Sansar Terms and Conditions for Beta Software

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THIS IS A BINDING CONTRACT.

Before installing and using the beta version of the virtual reality project currently in development by Linden Research, Inc. and its wholly-owned subsidiaries (hereafter "Linden Lab," "we," "us," or "our") entitled Sansar™, you must carefully read and accept the terms and conditions set forth below (the "Sansar Policy"), Linden Lab's Terms of Service (the "Terms of Service"), and Linden Lab's Privacy Policy (the "Privacy Policy"), including the policies, terms, and dispute resolution procedures linked to or otherwise referenced therein (collectively, the "Agreements"), all of which are hereby incorporated into this Sansar Policy. The Sansar Policy represents a binding contract between Linden Lab and you. If you do not agree to these Agreements do not install or use Sansar and do not create an account.

Linden Lab may update or change these Agreements at any time. In the event of a conflict amongst the Agreements, the Terms of Service shall control except as expressly provided otherwise. All capitalized terms have the meanings set forth in the Terms of Service, unless otherwise stated.

SANSAR POLICY

BETA USER CONDITIONS

We are designing, developing and testing a software product and related products, websites and services entitled Sansar (the "Virtual Reality Project"). We have established a pre-release program (as further defined below, the "Creator Beta Program") to, among other things, allow testing and evaluating the features, functionality and performance of one or more pre-release beta version(s) of the Virtual Reality Project (as further defined below, the "Creator Beta Software") and, as applicable, provide feedback and comments to us. "Creator Beta Program" is the pre-release program for our Virtual Reality Project, which shall include, but is not limited to, related forums, issue-tracking mechanisms, tutorials, and knowledge base articles. "Creator Beta Software" is the beta software provided to you by us and/or our third party suppliers under license in connection with the Creator Beta Program, and any modification thereto, which will include, but is not limited to, the software for accessing the Beta Program and any other third party software for use with the Beta Program.

By creating an account to access the Creator Beta Software and/or participate in the Creator Beta Program, including through any designated forums, issue tracking, tutorials, or knowledge base articles (an "Account"), you hereby agree that:

  1. You are thirteen (13) years of age or older and are entering into the Agreements on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation whatsoever other than that which is expressly provided for in the Agreements. If you are thirteen (13) years of age or older and less than eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater), then your parent or legal guardian must read and accept the Agreements, your use of the Creator Beta Software, and providing any personal information in connection with the Creator Beta Program on your behalf;
  2. You acknowledge that you may not sell, transfer, share, or assign your Account or its contractual rights, licenses and obligations, to or with any third party without our prior written consent;
  3. You acknowledge that we, in our discretion and at any time before or during the Creator Beta Program, may accept or reject your application for the Creator Beta Program or terminate your participation therein, and, if you are accepted, the Agreements constitute binding contracts between you and Linden Lab;
  4. You consent and grant Linden Lab the right, for the duration of your participation in the Creator Beta Program, to allow Linden Lab to upload certain DxDiag DirectX and OpenGL diagnostic information, hardware, software, driver, operating system and related information, including game logs and crash dump files, from your computer for the purpose of testing, analyzing, improving and maintaining the Virtual Reality Project;
  5. You acknowledge that we, in our discretion, may charge a fee for the Creator Beta Software and/or participation in the Creator Beta Program, and your participation in the Creator Beta Program is contingent upon your payment of such fee(s);
  6. We, in our sole discretion, may reschedule the start or end date of the Creator Beta Program at any time; and
  7. You (or your parent or legal guardian, as applicable) agree to all of the terms of the Agreements as set forth herein.
  1. License Terms.
    1. License Grant.

      Subject to the terms and conditions of this Sansar Policy, Linden Lab hereby grants you (the "Recipient," "you," or "your,") a non-exclusive, non-transferable, not-sublicensable, revocable, personal, limited right and license to access the Virtual Reality Project and to install the Creator Beta Software on a single computer for your personal use solely in accordance with the Creator Beta Program. You may only use the Creator Beta Software for testing and evaluation purposes as set forth in Section 1.3 below. All other rights are reserved by Linden Lab. We reserve the right to modify or discontinue the Virtual Reality Project at any time (including by limiting or discontinuing certain features) without notice to you.

    2. License Restrictions.

      As a condition to the foregoing license, you shall not:

      1. Sublicense, transfer, network, transmit, distribute or permit use of the Creator Beta Software by or to any third party;
      2. Use, copy, reproduce, modify, publish, transmit, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, resale, transfer or disclose any part of the Creator Beta Software and the Virtual Reality Project (including, without limitation, any screenshots, videos, or documentation relating to the Virtual Reality Project) except as provided in this Sansar Policy;
      3. Reverse engineer, decompile, or disassemble the Creator Beta Software;
      4. Use the Creator Beta Software in a production environment;
      5. Interfere with or disrupt the integrity or performance of the Creator Beta Software or the Virtual Reality Project; or
      6. Export the Creator Beta Software in violation of the export control and similar laws and regulations of the United States of America and other countries.
    3. Testing and Evaluation Obligations.

      You hereby agree to:

      1. test, evaluate and analyze the Creator Beta Software and its operation, features and capabilities, and performance;
      2. comply with the reasonable requests of Linden Lab from time to time regarding testing; and
      3. provide feedback and comments to Linden Lab (including, but not limited to, bug reports and test results).

      If you provide any feedback, suggestions, improvements, ideas or comments to Linden Lab (including bug reports and test results) ("Feedback"), all of your Feedback shall be the sole and exclusive property of Linden Lab and/or its licensors, and Linden Lab and/or its licensors shall have the perpetual right to use, disclose, reproduce, license, distribute and otherwise commercialize all or part of your Feedback in any manner or media now known or hereafter devised.

    4. Personal Information; Monitoring; Privacy Issues.

      As a condition to your participation in the Creator Beta Program, you shall provide to Linden Lab, or allow Linden Lab to upload on an ongoing basis, certain personally identifiable information, including, but not limited to, certain specifications of your hardware, DxDiag DirectX and OpenGL diagnostic information, video cards, drivers, operating system, game logs, crash dump files, and software ("Personal Information") and you hereby specifically grant Linden Lab the right to upload such Personal Information from your computer system during your participation in the Creator Beta Program, for the purpose of evaluating, analyzing, maintaining and improving the Virtual Reality Project. Our retention and use of all Personal Information shall be subject to Linden Lab's posted Privacy Policy, as we may modify the policy in our discretion from time to time. Notwithstanding the foregoing, you acknowledge that any and all Creator Beta Software data is stored and is resident on Linden Lab's servers, and any and all communications that you make within the Creator Beta Software, the Virtual Reality Project or as part of the Creator Beta Program (including, but not limited to, messages solely directed at another user or users) traverse through Linden Lab's servers, may be publicly visible to other participants of the Creator Beta Program under certain circumstances, may or may not be monitored by our personnel and, accordingly, you have no expectation of privacy in any such communication or in any communication referenced herein. You acknowledge and agree that Linden Lab may transfer and process the Virtual Reality Project, Creator Beta Program and such other information (including your Personal Information) to the United States or other countries and may share such information with our licensees and agents in connection with the Creator Beta Program, the Creator Beta Software and the Virtual Reality Project.

    5. Term and Termination.

      If you violate any provision of the Sansar Policy or Agreements, your permission to use the Virtual Reality Project and Creator Beta Software will terminate automatically. In addition, we may, in our sole discretion, (a) suspend or terminate your Account and/or your access to the Virtual Reality Project, or (b) remove any of your User Content, at any time, without notice for any reason. We will have no liability whatsoever as a result of any suspension or termination of your access to or use of the Virtual Reality Project OR Creator Beta Software. Your participation in the Creator Beta Program, and the grant of license herein, may be terminated by Linden Lab at any time, for any reason or for no reason, in our sole and absolute discretion, by providing written, electronic or e-mailed notice to you. You may, at any time and for any reason or for no reason, terminate your participation in the Creator Beta Program by providing written or e-mailed notice to Linden Lab. The Creator Beta Program will be terminated upon the earlier of (a) our written, electronic or e-mailed notice to you, or (b) the commercial release of the Virtual Reality Project. The termination of your participation in the Creator Beta Program and/or the termination of the Creator Beta, however, shall not modify or supersede the survival provision set forth in the Terms of Service.

    6. Third Party Sites.

      The Virtual Reality Project may contain links to third-party websites. Any third-party websites are not under our control, and we are not responsible for their content or services or such website's use of your data.

  2. Ownership

    Except for the revocable, limited license expressly granted hereunder, Linden Lab retains all rights, title and interests in and to the Creator Beta Software and the Virtual Reality Project and all copies thereof, and all data in connection therewith. The Creator Beta Software is copyrighted and is protected by United States copyright laws and international treaty provisions. You acknowledge that Linden Lab and/or its licensors own all intellectual property rights in and to the Creator Beta Software and Virtual Reality Project, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto, and that the Creator Beta Software contains our valuable trade secrets. You may not remove the copyright and other proprietary rights notices from the Creator Beta Software. You agree that this Sansar Policy shall be retained with all documentation constituting the Creator Beta Software. You agree to prevent any unauthorized copying or distribution of the Creator Beta Software. Except for the license as expressly provided herein, we do not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of Linden Lab and/or its licensors. In accordance with Section 1.3, you agree that Linden Lab and/or its licensors own, and you hereby assign, all rights, title and interests in any and all of your Feedback, without any remuneration, compensation or credit to you. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned, and, until such time, grant to Linden Lab an irrevocable, exclusive, perpetual, royalty free, fully-paid license, throughout the universe, to such nontransferable rights including, but not limited to, the unfettered right to use, disclose, reproduce, license, modify, copy, distribute, perform, display, synchronize, compose, record and commercialize any and all of such Feedback. At our request, you agree to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce Linden Lab's and/or our licensors' ownership of any of the rights, title and/or interests hereunder, in whole or in part including, without limitation, execution of a copyright assignment in a form provided by Linden Lab in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint us as your attorney(s) in fact, which appointment(s) are coupled with an interest and are irrevocable, to act on your behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by you hereunder are granted for the entire universe and shall inure in perpetuity and, as set forth above, no further consideration shall be payable to you at any time. You will acquire no right to use, and will not use without our prior, written consent, the names, characters, artwork, design, tradenames, copyrighted materials, trademarks or service marks of Linden Lab or its affiliated entities, and their officers, employees, directors, shareholders, assigns, successors or licensees: (a) in any advertising, publicity or promotion; or (b) in any manner other than in accordance with this Sansar Policy.

  3. User Content.
    1. User Content Representation and Warranties.

      In connection with Content you upload, publish, display, store, post or submit to any part of the Creator Beta Program and/or Creator Beta Software (the "User Content"), you affirm, represent, and warrant that: (i) you own or have all necessary rights, title, interests, licenses, consents, and permissions, and authorize Linden Lab and participants of the Creator Beta Program, to use the User Content in the manner contemplated by the Creator Beta Program and this Sansar Policy and to grant the rights granted herein and (ii) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. “Content” means any works of authorship, creative works, images, graphics, photos, videos, text, virtual content, logos, trademarks or textures.

    2. User Content License.

      Subject to the rights, licenses, and other terms of this Sansar Policy (including Section 2) and any underlying rights of other Creator Beta Program participants or Linden Lab in content you use or modify, you retain any and all rights, title, and interest in your User Content that you own or have licensed under applicable law. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration or remuneration for any of the rights granted in this Section. You hereby grant to Linden Lab the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully paid-up and royalty free right and license to use, copy, record, distribute, reproduce, disclose, modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and sell, re-sell, or sublicense (through multiple levels) and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, solely in connection with the operation of the Virtual Reality Project and Linden Lab's business.

    3. Linden Lab does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Linden Lab shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against Linden Lab for any such third-party unauthorized copying, usage or distribution of the User Content, under any theory of liability.

  4. Virtual Property

    Through the Creator Beta Software and/or Creator Beta Program, we, in our sole discretion, may offer you the ability to acquire virtual tokens representing contractual permission from Linden Lab to access features of the Virtual Reality Project (as further described below, "Sansar Dollars") and acquire, buy or sell virtual, digital items in the Virtual Reality Project ("Virtual Goods") through our Sansar on-line marketplace ("Sansar Store") in exchange for Sansar Dollars or for free, ("Sansar Dollars" and "Virtual Goods" are referred to collectively as quot;Virtual Property").

    1. Virtual Goods License.

      If we offer you the ability to acquire Virtual Goods, we hereby grant you a non-exclusive, revocable, personal, limited, non-transferable right and license to use Virtual Goods only for your personal use exclusively in connection with the Virtual Reality Project as permitted by us, subject to the Sansar Policy. Except for a limited, revocable, non-transferable license to use the Virtual Goods in the Virtual Reality Project and/or Creator Beta Software, you have no ownership right in or title to such Virtual Goods, except to Virtual Goods that are comprised exclusively of your User Content.

    2. Sansar Dollar License.

      The Virtual Reality Project includes the ability to use virtual tokens ("Sansar Dollars" or "S$"), each of which constitutes a limited license to use features of the Virtual Reality Project as set forth below. Linden Lab may or may not charge fees to acquire or use Sansar Dollars, and these fees may change at any time.

      If we offer you the ability to acquire a limited license to use Sansar Dollars, we hereby grant you a non-exclusive, revocable, personal, limited, non-transferable right and license to use Sansar Dollars only for your personal use exclusively in connection with the Virtual Reality Project as permitted by us, subject to the Sansar Policy. Each Sansar Dollar that you may acquire constitutes a limited license granted to you by Linden Lab to access and use Content, applications, services, and various user-created features in the Virtual Reality Project, and is digitally represented in the Virtual Reality Project as a virtual token that can be traded and/or transferred in the Virtual Reality Project with other users (and/or Linden Lab) in exchange for permission to access and use specific Content, applications, services, and various user-created features, in each case in accordance with this Sansar Policy and the Terms of Service. Sansar Dollars are transferable by the holder to any other user, provided that both users comply with this Sansar Policy and the Terms of Service, maintain their Accounts in good standing, and are not delinquent on any Account payment requirements. Except as expressly permitted by this Sansar Policy or otherwise expressly permitted by Linden Lab, Sansar Dollars may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of this Sansar Policy or the Terms of Service is null and void. Linden Lab may revoke any Sansar Dollar at any time without notice, refund or compensation in the event that: (i) the Sansar Dollar program is suspended or discontinued; (ii) Linden Lab determines that fraud or other illegal conduct is associated with the holder's Account; (iii) Linden Lab imposes a fixed time period during which the license rights provided by the Sansar Dollar may be exercised; (iv) the holder's Account is terminated for violation of the Agreements; or (v) the holder becomes delinquent on any of that user's Account payment requirements, ceases to maintain an active Account or terminates any of the Agreements.

    3. You acknowledge that Sansar Dollars are not currency or any type of currency substitute or financial instrument, do not have any equivalent value in any currency, and are not redeemable for any sum of money from Linden Lab at any time. You agree that Linden Lab has the right to manage, regulate, control, and/or modify the license rights underlying such Sansar Dollars as it sees fit, and may revalue or make such license rights more or less common, valuable, effective, or functional, and that Linden Lab will have no liability to you based on its exercise of this right.

    4. You may sell or license Virtual Goods, comprised exclusively of your User Content, on the Sansar Store. In the event a user acquires Sansar Dollars as a direct result of selling or licensing such Virtual Goods, Linden Lab may, in its sole discretion, permit refunds of such Sansar Dollars to U.S. currency ("Refund"), at a rate fixed by Linden Lab in its sole discretion. Subject to your compliance with the Sansar Policy and related Agreements, you may be eligible to request a credit of any portion of the Refund associated with your account to your PayPal account or other account permitted by Linden Lab. Linden Lab, in its sole discretion, may approve or deny your Refund request, based on Linden Lab's procedures, requirements and limitation established in Linden Lab's sole discretion and applicable law. If approved, the Refund request will be subject to a fee payable to Linden Lab, and we will attempt to process the credit after approximately 30 days following an eligible request. Sansar Dollars that are bought from Linden Lab, received as a gift from another user or Linden Lab, or received through a promotion or contest are not eligible for requests to process credit. Linden Lab may suspend, or discontinue this exchange feature at any time and for any reason, and may terminate or reverse any transaction in the event of actual or suspended fraud, violations of laws or regulation or deliberate disruptions to or interference with the Virtual Reality Project.

    5. You are solely responsible for verifying that Virtual Property have been added to or deducted from your Account during any given transaction. Please notify Linden Lab immediately if you believe that a mistake has been made with respect to your Virtual Property. Linden Lab makes no guarantee as to the nature, quality, or value of the features of the Virtual Reality Project, Creator Beta Software and/or Creator Beta Program that will be accessible through the use of the Virtual Property, or the availability or supply of any Virtual Property.

    6. Buying, selling and/or otherwise transferring Virtual Property outside of the Virtual Reality Project, Creator Beta Software and/or Creator Beta Program is strictly prohibited. Virtual Property may have an expiration date. Free and/or promotional Virtual Property offered by Linden Lab may be expired in our sole and absolute discretion at any time. YOU ACKNOWLEDGE AND AGREE THAT THE VIRTUAL PROPERTY YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE, EXCEPT AS PROVIDED IN SECTION 4.4. NO REFUNDS OR RETURNS WILL BE MADE FOR THE PURCHASE OF VIRTUAL PROPERTY. YOU AGREE THAT LINDEN LAB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR VIRTUAL PROPERTY WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY.

    7. As Linden Lab deems necessary, in its sole and absolute discretion, we may limit the total amount of Virtual Property that may be purchased at any one time, and/or limit the aggregate amount of Virtual Property that may be held in your Account.

    8. While Linden Lab may transfer any Virtual Property you accumulate during the Creator Beta Program to your Account in the commercial version of the Virtual Reality Project, Linden Lab makes no such guarantee. Notwithstanding the foregoing, Linden Lab has the absolute right to manage, regulate, control, modify, and/or eliminate and/or Virtual Property, both in the Creator Beta Program and in the commercial version of the Virtual Reality Project, as it sees fit in its sole discretion, and, except to the extent of applicable law, we shall have no liability to you or anyone for the exercise of such rights. Accordingly, price and availability of Virtual Property are subject to change without notice. You acknowledge that Linden Lab can and will, in its discretion, modify features, functions or abilities of any element of the Virtual Reality Project or Virtual Property (which may, among other things, make the Virtual Property substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). Linden Lab may revise the pricing for the Virtual Property offered.

    9. In the event that your Account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue offering the Virtual Reality Project, Creator Beta Software and/or Creator Beta Program, you forfeit any and all Virtual Property. Linden Lab has no liability for any loss of your Virtual Property from your Account. You promise, therefore, that you will never assert or bring any claim or suit against Linden Lab, its affiliates, directors, officers, employees, agents and representatives, which is related to or based on a claim (i) for the "value" of Virtual Property if Linden Lab deletes them (and/or terminates your Account(s)), (ii) for the "value" of Virtual Property that you may lose if Linden Lab does anything that it is entitled to do pursuant to any provision of this Sansar Policy, Terms of Use, Privacy Policy and/or applicable policy, or for any malfunctions and/or "bugs" in the Virtual Reality Project, Creator Beta Software and/or Creator Beta Program, and/or (iii) that the "value" of any Virtual Property has increased or decreased by virtue of any game modification that we have made or will make.

  5. Injunctive Relief.

    You acknowledge and agree that a breach or threatened breach of any covenant contained in this Sansar Policy would cause irreparable injury, that money damages would be an inadequate remedy, and that Linden Lab shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this Section shall be construed as preventing Linden Lab from pursuing any and all remedies available to it, including the recovery of money damages from you.

  6. No Warranty; No Liability for Damages; No Support.
    1. No Warranty.

      You acknowledge that the Creator Beta Software is a pre-release beta version that is still being developed, tested and evaluated, and is not a final product or commercially released virtual world, virtual reality experience or platform. YOU ACKNOWLEDGE THAT THE CREATOR BETA SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS AND IT MAY BE UNSTABLE OR INNACESSIBLE. THE CREATOR BETA SOFTWARE, THE VIRTUAL REALITY PROJECT AND THE DISTRIBUTION OF USER CONTENT THROUGH THE SANSAR STORE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, OR YOUR USE, OF THE CREATOR BETA SOFTWARE, CREATOR BETA PROGRAM, THE VIRTUAL REALITY PROJECT AND ALL OTHER SERVICES IS WITH YOU. LINDEN LAB MAKES NO REPRESENTATION AS THE OWNERSHIP OR LEGALITY OF ANY USER CONTENT AND YOU EXPRESSLY RELEASE LINDEN LAB FROM ANY SUCH LIABILITY. Without limiting the foregoing, Linden Lab does not ensure continuous, error-free, secure or virus-free operation of the Creator Beta Software, the Virtual Reality Project, your Account or continued operation or availability of any given server. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability described herein may not apply to some Recipients. This warranty gives you specific legal rights and you may also have other legal rights in your jurisdiction.

    2. No Liability for Damages.

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LINDEN LAB, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, ARISING OUT OF OR RELATING TO THIS SANSAR POLICY IS TO STOP USING THE VIRTUAL REALITY PROJECT AND/OR CREATOR BETA SOFTWARE, AND TO CANCEL YOUR ACCOUNT. IN NO EVENT SHALL LINDEN LAB, ITS AFFILIATED ENTITIES OR ITS OR THEIR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE CREATOR BETA SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the generality of the foregoing, no warranty is made that the Creator Beta Software will generate computer programs with the characteristics or specifications desired by you or that the Creator Beta Software will be error-free. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS DESCRIBED IN THIS SECTION CONSTITUTE AN ESSENTIAL PART OF THIS SANSAR POLICY.

    3. No Support.

      Linden Lab is not obligated to correct any bugs, defects or errors in the Creator Beta Software or otherwise provide any support, maintenance or any other services for the Creator Beta Software, however, we may provide an e-mail address or a password-protected board or forum for you to send any questions and/or comments regarding the Creator Beta Software. Linden Lab does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to your e-mail(s) and/or board or forum posting(s). You acknowledge that all information and content communicated through, or contained within, any such e-mail address or password-protected board or forum shall be subject to Section 2 of this Sansar Policy.

    4. Test Environment.

      You acknowledge that the Creator Beta Program is a test environment, that Content and data will be frequently wiped or modified in our sole discretion, and that, notwithstanding any fee(s) that you may be charged for participation in the Creator Beta Program, Creator Beta Program avatars, avatar data, and/or Virtual Goods (as defined herein) may not be exported into the Virtual Reality Project once the game is commercially released, except in our sole discretion. You agree that, to the extent permitted by applicable law, Linden Lab is not liable for any loss of data, content, function or utility.

  7. Governing Law; Venue

    This Sansar Policy will be governed by the Dispute Resolution and Arbitration provisions of the Terms of Service (Section 10 of the Terms of Service), which are incorporated by reference herein. This Sansar Policy will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

  8. Related Policies

    The following related policies are incorporated by reference in and made part of this Sansar Policy, and provide additional terms, conditions and guidelines regarding the Virtual Reality Project.

    This Sansar Policy, together with the related policies referenced above and related Agreements set forth the entire understanding and agreement between Linden Lab and you with regard to the subject matter herein and supersedes any prior oral or written agreements or understandings between you and Linden Lab with regard to the subject matter herein. Linden Lab may assign this Agreement without your consent. You may not assign the Agreement or your account with the prior written consent of Linden Lab. Linden Lab may amend any of the terms of this Sansar Policy by posting the terms. Your continued use of the Virtual Reality Project or Creator Beta Software after the effective date of the revised Sansar Policy constitutes your acceptance of the terms.

Effective: December 4, 2018