This Web Showcase End User License Agreement (“Agreement”) is a legal agreement between you (either an
individual or an entity) and [Croquet Labs] (“Croquet”) regarding the use of Croquet’s Web
Showcase [Basic Edition] software (the “Software”). By filling in the user information and
clicking the button marked “I Accept”, you agree to be bound by the terms of this Agreement. If you do
not agree to the terms of this agreement, click “I do not accept” and the download will not take place.
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Grant of License.This Agreement permits you to use the Showcase, free of charge, for your own
internal business purposes only, and only on your primary informational website for your business
(“Website”), and to modify the Showcase to enable such use, and to allow developers engaged by you to
do so
on your behalf.
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Server Interaction. Using the Showcase may require interaction with servers and content operated by
Croquet (“Server Interaction”). You acknowledge that if Croquet elects to generally discontinue
providing
the Server Interaction, certain features, content or functionality of the Showcase may cease to operate
correctly or in the manner expected. Croquet reserves the right to cease providing the Server Interaction at
any time. You must also not use the Showcase in a manner that places an unreasonable burden on Croquet
servers.
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User Content. You acknowledge that the Showcase is a low-code product that may require you to make
certain coding or configuration changes to cause the Showcase to interoperate with your Website, content,
your equipment or computer environment. You, and not Croquet, are responsible for such changes and content.
If you make any changes or cause the Showcase to interact with any content in a way that Croquet determines
may cause Croquet liability, Croquet may terminate this license and cease to offer you access to the Server
Interaction.
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Privacy. Any information you provide to Croquet in the course of downloading or using the Showcase or
the Server Interactions is covered by Croquet’s privacy policy, a current version of which is here:
https://croquet.io/privacy.html. Croquet may
require that you inform users of such policy in a manner to be
reasonably requested by Croquet, to the extent Croquet deems such notice required by applicable law.
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Pricing, Additional Features, and New Products. Croquet may offer you additional functionality,
upgrades, support services, or other products or services for use with the Showcase, which may not be free
of charge. Croquet customarily charges fees for use of the Croquet OS and metaverse engagement. The Showcase
in the form provided hereunder is bundled with Croquet OS and Metaverse Minutes and is available free of
charge, however, such free use is not transferable to any other Croquet offering. If you wish Croquet to
provide you with additional functionality or services, you will be required to agree to additional terms,
which Croquet will provide to you for review prior to your agreeing to such terms. In addition, Croquet may
at any time discontinue offering the Showcase, in which case you may, subject to Section 6, continue to use
the Showcase for your Website developed prior to the date of such discontinuation.
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Term and Termination. The term of this Agreement and the license granted herein will commence on the
date you first access or use the Showcase, and will continue unless and until earlier terminated in
accordance with this Agreement. Croquet may terminate this Agreement at any time, immediately upon written
notice, in the event you fail to comply with any of the terms and conditions of this Agreement. You may
terminate this Agreement at any time by deleting all copies of the Showcase in your possession or control
and ceasing use of the Showcase. The provisions of Sections 9-14 will survive any termination or expiration
of this Agreement.
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Open Source Components. Notwithstanding the foregoing license grant, Licensee acknowledges that
certain components of the Showcase may be covered by so-called “open source” software licenses, which means
any software licenses approved as open source licenses by the Open Source Initiative or any substantially
similar licenses (such components, “Open Source Components”). Croquet shall provide a list of Open
Source
Components for a particular version of the Showcase upon your request. To the extent required by the
licenses covering Open Source Components, the terms of such licenses will apply in lieu of the terms of this
Agreement. To the extent the terms of the licenses applicable to Open Source Components prohibit any of the
restrictions in this Agreement with respect to such Open Source Component, such restrictions will not apply
to such Open Source Component.
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Reservation of Rights. Croquet hereby reserves all rights not expressly granted in this Agreement.
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Restrictions. You may not rent, lease, or loan the Showcase. You may not reverse engineer, decompile,
or disassemble the Showcase, except to the extent the foregoing restriction is expressly prohibited by
applicable law.
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NO WARRANTIES. THE SHOWCASE AND SERVER INTERACTION ARE PROVIDED FREE OF CHARGE, AND ACCORDINGLY, YOU
ASSUME ALL RESPONSIBILITIES FOR SELECTION THEREOF TO ACHIEVE YOUR INTENDED RESULTS. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CROQUET AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SHOWCASE AND SERVER INTERACTION.
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NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL CROQUET OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SHOWCASE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CROQUET’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED US $10. THIS LIMITATION WILL APPLY REGARDLESS OF THE
FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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U.S. Government-Restricted Rights. The Showcase and any related documentation are “commercial
computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section
227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance,
display or disclosure of the Showcase and or any related documentation by the U.S. Government will be
governed solely by the terms of this Agreement and will be prohibited except to the extent expressly
permitted by the terms of this Agreement.
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Export Restrictions. You may not download, export, or re-export the Showcase (a) into, or to a
national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the
United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s
Table of Deny Orders. By downloading or using the Showcase, you are representing and warranting that you are
not located in, under the control of, or a national or resident of any such country or on any such list.
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General. This Agreement is governed by the laws of the United States and the State of California,
without reference to conflict of laws principles. Any dispute between you and Croquet regarding this
Agreement will be subject to the exclusive venue of the state and federal courts in the state of California.
This Agreement is the entire agreement between you and Croquet and supersedes any other communications or
advertising with respect to the Showcase and Server Interaction. If any provision of this Agreement is held
invalid, the remainder of this Agreement will continue in full force and effect and will be reformed to the
extent necessary to meet the original intent of the parties.