End User License Agreement
This is a legal agreement (“Licence”) between you (“You”) and Ultraleap Limited (incorporated and registered in England and Wales under company number 08781720) the registered office of which is at The West Wing, Glass Wharf, Bristol, England, BS2 0EL (We/Ultraleap) for:
- Pre-installed software on the Ultraleap Platform, including firmware and FPGA code,
- the downloadable Software Development Kit (SDK),
- the demo suite,
- Sensation Designer,
- the Sensation EditorTM, and
- any other relevant software provided by Ultraleap.
The Software may only be used in relation to either an Haptics Development Kit (HDK-REC192), Ultraleap TOUCH Development Kit, Evaluation Kit, STRATOS Explore Development Kit (“USX Hardware”), STRATOS Inspire Evaluation and Demonstration Kit (“USI Hardware”) or any other mid-air haptics hardware developed in collaboration with or by Ultraleap (each being an “Ultraleap Platform”)
Ultraleap licenses the Software to You on the terms in this Licence. Ultraleap may update this Licence from time to time, your use of the Software shall be governed by the latest version of this Licence. We do not sell the Software to You and We remain owners of the Software.
We may also include portions of third party code, functions, software or other material, details of which will be contained in the Software (together “Third Party Materials”). The Third Party Materials, although described in the Software, do not form part of the Software.
What does the Software do?
The Software is used to control the Ultraleap Platform and to create ultrasonic haptic feedback effects. The SDK control software, demo suite, Sensation Designer, Sensation Editor TM , or any other software developed by Ultraleap and shared directly with You are included with Your purchase of an Ultraleap Platform.
Ultraleap grants You a non-exclusive, non-sub-licensable, non-transferable licence to use the Software in object code form only for use in conjunction with an authorised Ultraleap Platform for: (i) Your personal use or internal business purposes; and (ii) Your development and testing of effects pre-commercial release, (iii) internal and external demonstrations of, or solutions incorporating the Ultraleap Platform and Software (“Installation”) such demonstrations being subject to prior approval in writing by Ultraleap.
UltraleapYou agree not to:
- copy the Software except for the normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
- rent, lease, publish, loan, translate, merge, adapt, vary or modify the Software;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Ultraleap Platform or Software or access or attempt to read the FPGA code except where this is allowed by relevant law; and
- bypass any security measures or digital watermarking in the Software.
The Software may only be used with an Ultraleap Platform and may not be used with third party hardware.
You must tell us in advance at [email protected] if you want to transfer or lend the Ultraleap Platform to another person or company so that we can register that person as the owner and license them to use the Software.
Should you require a commercialisation licence (an Enterprise Licence) please contact [email protected]
3. Intellectual Property
The Ultraleap Platform and Software is protected by copyright, patents and patent applications and trademarks owned by members of our corporate group. You may only use the Ultraleap Platform and Software as set out in this Licence. You must not remove any notices on the Ultraleap Platform and in the Software.
Ultraleap, the Ultraleap logo, Ultraleap, the Ultraleap logo, LEAP MOTION, the LEAP MOTION logo, STRATOS and Sensation Editor are trademarks of our corporate group.
4. Account Terms
You agree that You will keep Your account log-in details confidential and will not disclose them to any third party.
When using the Software, you will not:
- transmit any worms, viruses, trojans or other destructive code; or
- infringe the intellectual property rights of any third party.
If you become aware of any breach of this section, please email [email protected] immediately.
If We are notified or become aware of any suspected breach of this section we may suspend your access to Software updates.
Ultraleap has no obligation to provide You with any updates to the Software and cannot guarantee the availability of the Software.
Standard level account customers should consult our FAQ page for common problems and fixes. Although Ultraleap does not provide a support service for Standard level account customers, if You do have a question, please email [email protected].
6. No Warranties
THE SOFTWARE IS PROVIDED AS IS AND ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ULTRALEAP DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR MEET YOUR INDIVIDUAL REQUIREMENTS. WHERE WARRANTY LIABILITIES CANNOT BE EXCLUDED IT IS LIMITED AS SET OUT IN SECTION 8.
YOU AGREE TO INDEMNIFY ULTRALEAP, ITS DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FOR ANY DAMAGES, COSTS AND LIABILITIES (INCLUDING LEGAL COSTS) ARISING FROM ANY BREACH OF THIS LICENCE OR INFRINGEMENT OF ULTRALEAP’S INTELLECTUAL PROPERTY RIGHTS.
8. Limitation of Liability
You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the specification meets your requirements.
WE 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 LICENCE FOR:
(A) LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
(B) BUSINESS INTERRUPTION;
(C) LOSS OF ANTICIPATED SAVINGS;
(D) LOSS OR CORRUPTION OF DATA OR INFORMATION;
(E) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
(F) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
OTHER THAN THE LOSSES SET OUT ABOVE (FOR WHICH WE ARE NOT LIABLE), ULTRALEAP’S MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS LICENCE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE SUM OF $2000 PER SERIAL NUMBER AND ULTRALEAP PLATFORM PURCHASED BY YOU. 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 ENGLISH LAW.
THIS LICENCE SETS OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SUPPLY OF THE SOFTWARE AND DOCUMENTS. EXCEPT AS EXPRESSLY STATED IN THIS LICENCE, THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING ON US. ANY CONDITION, WARRANTY, REPRESENTATION OR OTHER TERM CONCERNING THE SUPPLY OF THE SOFTWARE WHICH MIGHT OTHERWISE BE IMPLIED INTO, OR INCORPORATED IN THIS LICENCE, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
ULTRALEAP EXPRESSLY EXCLUDES ANY LIABILITY FOR THIRD PARTY MATERIALS USED WITH THE SOFTWARE, INCLUDING THE THIRD PARTY MATERIALS DEFINED HEREIN.
We may terminate this Licence immediately if you breach the Licence and fail to remedy the breach within 14 days of being told to do so by Ultraleap.
If We terminate this Licence:
(a) all rights granted to you under this Licence shall cease;
(b) you must immediately stop using the Software; and
(c) you must immediately delete or remove the Software from all computer equipment in your possession.
10. Contact Information
Ultraleap can be contacted at [email protected] or The West Wing, One Glass Wharf, Bristol, England, BS2 0EL.
We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may only transfer your rights or your obligations under this Licence to another person if We agree in writing. If you want to lend or transfer the Ultraleap Platform to another person, please notify us first at [email protected] so that we can register that person as the owner and license them to use the Software.
This Licence sets out the entire agreement between us for the Software. We may update the terms of this agreement from time to time and this will be notified to you with Software updates.
Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
The terms of this Licence may not be enforced by anyone other than You or Ultraleap.
You will comply with all laws and rules relating to Your use of the Software, including the US Export Administration Regulations and any other relevant prohibitions or sanctions (Export Controls). You will not export the Ultraleap Platform or Software to anyone or any country in violation of Export Controls.
This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and subject to the non-exclusive jurisdiction of the English courts.