Terms of Use

Effective as of May 23, 2022

1. BINDING AGREEMENT

These terms (“Terms”) govern your use of z-weave and related services, applications and documentation (collectively “Software”) offered by z-emotion Co., Ltd. and its subsidiaries and affiliates (“z-emotion”). By using the Software, you agree to these terms.

By setting up a z-emotion account, by using or downloading Software, or by clicking the “I accept” button (or its equivalent), you (or the entity or organization on behalf of which you are authorized, in which case “you” and “your” will refer to that entity or organization only, and not any of its affiliates or other entity) agree to these Terms. If at any point for any reason you do not agree to any portion of the then-current version of these Terms, our Privacy Policy, or any other z-emotion policy, rules or codes of conduct relating to your use of the Software, your license to use the Software shall immediately terminate and you must stop using the Software and promptly remove any Software installed on your computer.

z-emotion offers various services. As a result, additional terms or service requirements may apply. Additional terms will be available with the relevant z-emotion services, and those additional terms become part of your agreement with us if you use those services. Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other z-emotion terms, policy, rules or codes of conduct, these Terms shall govern.

2. ELIGIBILITY

If you access the Software on behalf of a corporation or other legal entity (an “Entity”), you represent that you are authorized to accept these terms and conditions on behalf of such Entity. Where you purchase a license on behalf of an Entity, z-emotion may request documentation verifying the Entity status prior to granting access to the Software.

If you are an Entity, you further represent that only personnel authorized by you and under your control (an “Authorized User”) may install the Software or access the Software. Only those Authorized Users who are physically located at a single primary place of business (which business location has been registered with z-emotion at the time of purchase) may access the Software; provided that an Authorized User may also access the Software, on a portable computer or other mobile device that travels with the Authorized User, on a temporary and incidental basis while such Authorized User is on temporary business travel in the ordinary course of your business. In the case of an academic licensee, an Authorized User shall mean to include the faculty and students of such licensee.

You further acknowledge that you are age 16 or older, and, if under the age of majority in your jurisdiction, are using the Software under the consent and supervision of a parent, legal guardian, or other responsible adult. In any event, if you are under the age of majority in your jurisdiction you are not allowed to use the Software or submit personal information to us.

3. EQUIPMENT

You must provide all equipment and software necessary to access the Software. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing the Software.

4. CHANGES TO TERMS & SOFTWARE

4.1z-emotion reserves the right, at our discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, z-emotion will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Software notice. If you do not agree to the revised Terms, you must stop using the Software. Your continued use of Software following any revision to these Terms signifies your assent to and acceptance of the revised Terms.

4.2 These Terms may not otherwise be amended except in a writing hand signed by you and z-emotion. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.

4.3 You agree that z-emotion retains the unfettered right to modify any aspect of the Software. You acknowledge that z-emotion has been, is, and will be constantly making changes to the Software. These changes include modifications to features, functions or abilities of any element of the Software.

4.4 All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Software, are subject to change (including availability) at any time without notice.

5. LICENSE TO USE SOFTWARE

5.1 Subject to these Terms, z-emotion grants you a non-exclusive, non-transferable license when you sign up for an account and pay applicable fees, to: (i) access and use the Software for your own personal use or internal business purposes, as applicable, subject to the License Type, (ii) download and install Software on authorized devices within your possession and control, and (iii) use Software for your own personal use or internal business purposes, as applicable.

5.2 The Software, and its content, features, and functionality are owned by z-emotion, its licensors, or other providers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted in these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Software, ownership of which is retained by z-emotion and its suppliers, as applicable. Any updates to the Software are also governed by these Terms.

5.3 Software is licensed, not sold, to you for use only under these Terms, and z-emotion reserves all rights not expressly granted to you.

5.4 You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of Software in the same form and manner that such copyright and other proprietary notices are included on Software. Except as expressly authorized by these Terms, you shall not make any copies or duplicates of Software without the prior written permission of z-emotion.

5.5 Work product and other data created using the Software may contain certain notices and limitations that make the work product and other data usable only in certain circumstances. In addition, if you combine or link your work product or other data created using the Software with work product or other data otherwise created, then such other work product or data may also be affected by these notices and limitations. z-emotion will have no responsibility or liability whatsoever if you combine or link work product or other data created using Software with work product or other data otherwise created. In addition, you will not remove, alter or obscure any such notices or limitations.

6. VIOLATION OF TERMS

6.1 You may use Software only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of Software (in z-emotion’s sole judgment).

6.2 You may not (i) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by z-emotion in connection with Software, or (ii) install or access Software with any product code, authorization code, serial number, or other copy-protection device not supplied by z-emotion. Without limitation of the generality of the foregoing, you may not utilize any equipment, device, software, or other means to circumvent or remove any protection measure provided or made available by z-emotion for managing, monitoring or controlling installation of or access to Software.

6.3 Except as expressly authorized in these Terms or allowed by applicable law, you may not (i) use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer Software, or otherwise attempt to derive the source code of Software; (ii) translate, adapt, arrange, or create derivative works based on, or otherwise modify Software or any elements thereof for any purpose; provided however you may make modifications to z-emotion Samples where such modifications are permitted by the intended functionality of Software and such modifications ensures that the z-emotion Sample is not the primary source of value; (iii) permit Software to be used on a service bureau, time sharing basis or otherwise; or (iv) distribute z-emotion Samples as your work product without modifications.

"z-emotion Samples" means samples provided by z-emotion, including, but not limited to, sample patterns and designs, modules for patterns and designs, and expressions of components and elements used in patterns and designs. z-emotion samples may be modified where such modifications are permitted by the intended functionality of Software.

6.4 Any reproduction or redistribution of Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

6.5 WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF SOFTWARE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING SOFTWARE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF SOFTWARE, AND z-emotion IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

7. FEE-BASED SERVICES

7.1 Some aspects of the services relating to Software being offered by z-emotion require the payment of fees (“Fee-Based Services”). If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. z-emotion may, from time to time (and upon notice required by applicable laws), modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on z-emotion website or notification through Software.

7.2 If you have elected to access or receive Fee-Based Services, upon your acceptance of these Terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees, plus any applicable taxes we are required to collect, and you authorize us to do so. All posted prices do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. You may also be directed to a webpage that is hosted by a third party payment service and not by z-emotion (such page, the "Payment Service Page"). You will be asked to supply certain information relevant to your purchase. If you are using and providing information through a Payment Service Page, you will be subject to the terms of service and privacy policy of that payment service, rather than these Terms and z-emotion's Privacy Policy. z-emotion has no control over, and shall not be responsible for, any payment service's use of information collected through the Payment Service Page.

8. SUBSCRIPTIONS & TRIALS

8.1 Unless you have purchased a perpetual or other fixed term license, subscription periods can be month-to-month, yearly, or another duration described in the account features for your account (“Subscription Period”).

8.2 While a subscription allows you to access the newest version of Software, a perpetual license is a one-time purchase that requires you to pay additional fees to upgrade to the newest version of the Software.

8.3 You agree to pay all applicable subscription fees, including automatically charged renewal fees, where specified. z-emotion offers several subscription options depending on which Service you subscribe to:

Monthly Subscription. The subscription period for the Monthly Subscription is one month.

Annual Subscription. The subscription period for the Annual Subscription is one year.

1 month and annual subscriptions do not renew automatically. Although we may provide notice to you of an expiring subscription period, it is your responsibility to monitor the remaining term of your subscription period, and renew your subscription on a timely basis. If you do not renew your subscription prior to its expiration, you may lose all content associated with your account.

8.4 Refunds are not provided for cancelled subscriptions.

8.5 If you have signed up for a free trial account and have provided your payment information, you must cancel your free trial before the end of your trial period. It is your responsibility to monitor the remaining term of your trial period. If you do not cancel before the end of your trial period, you will be charged after the trial period ends.

8.6 Unless otherwise agreed to in writing by z-emotion, YOU MAY ONLY EVER SIGN UP FOR ONE (1) TRIAL LICENSE. ANY USAGE OF SUCH ASPECT OF SOFTWARE FOLLOWING THE EXPIRATION OF SUCH TRIAL LICENSE WILL BE ON A PAID BASIS. YOU CONSENT TO BEING CHARGED FOR ANY USE FOLLOWING THE EXPIRATION OF YOUR ONE (1) TIME TRIAL LICENSE, REGARDLESS OF WHETHER YOU UTILIZE THE SAME OR OTHER ACCOUNT FOR SUCH TRIAL LICENSE.

8.7 z-emotion reserves the right to change prices or institute new charges for access to or use of Software or Fee-Based Services at any time upon not less than thirty (30) days’ notice to you. You are responsible for regularly reviewing such pricing information. Continued use of Software or non-termination of your account after such thirty (30) day period constitutes your acceptance of the prices as modified.

9. REGISTRATION, USER NAMES & PASSWORDS

9.1 In order to access some features of Software you may be required to register an account with us.

9.2 When creating or updating an account, you may be asked to provide us with certain personal information, which may include your e-mail address and other information that can be used to identify you. Such information, if provided to us, will be held and used in accordance with our Privacy Policy.

9.3 Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by z-emotion.

9.4 You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, z-emotion has the right to suspend or deactivate your account and refuse you from any and all current and future use of Software.

9.5 When registering for an account, you will be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by z-emotion in its sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).

9.6 You are solely responsible for any and all activities, charges and fees that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify z-emotion immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by z-emotion).

9.7 z-emotion will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by z-emotion and/or any of its licensors due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make your account available to others. Any distribution by you of your account or related information may result in suspension or deactivation of your account without refund or compensation to you, and the imposition of additional charges to your account based on any unauthorized use

10. ELECTRONIC COMMUNICATIONS

10.1 When you use Software or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through Software. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

10.2 You acknowledge and agree that: (i) when Software is installed and connected to the Internet, z-emotion (and/or third parties acting on behalf of z-emotion) may automatically collect certain information and data from you including user identifications, product codes, product types, product versions, and your hardware specifications (“Licensee Data”). The Licensee Data is used for purposes of user registration, activation, updating, validating, monitoring installation, providing technical support, and such other purposes reasonably necessary to monitor and maintain Software and provide you with Fee-Based Services. You hereby consent to z-emotion monitoring, maintaining, using, storing and disclosing such Licensee Data within the scope of thee Terms; and (ii) certain aspects of Software require access to and use of content and services that are hosted on websites maintained by z-emotion. Accessing such content or services and use of Software will cause your computer, without additional notice, to connect automatically to the Internet and to communicate with z-emotion.

10.3 Installation and use of Software require, and the continued use thereof may from time to time require, remote authentication by z-emotion or activation codes issued by z-emotion. YOU ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF SOFTWARE MAY BE DISABLED BY z-emotion PROTECTION MECHANISMS IF YOU TRY TO TRANSFER ALL OR A PART OF SOFTWARE TO ANOTHER COMPUTER, IF YOU ARE NOT AN AUTHORIZED USER, IF YOU TAMPER WITH THE TECHNICAL PROTECTION MECHANISMS OR DATE-SETTING MECHANISMS ON A COMPUTER OR IN SOFTWARE, IF YOU USE SOFTWARE PAST THE APPLICABLE LICENSE TERM, OR IF YOU UNDERTAKE CERTAIN OTHER ACTIONS THAT AFFECT THE SECURITY OR UNDER OTHER CIRCUMSTANCES AND THAT, IN ANY SUCH EVENT, YOUR ACCESS TO YOUR WORK PRODUCT AND OTHER DATA MAY BE AFFECTED.

11. LINKS

Software or Fee-Based Services may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.

Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and z-emotion is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.

12. THIRD-PARTY MERCHANTS & PROVIDERS

Software and Fee-Based Services may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for Software or Fee-Based Services. In addition, Software or Fee-Based Services may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.

13. THIRD-PARTY SOFTWARE

You acknowledge that certain Software may contain copyrighted software of third parties, including open sourced software, which are obtained under a license from such parties (“Third Party Software”). Required notices can be found at the end of the document. All third party licensors retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, these Terms, and the applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation an end user license agreement. There may be provisions in an open source end user license agreement that expressly override some of these Terms.

Notwithstanding anything to the contrary contained in Third Party Software licenses, the disclaimer of warranties and the limitation of liability provisions in these Terms shall apply to such Third Party Software.

14. OPEN SOURCE COMPONENTS

Certain components of Software and Third Party Software which is open source software, if any, may be made available by z-emotion at the end of the document (collectively the "Open-Sourced Components"). Each item of Open-Sourced Components is licensed under the terms of the end user license that accompanies such Open-Sourced Component. Nothing in these Terms limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open-Sourced Components. If required by any license for particular Open Source Components, z-emotion makes such Open-Sourced Components, and z-emotion’s modifications to that Open-Sourced Component, available by written request to z-emotion at the email or mailing address listed below.

15. TERM & TERMINATION

Your right to use Software are effective through the end of the applicable Subscription Period, or where a perpetual license is purchased, perpetually, unless earlier terminated. Upon termination, the licenses granted to you by z-emotion shall cease, you may not be able to access or retrieve any content associated with your account, and you will promptly remove Software from your device. If you terminate your account, you agree that we may keep your content on our servers for a reasonable time thereafter (for example, to enable you to renew a subscription or reactivate your account, if you so desire).

In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would continue beyond the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Equitable Remedies”, “Disputes”, and Sections 21 through 23 shall survive such expiration or termination.

16. DISCLAIMERS

16.1 NEITHER z-emotion, ITS AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "z-emotion PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SOFTWARE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH SOFTWARE.

16.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, SOFTWARE IS AT YOUR SOLE RISK. SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, z-emotion MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT SOFTWARE. z-emotion DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

17. LIMITATION OF LIABILITY

17.1 IN NO EVENT WILL ANY OF THE z-emotion PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF z-emotion WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY z-emotion PURSUANT TO THESE TERMS, OR IN ANY OTHER WAY CONCERNING SOFTWARE, OR z-emotion VIRTUAL MEDIA IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF SOFTWARE IN THE 180 DAY PERIOD PRECEDING YOUR CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING SOFTWARE AND TERMINATE YOUR ACCOUNT.

17.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE z-emotionPARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH z-emotion PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.

17.4 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

18. INDEMNIFICATION

You agree to indemnify and hold z-emotion Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use Software in violation of these Terms and/or any breach of your representations and warranties set forth above and/or if content you Post causes us to be liable to another.

19. EQUITABLE REMEDIES

You acknowledge that the rights granted and obligations made under these Terms to z-emotion are of a unique and irreplaceable nature, the loss of which shall irreparably harm z-emotion and which cannot be replaced by monetary damages alone. Accordingly, z-emotion shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of z-emotion services or products, exploitation of any advertising or other materials issued in connection therewith, or exploitation of Software or any content or other material used or displayed through Software and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).

20. DISPUTES

20.1 You are contracting with Z-Emotion Co. located at the South Korea. The laws of the United States govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the Seoul Central District Court, for all disputes arising out of or relating to these Terms.

20.2 Any claim or cause of action arising out of or related to use of the Software or these Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.

20.3 For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the Korean (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

20.4 All claims you bring against z-emotion must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, z-emotion shall be entitled to recover attorneys' fees and costs up to $3,000, provided that z-emotion has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

21. SEVERABILITY

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

22. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVER

These Terms are deemed accepted upon any use of the Software. These Terms and any additional terms referenced herein constitute the entire agreement between you and z-emotion regarding the use of the Software (subject to any separate agreement for Fee-Based Services). Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

23. ASSIGNMENT

You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under these Terms to any person or entity without your consent.

24. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

25. TECHNICAL & CUSTOMER SUPPORT

Subject to the other provisions of these Terms, z-emotion will attempt to help you with any queries or problems that you may have with the Software, any of your purchases, and any questions about these Terms generally. To reach our customer support team, please e-mail us at support@z-emotion.com.

26. NOTICES

We may notify you by posting(s) made within the Software Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to z-emotion required according to these Terms must be in writing and addressed to 6th Floor, 302, Gangnam-daero, Gangnam-gu, Seoul, Republic of Korea 06253 unless we have provided a more specific method of notifying us.

The software is using the following libraries under the following applicable licenses.

Qt 5.9.1 Download : https://download.qt.io/archive/qt/5.9/5.9.1/ License : LGPL v3 https://www.gnu.org/licenses/lgpl-3.0.html

GNU LESSER GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.

0. Additional Definitions.

As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.

“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.

An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.

A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.

The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.

The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.

1. Exception to Section 3 of the GNU GPL.

You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.

2. Conveying Modified Versions.

If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:

a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or

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return to RibbonSoft all copies of Licensed Software that were supplied

by RibbonSoft. All other copies of Licensed Software in the possession

or control of Licensee must be erased or destroyed. An officer of

Licensee must promptly deliver to RibbonSoft a written confirmation

that this has occurred.

15. Entire Agreement: This Agreement constitutes the complete

agreement between the parties and supersedes all prior or

contemporaneous discussions, representations, and proposals, written

or oral, with respect to the subject matters discussed herein. No

modification of this Agreement will be effective unless contained in a

writing executed by an authorized representative of each party. No

term or condition contained in Licensee's purchase order will apply

unless expressly accepted by RibbonSoft in writing. If any provision of

the Agreement is found void or unenforceable, the remainder will

remain valid and enforceable according to its terms. If any remedy

provided is determined to have failed for its essential purpose, all

limitations of liability and exclusions of damages set forth in this

Agreement shall remain in effect.

16. Governing law, legal venue: This Agreement shall be construed,

interpreted and governed by the laws of Switzerland, the legal venue

to be Zurich City Court. RibbonSoft reserves all rights not specifically

granted in this Agreement.

Appendix 1:

1. Parts of the Licensed Software that are permitted for distribution

("Redistributables"):

The Licensed Software's library in object code form

2. Parts of the Licensed Software that are not permitted for distribution

include, but are not limited to:

The Licensed Software's source code and header files

The Licensed Software's documentation

stb_image 2.16 Download : https://github.com/nothings/stb License : The MIT License (MIT) https://github.com/nothings/stb/blob/master/LICENSE

Permission is hereby granted, free of charge, to any person obtaining a copy of

this software and associated documentation files (the "Software"), to deal in

the Software without restriction, including without limitation the rights to

use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies

of the Software, and to permit persons to whom the Software is furnished to do

so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all

copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER

LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,

OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE

SOFTWARE.

json_nlohmann 3.5.0 Download : https://github.com/nlohmann/json License : The MIT License (MIT) https://github.com/nlohmann/json/blob/develop/LICENSE.MIT

MIT License

Permission is hereby granted, free of charge, to any person obtaining a copy

of this software and associated documentation files (the "Software"), to deal

in the Software without restriction, including without limitation the rights

to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

copies of the Software, and to permit persons to whom the Software is

furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all

copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER

LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,

OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE

SOFTWARE.

qtimgui Download : https://github.com/seanchas116/qtimgui License : The MIT License (MIT) https://github.com/seanchas116/qtimgui/blob/master/LICENSE

The MIT License (MIT)

Permission is hereby granted, free of charge, to any person obtaining a copy

of this software and associated documentation files (the "Software"), to deal

in the Software without restriction, including without limitation the rights

to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

copies of the Software, and to permit persons to whom the Software is

furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all

copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER

LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,

OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE

SOFTWARE.

zlib 1.2.11 Download : https://www.zlib.net/zlib.html License : zlib license https://www.zlib.net/zlib_license.html

/* zlib.h -- interface of the 'zlib' general purpose compression library

version 1.2.11, January 15th, 2017

This software is provided 'as-is', without any express or implied

warranty. In no event will the authors be held liable for any damages

arising from the use of this software.

Permission is granted to anyone to use this software for any purpose,

including commercial applications, and to alter it and redistribute it

freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not

claim that you wrote the original software. If you use this software

in a product, an acknowledgment in the product documentation would be

appreciated but is not required.

2. Altered source versions must be plainly marked as such, and must not be

misrepresented as being the original software.

3. This notice may not be removed or altered from any source distribution.

Jean-loup Gailly Mark Adler

jloup@gzip.org madler@alumni.caltech.edu

pmp 1.1.0 Download : http://www.pmp-library.org/ License : MIT License with employer disclaimer https://github.com/pmp-library/pmp-library/blob/master/LICENSE.txt

Valid-License-Identifier: LicenseRef-MIT-with-employer-disclaimer

License-Text:

MIT License with employer disclaimer

Permission is hereby granted, free of charge, to any person obtaining a copy of

this software and associated documentation files (the "Software"), to deal in

the Software without restriction, including without limitation the rights to

use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of

the Software, and to permit persons to whom the Software is furnished to do so,

subject to the following conditions:

The above copyright notice and this permission notice shall be included in all

copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR

IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN

CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Disclaimer of Warranties and Liability. You acknowledge that the individual

providing and/or licensing this software is doing so in his or her

individual capacity, and that no past or present employer of such

individual has any role whatsoever in making this software available to

you. You expressly acknowledge that you must look solely to the individual

providing and/or licensing this software, and not to his or her past or

present employer, for any warranties, support, maintenance, upgrades,

modifications, new releases, or remedies in respect of your use of such

software. NO PAST OR PRESENT EMPLOYER OF THE INDIVIDUAL PROVIDING AND/OR

LICENSING THIS SOFTWARE MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS,

IMPLIED, STATUTORY OR OTHERWISE,

WITH RESPECT TO THE SOFTWARE, AND ALL SUCH WARRANTIES ARE EXPRESSLY

DISCLAIMED. IN NO EVENT WILL ANY PAST OR PRESENT EMPLOYER OF THE INDIVIDUAL

PROVIDING AND/OR LICENSING THIS SOFTWARE BE LIABLE TO YOU UNDER ANY LEGAL

OR EQUITABLE THEORY IN CONNECTION WITH THE SOFTWARE, INCLUDING FOR ANY USE,

INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE, OR FOR PERSONAL

INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES

WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,

CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA,

BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING

OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER

CAUSED. You agree to indemnify, defend, and hold harmless the past and

present employers of the individual providing and/or licensing this

software and their respective officers, directors, employees, agents,

affiliates, successors, and assigns from and against any and all losses,

damages, liabilities, or costs (including attorneys’ fees) resulting from

any claim, suit, action, or proceeding based on your use of the

software. The past and present employers of the individual providing and/or

licensing this software, and their respective officers, directors,

employees, agents, affiliates, successors, and assigns, are express third

party beneficiaries of this agreement with the right to enforce its terms.

NSIS 3.0.4 Download : https://nsis.sourceforge.io/Download License : Common Public License version 1.0 https://nsis.sourceforge.io/License

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and b) in the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED LICENSED MATERIALS, DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY "SOFTWARE") UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) ("LICENSEE") AND ADVANCED MICRO DEVICES, INC. ("AMD"). NOTE THAT IF YOU USE THE SOFTWARE ON BEHALF OF AN ENTITY (E.G. YOUR EMPLOYER), YOU AGREE THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DON’T HAVE AUTHORITY TO BIND SUCH ENTITY, YOUR USE AND THE ENTITY’S USE IS NOT LICENSED.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THIS SOFTWARE. BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THIS SOFTWARE IS AMD CONFIDENTIAL INFORMATION AND MAY NOT BE SHARED WITH ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED BELOW.

1. DEFINITIONS.

1.1 “Derivative Works” means any work, revision, modification or adaptation made to or derived from the Sample Code in whole or in part.

1.2 “Documentation” means documentation, associated, included, or provided in connection with the Licensed Materials, or any portion thereof, including but not limited to information provided online, electronically, or as install scripts.

1.3 “Free Software License” means an open source or other license that requires, as a condition of use, modification or distribution, that any resulting software must be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge.

1.4 “Intellectual Property Rights” means all copyrights, trademarks, trade secrets, patents, mask works, and all related, similar, or other intellectual property rights recognized in any jurisdiction worldwide, including all applications and registrations with respect thereto.

1.5 “Licensed Materials” means the ProRender Software Development Kit (“SDK”), including: (a) Documentation; (b) Sample Code; (c) tools and utilities; and (d) header files.

1.6 “Licensed Purpose” means the creation of internal use and testing of Licensee Software that works with AMD hardware products.

1.7 “Licensee Software” means any software developed or modified by Licensee using the Licensed Materials, and which may include any Libraries and/or Derivative Works.

1.8 “Libraries” means library files in the Licensed Materials that may be statically or dynamically linked into Licensee Software for the Licensed Purpose.

1.9 “Object Code” means the machine readable form of the Licensed Software (as opposed to the human readable form of computer programming code) created by or for Licensee by compiling the Source Code, or as delivered by AMD, including the object code version of any Derivative Work.

1.10 “Sample Code” means the header files and Source Code identified within the Licensed Materials as sample code.

1.11 “Source Code” means computer programming code in the human readable form and related system level documentation, including all associated comments, symbols and any procedural code such as job control language.

2. LICENSE. Subject to the terms and conditions of this Agreement, AMD hereby grants Licensee a non-exclusive, royalty-free, revocable, non-transferable, non-assignable, non-commercial limited copyright license solely for the Licensed Purpose, to:

a) install, use and copy the Licensed Materials in Object Code form internally at Licensee’s site(s); and

b) create Derivative Works solely for internal use.

3. RESTRICTIONS. Except for the limited copyright license expressly granted in Section 2 herein, Licensee has no other rights in the Licensed Materials, whether express, implied, arising by estoppel or otherwise. Further restrictions regarding Licensee’s use of the Licensed Materials are set forth below. Except as expressly authorized herein, Licensee may not:

distribute or sublicense the Object Code or Source Code of: (i) the Sample Code; (ii) Derivative Works; and (iii) Libraries as incorporated in Licensee Software to customers and end users;

publish, display, sublicense, assign or otherwise transfer the Licensed Materials (except when built into the Licensee Software);

decompile, reverse engineer, disassemble or otherwise reduce the Licensed Materials in Object Code to a human-perceivable form (except as expressly allowed by applicable law but then only to the limited extent of such law);

alter or remove any copyright, trademark or patent notice(s) in the Licensed Materials;

use the Licensed Materials to: (i) develop inventions directly derived from Confidential Information to seek patent protection; (ii) assist in the analysis of Licensee’s patents and patent applications; or (iii) modify Licensee’s existing patents or patent applications;

use the Licensed Materials in way that requires that the Licensed Materials or any portion thereof be licensed under a Free Software License; or

Use or distribute the Licensed Materials in violation of any applicable law, regulation, generally accepted practice, or guidelines in the relevant jurisdictions.

5. THIRD PARTY MATERIALS. Together with the Licensed Materials, AMD may include third party technologies (e.g. third party libraries) for which Licensee must obtain licenses from parties other than AMD. Licensee agrees that AMD has not obtained or conveyed to Licensee, and that Licensee shall be responsible for obtaining, Intellectual Property Rights to use and/or distribute the applicable, underlying Intellectual Property Rights related to the third party technologies. These third party technologies are not licensed as part of the Licensed Materials and are not licensed under this Agreement.

6. NOTICE REGARDING STANDARDS. AMD does not provide a license or sublicense to any Intellectual Property Rights relating to any specification or technical standard of any internationally recognized standard setting organization or regulatory authority which has gained industry wide de facto adoption (e.g. H.264, MPEG1, MPEG2, MPEG3, MPEG4, AAC-LC, AC3, MP3, AES3, AVC/h.264, h.265, VC-1, GDDR5 and/or PCIe), (collectively, the “Media Technologies”). For clarity, Licensee will pay any royalties due for such third party technologies, which may include the Media Technologies that are owed as a result of AMD providing the Licensed Materials to Licensee.

7. OTHER AMD SOFTWARE COMPONENTS. The Licensed Materials may be accompanied by AMD software components (e.g. libraries, sample code) which are licensed to Licensee under the terms and conditions of their respective licenses located in the directory with the software component.

8. OWNERSHIP. The Licensed Materials including all Intellectual Property Rights therein are and remain the sole and exclusive property of AMD or its licensors, and Licensee shall have no right, title or interest therein except as expressly set forth in this Agreement.

9. FEEDBACK AND DERIVATIVE WORKS. Licensee has no obligation to give AMD any suggestions, comments or other feedback (“Feedback”) relating to the Licensed Materials or Derivative Works that Licensee Creates. However, AMD may use and include any Feedback that it receives from Licensee and Derivative Works that Licensee creates to improve the Licensed Materials or other AMD products, software and technologies. Accordingly, for any Feedback Licensee provides to AMD or any Derivative Works that Licensee creates, Licensee grants AMD and its affiliates and subsidiaries a worldwide, non-exclusive, irrevocable, royalty-free, fully paid up, perpetual license to, directly or indirectly, use, reproduce, license, sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback and Derivative Works in the Licensed Materials or other AMD products, software and technologies. Licensee further agrees not to provide any Feedback that (a) Licensee knows is subject to any Intellectual Property Rights of any third party or (b) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other AMD Intellectual Property, to be licensed to or otherwise shared with any third party.

10. SUPPORT AND UPDATES. AMD is under no obligation to provide any kind of support under this Agreement. AMD may, in its sole discretion, provide to Licensee updates to the Licensed Materials, and such updates will be covered as Licensed Materials under this Agreement.

11. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION.

11.1 Disclaimer OF Warranty. THE LICENSED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE LICENSED MATERIALS WILL RUN UNINTERRUPTED OR ERROR-FREE OR THOSE ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE LICENSED MATERIALS IS ASSUMED BY LICENSEE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee.

11.2 Limitation of Liability. AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO LICENSEE FOR ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE LICENSED MATERIALS OR THIS AGREEMENT EVEN IF AMD AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall AMD's total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount of $100 USD.

11.3 Indemnification. Licensee agrees to defend, indemnify and hold harmless AMD and its licensors, and any of their directors, officers, employees, affiliates or agents from and against any and all loss, damage, liability and other expenses (including reasonable attorneys' fees), resulting from a) Licensee’s use, distribution or sublicense of the Licensed Materials, b) violation of the terms and conditions of this Agreement by Licensee or any sublicensee, or c) for failure by Licensee to obtain and comply with third party licenses that may be required pursuant to Sections 5, 6 and 7 herein.

12. CONFIDENTIALITY. Licensee shall protect the Licensed Materials and any information related thereto (collectively, “Confidential Information”) by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as Licensee uses to protect Licensee’s own confidential information of a like nature. Licensee shall not disclose any Confidential Information disclosed hereunder to any third party and shall limit disclosure of Confidential Information to only those of its employees and contractors with a need to know and who are bound by confidentiality obligations with Licensee at least as restrictive as those contained in this Agreement. Licensee shall be responsible for Licensee’s employees and contractors compliance with the terms of this Agreement. Licensee may disclose Confidential Information in accordance with a judicial or other governmental order, provided that Licensee either (a) gives AMD reasonable notice prior to such disclosure to allow AMD a reasonable opportunity to seek a protective order or equivalent or (b) obtains written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation.

13. TERMINATION AND SURVIVAL. This Agreement expires 5 years from the date that Licensee downloads the Licensed Materials. AMD may terminate the Agreement immediately upon the breach by Licensee or any sublicensee of any of the terms of the Agreement. Licensee may terminate the Agreement upon written notice to AMD and destruction of the Licensed Materials Licensee accessed hereunder. The termination of this Agreement shall: (a) immediately result in the termination of all rights granted by Licensee under this Agreement; and (b) have no effect on any sublicenses previously granted by Licensee to end users under Section 2(c) and which are compliant with all terms and conditions of this Agreement, which sublicenses shall survive in accordance with their terms. Upon termination or expiration of this Agreement, Licensee will cease using and destroy or return to AMD all copies of the Confidential Information, including but not limited to the Licensed Materials. Upon termination or expiration of this Agreement, all provisions survive except for Section 2.

15. EXPORT RESTRICTIONS. Licensee shall adhere to all applicable U.S. import/export laws and regulations, as well as the import/export control laws and regulations of other countries as applicable. Licensee further agrees they will not export, re-export, or transfer, directly or indirectly, any product, technical data, software or source code it receives from AMD, or the direct product of such technical data or software to any country for which the United States or any other applicable government requires an export license or other governmental approval without first obtaining such licenses or approvals; or in violation of any applicable laws or regulations of the United States or the country where the technical data or software was obtained. Licensee acknowledges the technical data and software received will not, in the absence of authorization from U.S. or local law and regulations as applicable, be used by or exported, re-exported or transferred to: (a) any sanctioned or embargoed country, or to nationals or residents of such countries; (b) any restricted end-user as identified on any applicable government end-user list; or (c) any party where the end-use involves nuclear, chemical/biological weapons, rocket systems, or unmanned air vehicles. For the most current Country Group listings, or for additional information about the EAR or Licensee’s obligations under those regulations, please refer to the U.S. Bureau of Industry and Security’s website at https://www.bis.doc.gov/.

16. GOVERNMENT END USERS. The Licensed Materials are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013, et seq., or its successor. Use of the Licensed Materials by the Government constitutes acknowledgment of AMD’s proprietary rights in it.

17. GOVERNING LAW. This Agreement is made under and shall be construed according to the laws of the State of Texas, excluding conflicts of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts of Travis County and the Western District of Texas for the purposes of any dispute arising out of or relating in any way to this Agreement. Licensee acknowledges that Licensee’s breach of this Agreement may cause irreparable damage and Licensee agrees that AMD shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction.

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20. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement and understanding between the Parties with respect to the Licensed Materials and supersedes and merges all prior oral and written agreements, discussions and understandings between them regarding the subject matter of this Agreement. No waiver or modification of any provision of this Agreement shall be binding unless made in writing and signed by an authorized representative of each Party.

IF YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE PRESS "ACCEPT." IF YOU DO NOT AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND PRESS "DECLINE," YOU MAY NOT USE THE SOFTWARE.

bullet3 Download : License : zlib license https://github.com/bulletphysics/bullet3/blob/master/LICENSE.txt

The files in this repository are licensed under the zlib license, except for the files under 'Extras' and examples/ThirdPartyLibs.

Bullet Continuous Collision Detection and Physics Library

http://bulletphysics.org

This software is provided 'as-is', without any express or implied warranty.

In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose,

including commercial applications, and to alter it and redistribute it freely,

subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

3. This notice may not be removed or altered from any source distribution.