Terms and Conditions

LEIA, INC.

Mobile Holography Development Project

Terms and Conditions

These Terms and Conditions apply to your participation in our Mobile Holography Development Project (the “Project”). The Project is owned and operated by Leia, Inc. (“Leia”). The integrated development environment (“IDE”) and all other development tools, software, documentation and materials that may be provided to you in connection with the project (together with the IDE, the “Software”) are provided subject to these Terms and Conditions.

These terms and conditions AND the apache license, version 2.0each constitute a legal agreement BETWEEN YOU AND LEIA. Read them carefully. If you use any Software, you are consenting to these terms and conditions. If you do not agree with these terms and conditions, DO NOT USE THE SOFTWARE.

License Grants.

  1. Software License.Leia provides access to the IDE and other Software to you to enable you to develop applications that operate on Leia’s holography platform (“Applications”). Unless otherwise expressly stated, the IDE and all other Software are licensed to you under the Apache License, Version 2.0 (the “Apache License”), which can be downloaded and viewed at http://www.apache.org/licenses/LICENSE-2.0.
  1. Application License.In consideration of the rights granted to you by Leia under these Terms and Conditions, you hereby grant to Leia a worldwide, non-exclusive, perpetual, irrevocable, sublicensable license toaccess, use, reproduce, publicly perform and publicly display all or any portions of your Applications (including all Application content, Application names and your name and user name) on Leia’s website, marketing materials and through other websites and media for the purpose of displaying, demonstrating and promoting Leia’s holography platform, the Project and your Applications.

Termination. Notwithstanding anything to the contrary under the Apache License, Leia may limit or terminate your access to and use of the IDE and any other Software at any time, with or without cause and without liability to you or any third party.ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS WILL SURVIVE TERMINATION OF YOUR ACCESS TO OR USE OF ANY SOFTWARE OR ANY TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON.

Ownership. The Software is owned by Leia and its licensors. The Software is protected by copyright laws in the United States and in other countries through international treaties. You may not remove, alter or destroy any copyright, proprietary or confidential notices placed on or in the Software. You retain ownership of your Applications.

Trademarks.These Terms and Conditions do not grant you permission or any right or license to use any trade name, trademark, service mark or product names of Leia or any of its licensors or other third parties.

 

WARRANTY DISCLAIMER. THE ENTIRE RISK AS TO YOUR DOWNLOADING AND USE OF THE SOFTWARE AND ANY SOFTWARE PROGRAMMED BY YOU USING THE SOFTWARE IS WITH YOU. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND, TO THE EXTENT PERMITTED BY LAW, LEIA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR TRADE USAGE. Leia does not represent or warrant that the functions contained in the Software or results of using the Software will meet your requirements, or that the operation of the Software or any code, instructions or software programmed using the software will be uninterrupted or error-free.

LIMITATION ON LIABILITY.TO THE EXTENT PERMITTED BY LAW, LEIA, ITS AFFILIATES AND LICENSORS AND ITS AND THEIROFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOTBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SUCH DAMAGES ARISE IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF PROFITS, DATA OR BUSINESS.

 

If any remedy set forth in this Agreement is determined to have failed of its essential purpose, then all other provisions of this Agreement, including the limitations of liability, shall remain in full force and effect.

 General.

 

  1. Entire Agreement. These Terms and Conditions and the Apache License are the entire agreement between you and Leia, and supersede any prior agreement, whether written or oral, relating to the subject matter of these Terms and Conditions. In the event of a conflict between these Terms and Conditions and the Apache License, these Terms and Conditions will control.
  1. Governing Law; Jurisdiction. These Terms and Conditions are governed by the laws of the State of California without regard to its conflicts of laws principles. The parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco, California for the purposes of adjudicating any matter arising from or in connection with this Agreement. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

 

  1. Compliance With Laws. You agree to comply with all applicable laws, rules and regulations relating to the Software, any code, instructions or software developed using the Software, and performing under these Terms and Conditions and the Apache License.

 

  1. Waiver. No waiver of any provision of these Terms and Conditions or of any rights or obligations under these Terms and Conditions will be effective unless in writing and signed by the party waiving compliance.

 

  1. Severability. If any provision of these Terms and Conditions is ruled invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions.

 

  1. Export Compliance. You may not export or re‑export the Software without the appropriate United States or foreign government licenses.

 

  1. Assignment. You may not assign or otherwise transfer any of your rights or obligations under these Terms and Conditions, whether by operation of law or otherwise, without Leia’s prior written consent. Leia may freely assign these Terms and Conditions and its rights hereunder.

 

  1. No Third Party Beneficiaries. These Terms and Conditions do not create any third party beneficiary rights.

 

  1. Force Majeure. Leia will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control.