LICENSED APPLICATION END USER LICENSE AGREEMENT

This license granted to You by Licensor for the Licensed Application is limited to a non-exclusive, non-transferable and non-assignable license to use the Licensed Application on any compatible MPT Products (as such capitalized term is defined at https://www.facebook.com/terms) under the control of the Meta Oculus platform, that You own or control.

Licensor markets and distributes Licensed Application through a Meta Oculus platform. In order to gain access to and make use of the Licensed Application, You need to create and use a Meta account, Meta platform and MPT Products according to the relevant terms and conditions between You and Meta and other third parties.

You acknowledge that the terms and conditions between You and Meta and other third parties are independent of this EULA and that Licensor is not a party to such agreements. Licensor has no responsibility or liability for any matters arising from or related to Your use of the Meta Oculus platform, Meta account, or MPT Products. You agree to comply with all applicable terms and conditions when using the Licensed Application through the Meta Oculus platform.

This license does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Licensor and its licensors. If You breach this restriction, You may be subject to prosecution and damages. You agree that You shall only use the Licensed Application in a manner that complies with all applicable laws, including local laws of the country or region in which You reside or in which You download or use the Licensed Application including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

You agree that the access credentials to use the Licensed Application are personal and non-transferable. You are not allowed to share them with any other individual or entity. You are responsible for keeping your access credentials safe and confidential. You agree not to access or attempt to access any content within the Licensed Application that You have not been given authorization to access by Licensor.

You acknowledge and agree that using video and voice functionalities within the Licensed Application involve the collection and processing of your video and voice data. You further understand and consent to the utilization of this data for the intended purposes outlined in the EULA, which may include but are not limited to communication, analysis, and enhancement of user experience.

You agree to not use video and voice functionalities within the Licensed Application for:

for any unlawful, misleading, discriminatory, fraudulent, or harmful purpose, or in a way that violates or infringes someone else's rights or privacy;
to harass, abuse, threaten, intimidate, or bully anyone, or to promote or incite violence, hatred, or discrimination against any individual or group;
to create, upload, share, or distribute any content that is illegal, obscene, pornographic, sexually explicit, violent, graphic, or otherwise inappropriate or offensive;
to impersonate anyone, or to misrepresent your identity, affiliation, or credentials;
to interfere with or disrupt the normal operation of the Licensed Application, or to transmit any viruses, malware, or other harmful code or content; or
to violate any applicable laws, regulations, or Licensor's policies or guidelines.

Licensor reserves the right to monitor, review, and remove any video and voice content or activity that violates these rules, the EULA, or any applicable laws or regulations. Licensor also reserves the right to suspend or terminate your access to the Licensed Application or any of its features, including video and voice functionalities, if you fail to comply with these rules or any other provisions of the EULA. Licensor may also report any illegal or suspicious activity to the appropriate authorities. You are solely responsible for your use of video and voice functionalities and any consequences that may arise from it.

The terms of this license will govern any patches, updates, upgrades and other modifications provided by Licensor that replace and/or supplement the original Licensed Application, unless such patch, update, upgrade or other modification is accompanied by a separate license in which case the terms of that license will govern.

Licensor has no obligation to furnish You with technical or other support unless separately agreed in writing between You and Licensor. In case of such support given by Licensor, You understand and agree that the support has been given on an “as is” and “as available” basis and Licensor will have no obligations or liabilities related to such support.

Licensor reserves the right to provide or unilaterally deploy patches, updates and other modifications to the Learning Space application in order to remove or correct a bug, glitch or other issue, to prevent misuse of the application or breach of this Agreement or to enhance the experience (e.g. provide you with additional content).

The Licensed Application may contain free or open source software (“FOSS”) to which third party license obligations apply. Information is available in Appendix A indicating the license under which such FOSS was released, and containing required acknowledgements, legends and/or notices. Unless otherwise dictated by a FOSS license (such as GPL, LGPL, and Affero GPL) that requires Licensor to grant the same rights to the parties to whom we distribute the FOSS, Your rights to use, copy, and further distribute (if applicable) the FOSS are governed by this EULA, and not by the FOSS license originally applicable to the FOSS.

The Licensor may collect and process Personal Data to enable Your use of the Licensed Application and its functionalities. “Personal Data” means the data which can directly or indirectly identify You. It includes, among others, IP address, MAC address, Subscriber ID, Serial number, location data, as well as any other personal information that You provide when You use the Licensed Application. By downloading, installing or using the Licensed Application, You accept and agree to be bound by the terms of this section, along with the applicable Nokia Global Privacy Statement available here: https://www.nokia.com/privacy/. We encourage You to review this privacy statement frequently.

Licensor may also collect and process information regarding Your downloading, installation and/or use of the Licensed Application, for the purpose of providing support and other services and improving the quality and performance of its products, including, but not limited to: Licensed Application versions downloaded, installed and/or used, debugging data, location information, and other analytics and usage information that might be considered as Personal Data under applicable legislation (collectively “Usage Information”). You expressly consent to the collection, storage, processing and use of such Usage Information by Licensor. You shall have the right to withdraw Your consent at any time and to rectify the Usage Information. Usage Information is submitted anonymously to Licensor. Licensor will not share Usage Information associated with You with any third parties unless Licensor (I) has Your consent; (II) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such Usage Information is reasonably necessary to protect a legitimate interest of Licensor, its users or the public; or (III) provides such information in anonymous or pseudonymized aggregated form.

Please be aware of your physical condition before engaging with the Licensed Application due to its immersive virtual reality experience. If you're uncertain about your health, it is advisable to seek medical advice. Remember to take frequent breaks and stay hydrated during use.

Exercise caution and be conscious of your surroundings while interacting with the Licensed Application. Ensure you have ample space to use the application safely without any obstacles or hazardous items in the vicinity.

It's important for all users to review the health and safety guidelines associated with your headset, which can be found at the https://www.meta.com/de/en/legal/quest/health-and-safety-warnings/, prior to using the Licensed Application. Establish and preserve a secure play area, take regular pauses, and cease usage if you feel any discomfort.

If you are underage (below the legal age of majority in your country), ensure a parent or guardian reviews the health and safety information before you use the Licensed Application.

Please note that you are responsible for your actions while using the Licensed Application. The Licensor is not liable for any injuries or damages that may occur from your actions during the use of the application. This clause does not limit or exclude our liability for death or personal injury resulting from our negligence, in cases where such liability cannot be limited or excluded by law.

This EULA is effective from the first date You download and install the Licensed Application. You may terminate this EULA at any time by permanently deleting the Licensed Application provided by Licensor. Licensor reserves the right to limit, change, suspend or terminate the use of the Licensed Application, or any part thereof at any time without providing a reason.

Your end-user rights automatically and immediately terminate without notice from Licensor if You fail to comply with any provision of this EULA, any laws, third-party rights or privacy policies. In such an event, You must immediately delete the Licensed Application.

If You, directly or indirectly, file a Claim (as defined below) of patent infringement against any entity alleging that the Licensed Application in whole or in part constitutes direct or contributory patent infringement, or inducement of patent infringement (a “Claim”), then this EULA, including all rights granted to You under this EULA, may be terminated retroactively in whole or in part as of the date You first received the Licensed Application, at the option of Licensor.

The Licensed Application may require and enable access to Licensor’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on, or linked to, from the Meta device are not available in all languages or in all countries. Licensor makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED.

YOU FURTHER ACKNOWLEDGE THAT THE LICENSED APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE LICENSED APPLCATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION ULTRA-HAZARDOUS ACTIVITIES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree to defend, indemnify and hold Licensor and its licensors harmless against any claims, damages, liabilities, losses, costs, suits or expenditures incurred by Licensor, its Affiliates, or licensors as a result of any infringement or alleged infringement of intellectual property rights of a third party caused by Your use or exploitation of the Licensed Application. “Affiliate” means an entity which is controlled by, which controls, or which is under common control with Licensor, where "control" means the direct or indirect ownership of more than 50% of the shares or interests entitled to vote for the directors thereof or the equivalent, for so long as such entitlement subsists or equivalent power over management thereof.

You acknowledge that Licensed Application may be subject to the export laws and regulations of the United States, the European Union and/or other countries (cumulatively, "Export Laws"). You shall not import, use, distribute, export, re-export, transfer, or transmit the Licensed Application (even if incorporated into other items) in violation of the Export Laws. You agree to fully cooperate with Licensor in any official or unofficial audit or inspection related to applicable export control regulations or import regulations and will indemnify, defend and hold Licensor and its affiliates and licensors harmless from or in connection with any breach of this section by You.

You represent and warrant that: (I) You are not located in a country that is subject to an embargo enacted by U.S. Government or the European Union, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (II) You are not listed on any U.S. Government or the European Union list of prohibited or restricted parties.

There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Licensor and its licensors. In addition, no licenses or immunities are granted to the combination of the Licensed Application with any other software or hardware not delivered by Licensor under this Agreement.

No licenses to any patents of Licensor and/or its Affiliates are granted under this Agreement.

All rights and licenses not expressly set forth in this Agreement are reserved by Licensor and/or its Affiliates and/or its licensors.

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Nokia is a registered trademark of Nokia Corporation. Other product and company names mentioned on the Licensed Application may be trademarks or trade names of their respective owners. Your use of the Licensed Application should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Licensed Application without the prior written consent of the Licensor or the third-party owner thereof. Without limiting the generality of the foregoing, you are prohibited from using any such marks as a hyperlink to any Licensor website.

In return for this license, if You provide Licensor or any of its Affiliates with any reports on bugs or errors in the Licensed Application, or reports on the operation of the Licensed Application, or suggested modifications (collectively, "Feedback") during the term of this EULA, Licensor and its affiliates shall have the right to use such Feedback for any purpose without payment or accounting to You. You agree that under no circumstances will any Feedback provided by You contain any of Your confidential information or of any other third party.

If any term, covenant or condition of this EULA or the application thereof to any party or circumstances is, to any extent, held to be invalid or unenforceable, then the remainder of this EULA, or the application of such term, covenant or condition to parties or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term, covenant or condition of this EULA will be valid and be enforced to the fullest extent permitted by law.

The laws of the State of New York, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application, including, without limitation, its construction, interpretation, performance, and enforcement, except if You are using the Licensed Application outside of North America or South America, in which case the laws of France govern all matters arising out of or relating to this EULA. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. All disputes between the parties will be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by three (3) arbitrators designated in conformity with the Rules. In cases where the laws of State of New York apply, the arbitration must take place in New York, New York. In cases where the laws of France apply, the arbitration must take place in Geneva, Switzerland. Any arbitration under this EULA will take place on an individual basis: class arbitrations and class actions are not permitted.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS EULA, YOU AND LICENSOR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, Licensor will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

LICENSED APPLICATION END USER LICENSE AGREEMENT

For Applications Used on The Meta Platforms Technologies Products ("MPT Products")

THIS EULA CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 19. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.

1. Scope of License

2. Restrictions on Use and Limitations on Your Rights

3. Terms Governing Updates and Upgrades

4. Support and Maintenance

5. FOSS

6. Privacy/Consent to Use of Data

7. Health and safety warning

8. Termination

9. Services and Third Party Materials

10. NO WARRANTY

11. Limitation of Liability

12. Indemnity

13. Export

14. No Implied Licenses or Patent Licenses

15. U.S. Government End Users

16. Trademark Policy

17. Feedback

18. Partial Invalidity

19. Choice of Law

20. Changes to EULA terms

21. Notices

22. Entire Agreement

APPENDIX A: FOSS NOTICES