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Tracking4All EULA

Last updated: 2024-09-30

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BACKGROUND:

G8gaming Ltd, a federally incorporated entity in Canada (989389-0), has developed a body tracking framework known as Tracking4All. Tracking4All allows developers to integrate real-time body tracking capabilities into authorized Unity3D video game style projects.

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This Tracking4All End User License Agreement (the “Agreement”) governs your access to and use of the Tracking4All framework. The Agreement constitutes a legally binding contract outlining your rights and obligations regarding the use of G8gaming Ltd’s body tracking framework (Tracking4All), including any updates, upgrades, or modifications made available by G8gaming Ltd (collectively referred to as the “Licensed Technology”).

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By accessing, or using the Licensed Technology, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not accept or cannot comply with these terms, do not access or use the Licensed Technology.

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When we say, “you,” “your” or “yourself”, we mean you as an individual or the legal entity exercising rights under this Agreement through you. When we say “G8gaming,” “we” or “us,” we are referring to G8gaming Ltd the entity responsible for providing the Licensed Technology to you.

 

WHAT IS BEING LICENSED TO YOU:

Under this Agreement, G8gaming Ltd grants you a license to use the Licensed Technology, which includes all G8gaming Ltd code and related content that is transferred to your system when you download the Tracking4All framework.

  • "Framework Source Code" refers to the Source Code (as defined below) and object code of Tracking4All, including any future versions, updates, or upgrades made available to you by G8gaming Ltd under this Agreement. This also includes any object code compiled from the provided Source Code.

  • "Source Code" refers to the human-readable form of the Tracking4All software, which includes all associated modules and components.

 

Additionally, the Licensed Technology encompasses any modifications or derivative works of the above components that you create under the terms of this License.

 

However, the Licensed Technology does not include any third party items, assets, content, or materials located in the “Third Party” folder, which may be provided by us but are subject to separate terms and conditions which you also agree to. In the case of additional license terms, the additional license terms will take precedence over any inconsistencies with the terms of this License with regard to the Third Party content licensed under those additional license terms. You agree that the owners of the Third Party content are intended third party beneficiaries to this Agreement in relation to your uses of Third Party content.

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HOW YOU CAN USE THE LICENSED TECHNOLOGY:

G8gaming Ltd grants you a non-transferable, non-exclusive, and non-sublicensable license to privately use, reproduce, display, perform, and modify the Licensed Technology in accordance with the terms of this Agreement (the “License”).

For the purposes of this Agreement, “Products” refers to any products, services, or other projects that:

  • (a) are made using or with reference to the Licensed Technology, or

  • (b) combine any Licensed Technology with any other software or content.

 

You may only use the Licensed Technology with the intent to incorporate the Licensed Technology, together with substantial, original content, into an electronic application or digital media Product that has a purpose, features, and functions beyond the display, performance, distribution, or use of the Licensed Technology.

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Without express authorization, the Licensed Technology may not be used where;

  • the Product’s primary purpose is to create user generated content; or

  • the Product’s primary purpose is as a tool that utilizes the Licensed Technology to integrate with other platforms, games, or services to provide any substantial features or functionality of the Licensed Technology; or

  • the Product’s primary purpose is to act as an intermediary or facilitator between the Licensed Technology and any external application or service. This includes, but is not limited to, creating or providing a Product that generates inputs, outputs, or simulations based on the Licensed Technology for use in other games, platforms, or applications; or

  • the Product depicts sexual, pornographic, or excessively graphic content; or

  • the Product's intended use relates to a VR (virtual reality) headset, or a head mounted display; or

  • the Licensed Technology implies a digital representation of value, ownership, or contractual rights.​

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If you wish to distribute the Licensed Technology or any Products created using the Licensed Technology, please refer to the sections below, which explain the circumstances under which distribution is permitted and how it must be done.

 

HOW YOU CAN DISTRIBUTE PRODUCTS YOU’VE MADE WITH THE LICENSED TECHNOLOGY

You may only Distribute Products that incorporate the Licensed Technology as expressly permitted in this section. Any Product you Distribute that incorporates Licensed Technology must incorporate the Licensed Technology only in object code form and only as an inseparable part of the Product.


"Distribute" means, with respect to code or a Product, to provide or otherwise make a copy of the code or Product available publicly or to any other person or entity or make its functionality available on a network.

 

Use by End Users, Publishers, and Distributors:
When you Distribute a Product, you may permit end users to use, reproduce, display and publicly perform the Licensed Technology, solely (1) as incorporated in the Product in object code as an inseparable part of the Product, (2) to the extent necessary for end users to make permitted uses of the Product, (3) pursuant to an end user license agreement that explicitly disclaims any representations, warranties, conditions, and liabilities related to the Licensed Technology.

 

Additionally, you may not permit your end users to:

  • incorporate any Licensed Technology into their own products, services, or other projects; or

  • use your Product to provide any substantial functionality or feature of the Licensed Technology to external applications or services; or

  • use your Product to share or transmit any data generated by the Licensed Technology to any other application or service.

 

You may, however, permit your publishers and distributors to market and Distribute a Product on your behalf, but only to the extent that you are permitted to make such Distribution under this Agreement and only where such Distribution will be subject to the terms of this Agreement.

 

WHAT YOU PAY TO G8GAMING LTD FOR USING THE LICENSED TECHNOLOGY

Depending on how you use the Licensed Technology, you may be obligated to pay G8gaming Ltd seat fees under this Agreement:

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Seat Fees: For any use of the Licensed Technology, you must purchase licenses on a per-seat basis for each developer who accesses or uses the Licensed Technology per Product, unless you qualify for an exemption. A "Seat" refers to a single individual who is licensed to use the Licensed Technology.

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Notice: Seats are per Product and per individual.

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REPORTING AND PAYMENT

Any amounts unpaid shall accrue interest at a rate equal to 5% or the maximum rate allowable by applicable law, whichever is less, compounded monthly.

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Except as required by law, all payments, and fees, are non-refundable.

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GENERAL RESTRICTIONS:

You must ensure that your activities with the Licensed Technology do not:

  • violate any applicable law or regulation;

  • result in the Licensed Technology being rented or leased;

  • misappropriate any of our other products or services;

  • support a claim by you or any third party that the Licensed Technology infringes a patent;

  • result in a sale or grant of a security interest in any Licensed Technology; or

  • result in a Distribution of a Product or the Licensed Technology in any manner other than as permitted under this Agreement.

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WHO OWNS WHAT:

As between you and us, you own all rights, other than rights in the Licensed Technology, in the Products you develop under this Agreement, and we own all title, ownership rights, and intellectual property rights in the Licensed Technology.

All rights granted to you under this Agreement are granted by the License only and not by sale, and all of those rights are limited by and subject to the terms of this Agreement. No license or other right in any G8gaming Ltd technology or intellectual property rights other than the Licensed Technology is granted under this Agreement, and no license or other rights will be created under this Agreement by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of this Agreement will be null and void.

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Proprietary Notices and Attribution
You agree to retain the copyright, trademark, and other proprietary notices and disclaimers of G8gaming Ltd and third parties as they appear in the Licensed Technology.

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No other license or right is granted under this Agreement in the trademarks, service marks, trade names, and logos associated with G8gaming Ltd, G8gaming Ltd’s games and other intellectual property, including Tracking4All. All use of the G8gaming Ltd Trademarks will inure to the sole benefit of G8gaming Ltd. You agree not to engage in any activity that could tarnish, dilute, or affect the validity or enforceability of the G8gaming Ltd Trademarks or cause consumer confusion or diminish any goodwill relating to any G8gaming Ltd Trademarks.

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Third Party Software

The Licensed Technology incorporates and is bundled with code developed by third parties (the “Third Party Software”) that may be subject to additional or alternative license terms. If Third Party Software is incorporated in the Licensed Technology and is subject to additional license terms, those terms or other attribution requirements can be found in the "Third Party" folders in the Assets folder.

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By entering into this Agreement and using Third Party Software, you are accepting the terms of those additional or alternative licenses. In the case of additional license terms, the additional license terms will take precedence over any inconsistencies with the terms of this License with regard to the Third Party Software licensed under those additional license terms. You agree that the owners of the Third Party Software are intended third party beneficiaries to this Agreement in relation to your uses of Third Party Software.

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You may not, and may not permit others to, combine, distribute, or otherwise use the Licensed Technology with any code or content covered by a license that would require all or part of the Licensed Technology to be governed by terms other than those in this Agreement. For example, you may not combine the Licensed Technology with code or content licensed under the following: GNU General Public License (GPL), Lesser GPL (LGPL) (unless dynamically linking a shared library), or Creative Commons Attribution-ShareAlike License.

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Feedback and Contributions

You grant G8gaming Ltd a right to freely use and disclose any feedback or suggestions that you provide to us regarding the Licensed Technology (the “Feedback”). You acknowledge that we may use any Feedback, including any ideas contained in Feedback, for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, modify, or improve the Licensed Technology in our sole discretion. 

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AMENDMENTS

If we make changes to this Agreement, you are not required to accept the amended Agreement, and this Agreement will continue to govern your use of any Licensed Technology you already have access to.

However, if we make changes to this Agreement, you will not be allowed to access certain G8gaming Ltd services or use the Licensed Technology unless you have accepted the amended Agreement. If we make changes, we will provide you with notice, such as by including a notice via the Changelog or README file included with updates to the Licensed Technology.

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GENERAL TAXES

You are responsible for all taxes on all payments required to be made by you under this Agreement (other than taxes that G8gaming Ltd is obligated to pay on its income, which are G8gaming Ltd’s responsibility). If you are required by a government agency to reduce your payment to G8gaming Ltd for any reason, you are required to provide sufficient documentation to G8gaming Ltd supporting the withholding.

 

DISCLAIMERS, INDEMNIFICATION

THE LICENSED TECHNOLOGY, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, CODE, AND SOFTWARE, ARE PROVIDED BY G8GAMING LTD ON AN “AS IS” AND “AS AVAILABLE” BASIS. G8GAMING LTD AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS (THE “G8GAMING LTD PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED TECHNOLOGY. YOUR USE OF THE LICENSED TECHNOLOGY IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE G8GAMING LTD PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE G8GAMING LTD PARTIES DO NOT WARRANT THAT THE LICENSED TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY DISCLAIMERS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

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TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE G8GAMING LTD PARTIES, WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE G8GAMING LTD PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $1,000 AND THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO G8GAMING LTD UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. SEEKING DAMAGES AS LIMITED BY THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE G8GAMING LTD PARTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

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As permissible to the fullest extent of the law, you agree to indemnify, pay the defense cost of, and hold harmless the G8gaming Ltd Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) arising out of or in connection with any third-party claims, demands, or actions (i) that, if true, would involve a breach by you of this Agreement (including, without limitation, any distribution or sublicensing of the Licensed Technology in violation of this Agreement), or (ii) related to your Products or your exercise of the License (except to the extent the third party is alleging your authorized use of unmodified Licensed Technology originally provided to you by G8gaming Ltd under this Agreement infringes any patent, trademark, or copyright).

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Any dispute or claim by you arising out of or related to this Agreement will be governed by Alberta Canada law, exclusive of its choice of law rules. You and G8gaming Ltd agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial.

 

MISCELLANEOUS

G8gaming Ltd does not have any support obligations with respect to the Licensed Technology under this Agreement. Without limiting the foregoing, G8gaming Ltd does not have any obligation to make new versions of the Licensed Technology available, or to continue to make available for access or download any versions of the Licensed Technology.

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If you are under the age of legal majority where you live or otherwise require the consent of a parent or legal guardian to enter into this Agreement under applicable law, you may use the Licensed Technology only under the supervision of a parent or legal guardian who also agrees to be bound by this Agreement.

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You may not assign your rights or obligations under this Agreement, including any rights to use the Licensed Technology. Any attempted assignment in violation of the foregoing will be void. We may assign this Agreement, in whole or in part, or delegate our rights or obligations hereunder with or without notice to you.

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The relationship between you and G8gaming Ltd will be that of independent signatories, and nothing in this Agreement will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. This Agreement will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.

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Any act by G8gaming Ltd to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity. Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated. G8gaming Ltd’s obligations are subject to existing laws and legal process, and G8gaming Ltd may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.

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Upon conclusion of this Agreement, all royalties and fees due to G8gaming Ltd will become immediately due and payable and all rights and remedies of G8gaming Ltd will survive.

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You will keep accurate books and records that are reasonably sufficient to verify your compliance with the Seat fee requirements. G8gaming Ltd or its designated representatives may upon reasonable prior notice to you conduct reasonable audits of those books and records. Any such audit (a) will be conducted by an independent third party auditor designated by G8gaming Ltd, (b) will not unreasonably interfere with your business activities, (c) may be conducted no more frequently than once every twelve (12) months, and (d) will be conducted during regular business hours. Provided you have complied with this Agreement, G8gaming Ltd will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited. In all other cases, you will reimburse G8gaming Ltd for the cost of the audit.

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The Licensed Technology contain intellectual property and trade secrets developed by G8gaming Ltd. You agree to not directly or indirectly use this Licensed Technology to create or develop any technology, product, or service that competes with or provides the functionality or features of the Licensed Technology. This includes any efforts to create alternative solutions that would render the Licensed Technology redundant or diminish the value, purpose, commercial fitness, or ability of G8gaming Ltd to commercialize the Licensed Technology to you or others.

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The Licensed Technology may not be used for any illegal purposes or where a lack of performance of the framework could pose a significant risk to yourself, or others. The Licensed Technology may not be used by any government body or for the purposes of surveillance.

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You must take reasonable steps to protect the privacy of your end users.

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This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and G8gaming Ltd relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.

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Questions: support@g8gaming.ca

Business Use Cases: business@g8gaming.ca

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