rights under this Agreement will not be deemed a waiver of any rights. The rights and remedies of the parties in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
    3. Reservation. All licences not expressly granted in this Agreement are reserved and no other licences, immunity or rights, express or implied, are granted by Ultraleap, by implication, estoppel, or otherwise. The software in the SDK and the Ultraleap Software is licensed, not sold.
    4. Export Restrictions. The Ultraleap Software is subject to United States and UK export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Ultraleap Software. These laws include restrictions on destinations, end users, and end use.
    5. Governing Law and Jurisdiction. This Agreement will be exclusively governed by and construed under the laws of either:
      1. New York state, if you are based in the USA, Canada or Mexico; or
      2. England, if based elsewhere, in either case without reference to or application of rules governing choice of laws. All disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of courts of either:
      3. New York, if you are based in the USA, Canada or Mexico; or
      4. England, if based elsewhere. Your consent to such jurisdiction notwithstanding, Ultraleap may apply to any court or tribunal worldwide including but not limited to those having jurisdiction over you or your Authorised Users, to seek injunctive relief.
    6. Relationship of the Parties. This Agreement does not create any agency, partnership, or joint venture relationship between Ultraleap and you. This Agreement is for the sole benefit of Ultraleap and you (and indemnified parties), and no other persons will have any right or remedy under this Agreement.
    7. Notices. The address for notice to Ultraleap under this Agreement is:
      1. if you are based in the USA, Mexico or Canada, 95 Federal St., San Francisco, CA 94107, USA; or
      2. if you are based elsewhere, Ultraleap Limited, The West Wing, Glass Wharf, Bristol, BS2 0EL, UK, and to [email protected]. Ultraleap may provide you notice under this Agreement by email or other electronic communication. You agree that any such notices by Ultraleap will satisfy any legal communication requirements.
    8. Entire Agreement. This Agreement is the entire understanding of the parties regarding its subject matter and supersedes any previous or contemporaneous communications, whether oral or written, regarding such.
  16. Supplemental Terms Applicable to the Use of Image API
    1. You and/or your Ultraleap Enabled Application may access the Image API and use image data available through the Image API only for the purpose of developing and testing Ultraleap Enabled Applications, and only for use with the Hardware. You may not use the Image API to develop or aid development of competing motion tracking hardware or software. Any use of the Image API is subject to the terms of the Agreement.
    2. If you or your Ultraleap Enabled Application collects, uploads, stores, transmits, or shares images, videos, or other personal information available through the Image API, either through or in connection with your Ultraleap Enabled Application, you must expressly provide users with your privacy policy and adhere to it.
    3. You must obtain specific, opt-in consent from the user for any use that is beyond the limited and express purpose of your Ultraleap Enabled Application.
    4. You and your Ultraleap Enabled Application must use and store information collected from users securely and only for as long as it is required.
    5. You agree that you will protect the privacy and legal rights of users, and will comply with all applicable criminal, civil, and statutory privacy and data protection laws and regulations.
  17. Definitions.Whenever capitalised in this Agreement:”Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with, another entity. “Authorised Users” means your employees and contractors, members of your organisation or, if you are an educational institution, your faculty, staff and registered students, who (a) have a demonstrable need to know or use the Ultraleap Software in order to develop and test Ultraleap Enabled Applications on your behalf and (b) each have written and binding agreements with you to protect against the unauthorised use and disclosure of the Ultraleap Software consistent with the terms and conditions of this Agreement. Authorised Users do not include End Users. “End User” means (a) you (if you are the end user of the Ultraleap Software) and/or (b) your end user customer(s) or licensee(s). It shall not mean any individuals who make use of the Hardware in a multi user environment pursuant to the multi user licence granted in section 3(d). “Hardware” means either (a) the Ultraleap Hardware; or (b) where agreed by Ultraleap in writing, any other hardware product either made by or for Ultraleap; or (c) where agreed by Ultraleap in writing, any other hardware product integrating or optimised for use with the Ultraleap Technology. In each such case Hardware shall be a device that detects and reads movements within a 3-D interaction space to precisely interact with and control software on a computing device, or an Ultraleap manufactured or authorised embedded optical module. “Image API” Programmatic developer access to infra-red images obtained from the Hardware camera sensor. “Non-Redistributable Materials” means the Ultraleap Software, and any other code, files or materials that are not specifically designated in the SDK as made available for incorporation into Ultraleap Enabled Applications or that are specifically designated in the SDK as not subject to distribution. “SDK” means, collectively, the Ultraleap Redistributables, tools, APIs, sample code, software, documentation, other materials and any updates to the foregoing that may be provided or made available to you by Ultraleap or by a reseller of Ultraleap Technology, or that can be acquired via the Ultraleap developer portal for use to develop Ultraleap Enabled Applications. “Ultraleap” “we” or “us” means either:
    1. if you are based in the USA, Canada, or Mexico, Ultraleap Inc., a Delaware corporation with its offices at 95 Federal St., San Francisco, CA 94107, USA; or
    2. if you are based elsewhere, Ultraleap Limited, a company registered in England & Wales with company number 08781720, with a principal place of business at The West Wing, Glass Wharf, Bristol, BS2 0EL, UK.
    “Ultraleap Hardware” means, in an unmodified form either the Stereo IR 170, Stereo IR 170 EK, or Leap Motion Controller 2 including any ancillary Ultraleap equipment such as cables or mounts. “Ultraleap Redistributables” means any .lib code, .dll files, .so files, sample code, or other materials we specifically designate in the SDK as made available for incorporation into or distribution with Ultraleap Enabled Applications. “Ultraleap Software” means the v5 Hand Tracking Software Ultraleap core services application and related applications that interact with the Hardware and an operating system to make motion control functionality, and includes any Updates thereto. “Ultraleap Technology” means the Ultraleap Software, the SDK, any other software issued by Ultraleap to you from time to time, and any Hardware that is manufactured by or for Ultraleap. “Updates” means updates, upgrades, modifications, enhancements, revisions, new releases or new versions to the Software that Ultraleap may make available to you at its sole discretion in connection with this Agreement. Other capitalised terms used in this Agreement have the meaning given them elsewhere in this Agreement.