PICO INTERACTIVE INC – SDK LICENSE TERMS
These license terms are between You ("You") and Pico Interactive, Inc. ("Pico") regarding Your use of the Pico Software Development Kit and any associated documentation, software code or other materials made available by Pico (collectively referred to in this agreement as the "SDK").
The SDK is made available by Pico to enable developers to build software applications for the Pico Platform.
BY INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT AND CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING USE AND FOR INTERNET-BASED SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE SDK.
- Use. You may use the SDK solely for the purpose of creating "Authorized Applications" which for the purpose of this license are applications, such as client-based applications, in object code form that are designed to run on Pico hardware devices. You are not authorized to pre-install or embed applications created using this SDK on third-party devices. You may not rent, lease or lend any of Your rights in the SDK or access to the Pico Services. You may reproduce the SDK, provided that You reproduce only complete copies, including without limitation all "read me" files, copyright notices, and other legal notices and terms that Pico has included in the SDK, and provided that You may not distribute any copy You make of the SDK.
- Scope of License. The SDK is licensed, not sold. This license only gives You some rights to use the SDK. Pico reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the SDK only as expressly permitted in this license. In doing so, You must comply with any technical limitations in the SDK that only allow You to use it in certain ways. You may not:
- work around any technical limitations in the SDK;
- reverse engineer, decompile or disassemble the SDK, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the SDK than specified in this license or allowed by, except and only to the extent applicable law expressly permits, despite this limitation; or
- publish the SDK for others to copy.
- Use of the services. Your use of the Pico Services is governed by the then-current TOUs which can be found on: http://pico-interactive/tos. If any SDK for which You are granted rights hereunder make use of the Pico Services (as governed by the applicable TOU), then those SDK rights are granted subject to your compliance with the applicable TOU.
- EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGdlATIONS. YOU MUST COMPLY WITH ALL UNITED STATES, AND INTERNATIONAL EXPORT LAWS AND REGdlATIONS, WHICH INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
- Support. Pico is not obligated to provide any technical or other support ("Support Services") for the SDK or Pico Services to You. However, if Pico chooses to provide any Support Services to You, Your use of such Support Services will be governed by then-current Pico policies. With respect to any technical or other information You provide to Pico in connection with the Support Services, You agree that Pico has an unrestricted right to use such information for its business purposes, including for product support and development. Pico will not use such information in a form that personally identifies You.
- Fees. Pico may choose in the future to charge for use of the SDK and/or Services. If Pico in its sole discretion chooses to establish fees and payment terms for such use, Pico will provide notice of such terms as provided in Section 10 below, and You may elect to stop using the SDK and/or Services rather than incurring fees.
- Termination. Pico reserves the right to discontinue offering the SDK and Pico Services or to modify the SDK and Pico Services at any time in its sole discretion. If You are dissatisfied with any aspect of the SDK or Pico Services at any time, Your sole and exclusive remedy is to cease using them. Notwithstanding anything contained in the license to the contrary, Pico may also, in its sole discretion, terminate or suspend access to the SDK and Pico Services to You or any end user at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if You breach this license and that Pico will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. Sections 8, 9, 11, 13 and 14 will survive termination of this license or any discontinuation of the offering of the SDK or Pico Services, along with any other provisions that wodld reasonably be deemed to survive such events.
- Reservation of Rights. Except for the licenses expressly granted under this license, Pico and its suppliers retain all right, title and interest in and to the SDK, Pico Services, and all intellectual property rights therein. You are not authorized to alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided under this license except as explicitly provided in this license or approved in advance in writing by Pico.
- Modifications; Notices. If we change this contract, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the SDK and Pico Services before the changes are in force. If you do not stop using the SDK or Pico Services, then your use of the SDK or Pico Services will continue under the changed contract. Pico may give notices to You, at Pico's option, by posting on any portion of http://pico-interactive/developers or by electronic mail to any e-mail address provided by You to Pico.
- Governing Law. If You acquired the SDK in the United States, California state law governs the interpretation of this license and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where You live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. If you acquired the SDK in any other country, the laws of that country apply.
- Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.
- Disclaimer of Warranty. The SDK is licensed "as-is." You bear the risk of using it. Pico gives no express or implied warranties, guarantees or conditions. You may have additional consumer rights under Your local laws which this agreement cannot change. To the extent permitted under Your local laws, Pico excludes the implied warranties of merchantability, fitness for a particdlar purpose and non-infringement.
- Limitation and Exclusion of Remedies and Damages. You can recover from Pico and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to
- anything related to the SDK, Pico Services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It applies even if Pico knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.