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LICENSE.txt

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+End User License Agreement
+
+RICOH THETA SDK
+
+IMPORTANT –READ THIS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) BEFORE INSTALLING OR USING ANY PART OF THE ABOVE SOFTWARE INCLUDING SOFTWARE AND ALL ACCOMPANYING DOCUMENTATION AND ANY AND ALL UPDATES AND MODIFICATIONS THERETO (“SOFTWARE”). INSTALLING OR USING ANY PART OF THE SOFTWARE INDICATES AND CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, RICOH COMPANY, LTD. (“RICOH”) ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE USE OR INSTALLATION OF THE SOFTWARE IMMEDIATELY.
+
+1. Definition.
+“Application Software” means any application software running in connection with and for use of Ricoh Product, which is developed by you in accordance with this License Agreement.
+“Intellectual Property Rights” means any and all rights under patent, copyright, trade secret, and trademark laws and international/multinational treaties, and any and all proprietary and other rights in connection therewith.
+“Ricoh Products” means the 360-degree camera RICOH THETA and its successors. Ricoh may separately specify the Ricoh Products on Ricoh’s website, in accompanying documentation or otherwise.
+“Marks” means trademark, service mark, company logo and trade name.
+
+2. License.
+Subject to the terms of this License Agreement, Ricoh grants you a limited, royalty-free, non-transferable, revocable and non-exclusive license to (a) use the Software solely for the purpose of designing or developing the Application Software and (b) distribute the Application Software and have any third party to use the Application Software solely for the purpose of using the Ricoh Product. You acknowledge and agree that Ricoh or third parties own all legal right, title and interest in and to the Software, including any Intellectual Property Rights that subsist in the Software.
+
+3. Restrictions.
+3.1 Subject to the terms of this License Agreement, you may copy, modify and create derivative works of the Software solely for the purpose set forth in Section 2.
+3.2 Except for as set forth in Section 3.1, you shall not copy, modify, decompile, reverse engineer, disassemble, attempt to derive source code or create derivative works of the Software or any part of the Software
+3.3 Except for as set forth in Section 3.1, you shall not share, distribute, lend, rent, lease, loan, sublicense, sell, assign, transfer or otherwise make available the Software or your rights under this License Agreement to any third party.
+3.4 Except for as set forth in Section 3.1, you shall not extract any portion of the Software for incorporation into other programs or for any other purpose.
+
+4. Application Software
+Ricoh makes no warranty of any kind, either express or implied, including without limitation, any warranty that the Ricoh Product works properly in connection with the Application Software. You shall, at your sole cost and expense, evaluate whether the Application Software works properly and correct any bugs and errors of the Application Software.
+
+5. Support from Ricoh
+Ricoh may, at its sole discretion, provide any technical information on the Software on its website. Notwithstanding the foregoing, Ricoh has no obligation to provide any support or advice to any third party or person, including without limitation, any support and advice for the development of the Application Software and the application and registration of the Application Software to application distribution website.
+
+6. Maintenance of the Application Software
+6.1 You shall, at your sole cost and expense, maintain and update the Application Software to work properly.
+6.2 You shall not make any misrepresentation which states, whether expresses or implied, that Ricoh is the developer, right holder or provider of the Application Software and its related services. Also you shall not use the Software for the purposes to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so.
+6.3 Subject to Section 5, you may, at your sole cost and expense, provide any third party with any support and maintenance service in relation to the Application Software.
+6.4 You agree that if you use the Software to develop the Application Software for general public users, you will protect the privacy and legal rights of those users to comply with any applicable laws and regulations. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely.
+6.5 Ricoh may at any time, immediately terminate this License Agreement and you shall immediately cease using the Software and distributing the Application Software if Ricoh believes, in its sole discretion: (A) the Application Software is invisible to end users; (B) the end users of the Application Software do not easily delete or uninstall it; (C) the Application Software does not run to get the Product work properly; (D) the Application Software contains any contents which is not complied with Ricoh’s latest policy or Ricoh’s designated conditions; (E) the Application Software or any pictures or contents obtained through the Application Software infringe or is likely to infringe any third party’s Intellectual Property Rights or any third party’s rights of publicity or privacy or any other rights; and (F) the Application Software enables any party or person to use the Products in the way offensive to public order and moral.
+
+7. Changes to the Software or this License Agreement.
+From time to time, Ricoh may update or otherwise modify the Software, for example, but not limited to, for purposes of error correction, improvement of features, and enhancement of security features. Such updates or modifications may change or delete the nature of features or other aspects of the Software, including features you may rely upon. You hereby agree that such activities may occur at Ricoh’s sole discretion without liability to you. In the event of such updates or modifications, you shall use the latest version of the Software and modify the Application Software in accordance with such latest version of the Software at your sole cost and expense.
+
+8. Promotion
+8.1 Ricoh and Ricoh affiliates and their dealers may (a) introduce or promote the Application Software in connection with Ricoh Products on website, in promotion materials or at exhibitions; and (b) use your Mark on the promotion materials and package of the Ricoh Products and distribute such promotion materials.
+8.2 You grant Ricoh and Ricoh affiliates and their dealers a non-exclusive, non-transferrable, royalty-free license to use, distribute your Mark in connection with the promotion and distribution of the Ricoh Products.
+8.3 Nothing in this License Agreement gives you a right to use any of Ricoh’s Marks, domain names, or other distinctive brand features.
+
+9. Intellectual Property
+9.1 You acknowledge and agree that Ricoh or its licensors obtain all right, title and interest in and to the Software. Ricoh agrees that it obtains no right, title or interest from you (or your licensors) under this License Agreement in and to any Application Software, including any intellectual Property Rights thereof.
+9.2 You acknowledge that the Software may include third party software subject to other terms and conditions governing the use of such software other than this License Agreement, including without limitation, open source software (“Open Source Software”). Terms and conditions applicable to the Open Source Software are provided to you together with this License Agreement, embedded in the Software or on Ricoh’s website.
+
+10. DISCLAIMER OF WARRANTIES.
+RICOH AND ITS LICENSORS DO NOT PROMISE THAT THE SOFTWARE (INCLUDING ITS FUNCTIONALITY OR FEATURES), OR INFORMATION THAT YOU RECEIVE FROM RICOH WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM RICOH. RICOH CANNOT ENSURE THAT ANY FILES, INFORMATION OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM THE SOFTWARE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, AND RICOH AND ITS LICENSORS DISCLAIM ANY LIABILITY RELATED THERETO. YOUR USE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. RICOH AND ITS LICENSORS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, DUTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. YOUR SOLE REMEDY AGAINST RICOH AND ITS LICENSORS FOR DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND RICOH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RICOH, ITS SUBSIDIARIES AND AFFILIATES, ITS LICENSORS, OR A RICOH AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION. You understand that Ricoh is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or service changes that Ricoh may make, or to publicly announce or introduce the product(s) or service at any time in the future.
+
+11. LIMITATION OF LIABILITY.
+YOU EXPRESSLY UNDERSTAND AND AGREE THAT RICOH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU ARISING FROM OR RELATED TO THIS LICENSE AGREEMENT OR THE SOFTWARE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL WHETHER OR NOT RICOH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES AND LOSSES. Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, exclusions or limitations of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you in the event but only to the extent of any such disallowance.
+
+12. Indemnification.
+To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Ricoh, its subsidiaries, affiliates and their respective directors, officers, employees and agents (“Indemnified Party(s)”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ and experts’ fees and settlement costs) arising out of or accruing from (a) your use or misuse of the Software, (b) any application you design or develop using the Software or any pictures or contents obtained through such application that actually or allegedly infringes or misappropriates any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy or any other rights, and (c) any non-compliance by you with this License Agreement or any law, rule or regulation. You and your counsel will cooperate as fully as reasonably required by the Indemnified Party(s) in defense or settlement of any claim.  Ricoh and/or Indemnified Party(s) reserve the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you.  You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of any Indemnified Party without the prior written consent of Ricoh and/or Indemnified Party(s).
+
+13. Termination
+In case of any breach of this License Agreement, Ricoh may immediately terminate this License Agreement. Upon termination of this License Agreement, you shall immediately cease using the Software and distributing the Application Software
+
+14. Miscellaneous
+14.1 Ricoh may modify or revise the terms and conditions of this License Agreement upon prior notice to you by sending email to you, notifying on Ricoh’s website or any other reasonable means. If you do not accept such revised terms and conditions, you shall notify Ricoh thereof and cease using the Software before the effective date of such revised terms and conditions. Upon your use of the Software after the effective date of such revised terms and conditions, you are deemed to accept such revised terms and conditions.
+14.2 You agree that if Ricoh does not exercise or enforce any legal right or remedy which is contained in this License Agreement (or which Ricoh has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ricoh’s rights and that those rights or remedies will still be available to Ricoh. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License Agreement is invalid, then that provision will be removed from this License Agreement without affecting the rest of this License Agreement. The remaining provisions of this License Agreement will continue to be valid and enforceable.
+14.3 This License Agreement shall be governed by, construed and enforced in accordance with the laws of Japan, without regard to the principles of conflict of law thereof. All disputes, out of or in relation to or in connection with this License Agreement shall be finally settled by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. You agree that any violation of or non-compliance with any term or condition this License Agreement by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ricoh, its affiliates or third party licensors for which monetary damages would be inadequate, and you consent to Ricoh obtaining any injunctive or equitable relief that Ricoh deems necessary or appropriate in such circumstances.
+14.4 This License Agreement contains the entire legal agreement between Ricoh and you relating to your use of the Software and supersedes all prior written or oral agreements, contracts or promises between Ricoh and you.
+14.5 This License Agreement may not be assigned or transferred by you without the prior written approval of Ricoh.