Application End User License Agreement (Default EULA)
Date of last revision: Tuesday, December 10, 2019
PLEASE NOTE: THE TEXT OF THIS DEFAULT EULA HAS BEEN PROVIDED FOR YOUR REFERENCE. THIS DEFAULT EULA IS INCLUDED IN AND FORMS PART OF MAGIC LEAP'S ACCOUNT TERMS AND CONDITIONS. CAPITALIZED TERMS USED IN THIS DEFAULT EULA ARE DEFINED IN THE ACCOUNT TERMS AND CONDITIONS.
Apps made available through Magic Leap World are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Default EULA or a Custom EULA between you and the App Licensor, if one is provided through Magic Leap World. Your license to any Magic Leap App under this Default EULA or a Custom EULA is granted by Magic Leap, and your license to any other App under this Default EULA or Custom EULA is granted by the applicable App Licensor of that App. The App Licensor reserves all rights in and to the App not expressly granted to you under this Default EULA or a Custom EULA. Nothing in this Default EULA will affect your legal rights under the laws applicable in your country or jurisdiction.
(a) Scope of License
The App Licensor grants to you a nontransferable license, unless and until this Default EULA is terminated, to install, access and use the App for your personal and noncommercial purposes on a hardware device manufactured by or on behalf of Magic Leap (each, a “Device”) owned or controlled by you. The terms of this Default EULA will govern any In-App Materials used within the App as well as upgrades provided by the App Licensor that replace or supplement the original App, unless such upgrade is accompanied by a Custom EULA. You may not distribute or make the App available over a network where it could be used by multiple Devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your Device to a third party, you must remove the App from the Device before doing so. You may not copy (except as permitted by this Default EULA), reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
This Default EULA is effective until terminated by you or the App Licensor. Your rights under this Default EULA will terminate automatically if you fail to comply with any of its terms.
(c) External Services
The App may enable access to the App Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services is at your sole risk. The App Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and will not be liable for any such third-party External Services. You will not use the External Services in any manner that is inconsistent with the terms of this Default EULA or that infringes the intellectual property rights of the App Licensor or any third party. You will not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and the App Licensor is not responsible for any such use. External Services may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. The App Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
(d) Warranty Disclaimer and Limits of Liability
(i) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP LICENSOR IS PROVIDING THE APP ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. THE APP LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APP (INCLUDING ANY IN-APP MATERIALS AVAILABLE THROUGH THE APP), WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, OR ACCURACY. THE APP LICENSOR DOES NOT WARRANT THAT YOUR USE OF THE APP (INCLUDING ANY IN-APP MATERIALS AVAILABLE THROUGH THE APP) WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. THE FEATURES AND FUNCTIONALITY OF THE APP (INCLUDING ANY IN-APP MATERIALS AVAILABLE THROUGH THE APP), MAY CHANGE AT ANY TIME AND THE APP LICENSOR DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES.
(ii) IN NO EVENT WILL THE APP LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APP (INCLUDING ANY IN-APP MATERIALS AVAILABLE THROUGH THE APP), WHETHER OR NOT THE APP LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE APP LICENSOR’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS DEFAULT EULA OR THE APP (INCLUDING ANY IN-APP MATERIALS AVAILABLE THROUGH THE APP), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE APP (OR IN-APP MATERIALS) GIVING RIGHT TO THE APPLICABLE CLAIM OR ONE HUNDRED DOLLARS ($100).
(iii) THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE APP LICENSOR AND YOU. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF THE APP LICENSOR FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE APP LICENSOR’S GROSS NEGLIGENCE IN CONNECTION WITH THE APPS; OR FOR (B) ANY DAMAGES CAUSED BY THE APP LICENSOR'S FRAUD OR FRAUDULENT MISREPRESENTATION, INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
(iv) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND THE APP LICENSOR’S LIABILITY WILL BE LIMITED TO THE EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW.
You will comply with all applicable laws and regulations and will not, without prior government authorization, export, re-export, or transfer any App, either directly or indirectly, in violation of such laws and regulations. You represent and warrant that you (i) are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (iii) have not been placed on the U.S. Commerce Department’s Denied Persons List;” and (iv) will not use any App if any applicable laws in your country prohibit you from doing so in accordance with these terms.
(f) Governing Law
This Default EULA and the relationship between you and the App Licensor will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. For Magic Leap Apps, the Arbitration Provision will apply to most claims or disputes, except as otherwise noted therein. This section (f) will apply to all disputes under this Default EULA except where required otherwise by applicable law.
(g) Commercial Items
The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.