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.
We are designing and developing a software product entitled Sansar ( the "Virtual Reality Project"). We have established a pre-release test program (as further defined below, the "Beta Program") to, among other things, allow a limited number of people to test the features, functionality and performance of one or more pre-release version(s) of the Virtual Reality Project (as further defined below, the "Beta Software") and provide feedback and comments to us. "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. "Beta Software" is the software provided to you by us and/or our third party suppliers under license in connection with the Beta Program, which shall 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 Beta Software and/or participate in the Beta Program, including through any designated forums, issue tracking, tutorials, or knowledge base articles (an "Account"), you hereby agree that:
Linden Lab grants you (the "Recipient," "you," or "your") the non-exclusive, non-transferable, revocable, limited right and license to install the Beta Software on a single computer for your personal use. You may not use, copy, reproduce, modify, publish, transmit, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose any part of the Beta Software (including, without limitation, any screenshots, videos, or documentation relating to the Virtual Reality Project) except as provided in this Sansar Policy. You may only use the Beta Software for testing and evaluation purposes as set forth in Section 1.3 below. All other rights are reserved by Linden Lab.
You shall not:
Testing and Evaluation Obligations.
You hereby agree to:
All of your feedback and comments 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 all or part of your feedback or comments in any manner or media now known or hereafter devised.
Personally Identifiable Information; Monitoring; Privacy Issues.
Your participation in the 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 Beta Program by providing written or e-mailed notice to Linden Lab. The 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 Beta Program and/or the termination of the Beta Program, however, shall not modify or supersede the survival provision set forth in the Terms of Service.
Except for the revocable, limited license expressly granted hereunder, Linden Lab retains all rights, title and interests in and to the Beta Software and all copies thereof, and all data in connection therewith. The 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 Beta Software, 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 Beta Software contains our valuable trade secrets. You may not remove the copyright and other proprietary rights notices from the Beta Software. You agree that this Sansar Policy shall be retained with all documentation constituting the Beta Software. You agree to prevent any unauthorized copying or distribution of the 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 all rights, title and interests in any and all of your feedback and comments, 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 modify, copy, distribute, perform, display, synchronize, compose, record and commercialize any and all of such feedback and comments. 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.
In connection with content you upload, publish, or submit to any part of the Beta Program and/or Beta Software (the "User Content"), you affirm, represent, and warrant that you own or have all necessary rights, title, interests, licenses, consents, and permissions, and authorize Linden Lab and participants of the Beta Program, to use the User Content in the manner contemplated by the Beta Program and this Sansar Policy. Subject to the rights, licenses, and other terms of this Sansar Policy (including Section 2) and any underlying rights of other 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 already hold 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, and you agree to grant to us, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-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)(with respect to the Beta Program and Beta Software as permitted by you through your interactions with the Beta Program and Beta Software), and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever 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.
The Beta Software and/or Beta Program may allow you to accumulate virtual, digital items in the Virtual Reality Project ("Virtual Goods") and virtual tokens representing contractual permission from Linden Lab to access features of the Virtual Reality Project (as further described below, "Sansar Dollars")(collectively, "Virtual Property").
Virtual Goods License.
Except for a limited, revocable, non-transferable license to use the Virtual Goods in the Virtual Reality Project and/or Beta Software, you have no ownership right in or title to such Virtual Goods.
Sansar Dollar License.
The Virtual Reality Project includes a component of virtual tokens ("Sansar Dollars" or "S$"), each of which constitutes a limited license permission 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.
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.
You acknowledge that Sansar Dollars are not currency or any type of currency substitute or financial instrument, 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 valuable, effective, or functional, and that Linden Lab will have no liability to you based on its exercise of this right. As Linden Lab deems necessary, in its sole and absolute discretion, we may limit the total amount of Sansar Dollars that may be purchased at any one time, and/or limit the aggregate amount of Sansar Dollars that may be held in your Account.
Sansar Dollar Exchange.
The Virtual Reality Project may include a component called the "Sansar Dollar Exchange" or the "SandeX," which refers to an aspect of the Virtual Reality Project through which Linden Lab permits Sansar Dollars to be purchased by a user or exchanged by a user with Linden Lab. You acknowledge that your use of the SandeX is subject to the terms and conditions set forth by an applicable Payment Service Provider. If you do not so agree, you are prohibited from accessing or using the SandeX.
Linden Lab or its Payment Service Provider may halt, suspend, discontinue, or reverse any SandeX exchange transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Virtual Reality Project.
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, Beta Software and/or Beta Program that will be accessible through the use of the Virtual Property, or the availability or supply of any Virtual Property.
Buying, selling and/or otherwise transferring Virtual Property outside of the Virtual Reality Project, Beta Software and/or 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. NO REFUNDS 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.
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.
While Linden Lab may transfer any Virtual Property you accumulate during the 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 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.
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.
You acknowledge that the Beta Software is a pre-release version and is not a final virtual world, virtual reality experience or platform. YOU ACKNOWLEDGE THAT THE BETA SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS. THE BETA SOFTWARE IS 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 OF THE BETA SOFTWARE, THE VIRTUAL REALITY PROJECT AND ALL OTHER SERVICES IS WITH YOU. Without limiting the foregoing, Linden Lab does not ensure continuous, error-free, secure or virus-free operation of the 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.
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 OR ITS OR THEIR 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 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 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 Beta Software will generate computer programs with the characteristics or specifications desired by you or that the Beta Software will be error-free. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS DESCRIBED IN THIS SECTION CONSTITUTE AN ESSENTIAL PART OF THIS SANSAR POLICY.
Linden Lab is not obligated to provide any support for the 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 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.
You acknowledge that the 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 Beta Program, 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.
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.