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Audience Entertainment Software Development Toolkit (“SDK”) End User License Agreement

The SDK is licensed, not sold, by Audience Entertainment LLC (“AE”). By downloading, installing, accessing, or using the software, you accept all terms in this agreement. If you do not accept them, do not download, install, access, or use the software. "You" or "you" means the individual who downloads, installs, accesses, or uses the software (and, if you represent a legal entity, it also means that entity, and you represent and warrant that you are authorized to enter into this agreement for that entity).

If you comply with these license terms, you have the rights below.

  1. INSTALLATION AND USE RIGHTS.
    1. Installation and Use. You may (i) install and use any number of copies of the software (only when installed using the accompanying software installer package) on your computer to design, develop, and test your programs that are intended for use solely on an Audience Entertainment iD System, and the associated drivers and runtime software ("iD Applications"), and (ii) distribute your iD Applications, subject to the terms in this agreement.
    2. Restricted Use with the iD System. iD Systems are sold subject to the terms of a Limited End-User Warranty and Software License Agreement that permits use of the system solely with iD content. Notwithstanding this restriction in the iD System Limited End-User Warranty and Software License Agreement, you may use an unmodified iD System to assist in the design, development, and testing of your iD Applications, subject to the terms and conditions of this agreement. All of the other terms of the iD System Limited End-User Warranty and Software License Agreement remain unchanged. You agree that end users of iD Applications are not licensed to use iD Systems in connection with such iD Applications, and that you and your distributors will not directly or indirectly assist, encourage, or enable iD Application end users to do so.
    3. Included AE Programs. The software may include other AE programs. The license terms with those programs apply to your use of them.
    4. No High Risk Use. WARNING: The iD System and the software are not fault-tolerant. The iD System and the software are not designed or intended for use with any program where failure or fault of any kind of the iD System or software could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use"). You are not licensed to, and you agree not to, use, distribute, or sublicense the use of the iD System and/or software in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft navigation and control of other modes of human mass transportation, nuclear or chemical facilities.
  2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
    1. Distributable Code. The software contains code that you are permitted to distribute solely in iD Applications if you comply with the terms below.
      1. Right to Use and Distribute. All code and text files included are "Distributable Code."
      2. Distribution Requirements. For any Distributable Code you distribute, you must:
        • add significant primary functionality to it in your iD Applications;
        • distribute Distributable Code included in a setup program only as part of that setup program without modification;
        • clearly state in marketing materials, documentation, and other materials related to the iD Application (e.g. on the webpages on which the iD Application is described or from which the iD Application may be downloaded or otherwise obtained), that it is intended for use only with the iD System;
        • require distributors and external end users to agree to terms that protect it at least as much as this agreement;
        • display your valid copyright notice on your iD Applications; and
        • Distribute your iD Applications in accordance with the iD Content Distribution Guidelines and Rules, as published from time to time by Audience Entertainment.
      3. Distribution Restrictions. You may not:
        • alter any copyright, trademark, or patent notice in the Distributable Code;
        • use Audience Entertainment’s trademarks in your iD Applications' names or in a way that suggests your iD Applications come from or are endorsed by Audience Entertainment;
        • distribute Distributable Code to run on a platform other than an iD System;
        • include Distributable Code in malicious, obscene, deceptive, or unlawful programs;
        • include Distributable Code for any programs designed or intended for High Risk Use;
          or
        • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification, or distribution, that
        • the code be disclosed or distributed in source code form; or
        • others have the right to modify it.
  3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Audience Entertainment reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
    • access or use, or attempt to access or use, features of the iD System that are not exposed or enabled by the software;
    • distribute iD Applications for use with any system other than the iD System, its associated drivers, and runtime software;
    • use the software or any iD Applications in any High Risk Use;
    • work around any technical limitations in the software;
    • reverse engineer, decompile, or disassemble any part of the software not provided in source code form, except and only to the extent that applicable law expressly permits, despite this limitation;
    • publish the software for others to copy;
    • rent, lease, or lend the software;
    • transfer the software or this agreement to any third party; or
    • use the software for commercial software hosting services.
  4. REGULATORY COMPLIANCE. You agree that your development, marketing, sales, and distribution of iD Applications shall be in compliance with all applicable legal requirements, including compliance with any regulatory requirements or laws, regulations, or policies in applicable countries or territories. To the extent required by law, you are solely responsible for obtaining or filing any approval, clearance, registration, permit, or other regulatory authorization and shall comply with the requirements of such authorization.
  5. ACKNOWLEDGEMENT AND WAIVER. You acknowledge the software may allow you to control the iD System, which is a mechanical hardware device that includes mechanical components. Depending on how you elect to use the software, you could harm persons or damage or destroy the iD System, products incorporating the iD System, or other property. In using the software, you must take steps to design and test your iD Applications to ensure that your applications do not present unreasonable risks of personal injury or death, property damage, or other losses. iD Systems utilize complex hardware and software technology that may not always function as intended. You must design your application so that any failure of an iD System and/or the software does not cause personal injury or death, property damage, or other losses. If you choose to use the software, you assume all risk that your use of the iD System and/or the software causes any harm or loss, including to the end users of your iD Applications, and you agree to waive all claims against Audience Entertainment and its affiliates related to such use (including, but not limited to, any claim that an iD System or the software is defective) and to hold Audience Entertainment and its affiliates harmless from such claims.
  6. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Audience Entertainment and its affiliates from any claims, including attorneys' fees, related to the distribution or use of your iD Applications.
  7. BACKUP COPY.  You may make one backup copy of the software. You may use it only to reinstall the software.
  8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
  9. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
  10. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
  11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
  12. APPLICABLE LAW.
    1. United States. If you acquired the software in the United States, New York state law governs the interpretation of this agreement 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.
    2. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
  13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state, province, or country. This agreement does not change your rights under the laws of your state, province, or country if the laws of your state, province, or country do not permit it to do so.
  14. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear all risk of using it. Audience Entertainment gives no express warranties, guarantees, or conditions. You may have additional consumer rights under your local laws that this agreement cannot change. To the extent permitted under your local laws, Audience Entertainment excludes the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Audience Entertainment 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

    1. anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and
    2. 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 also applies even if Audience Entertainment knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.