Developer Terms of Use

Ownership of Site; Agreement to Terms of Use

We are glad to see you here and thank you for your interest in EF EVE and its subsidiaries including Experimental Foundation, EF London Ltd (together “EF”). These Terms and Conditions of Use (the “Terms of Use”) apply to the EF EVE website located at www.ef-eve.com, and all associated sites linked to www.ef-eve.com by Experimental Foundation, its subsidiaries and affiliates, including Experimental Foundation sites around the world (collectively, the “Site”). The Site is the property of EF EVE. (“EF”) and its licensors. By using the site, you agree to these terms of use; if you do not agree, do not use the site.

1. Acceptance of the Terms. These EF EVE Developers Terms of Use (“EF Developer Terms” or “EF EVE Developers Terms” meaning the same) are part of the Terms that govern your access to and use of the EF EVE SDK and other supplied material ( “EF EVE Developers Content” or “EF Developers Content”meaning the same) – please read them carefully. The EF EVE Developer Terms supplement the EF EVE Terms of Use, and the Privacy Policy and become part of your agreement with EF EVE and Experimental Foundation in order to access and use the EF EVE SDK and other supplied material. You must agree to the Terms of Use, the Privacy Policy, and these additional EF EVE Developers Terms (collectively, the “Terms”) in order to access and use the EF EVE SDK and other supplied materials. If you do not agree to the Terms, you may not use the EF EVE SDK and other supplied material. Capitalised terms not defined in these EF EVE Developers Terms shall have the meaning defined in the Terms of Use or the Privacy Policy.

2. EF EVE Developers Materials. Provided that you have agreed to be bound by the Terms, EF may make available to you certain materials, including, without limitation, software development kits (“SDKs”), application programming interfaces (“APIs”), other software (collectively, with the SDKs, APIs, the “Software”) content (including volumetric video assets (“HVRs”), documentation, video files or other content, (collectively, “EF EVE Developers Content”)).

3. License. Subject to the terms and conditions of the Terms, EF hereby grants to you a worldwide, non-exclusive, royalty-free, non-sublicensable, revocable license to non-publicly use and distribute the EF EVE Developers Content solely as necessary to test the functionality of the Software and the HVRs on a non-commercial basis and to assist in your development of your or third party applications and/or services containing the SDKs and and/or APIs in order to display and distribute HVRs (“Third Party Services”). This license grant is subject to, and conditioned upon, the following terms and conditions: (a) You may not use the EF EVE Developers Content for any purpose not expressly permitted by these EF EVE Developers Terms; (b) You may not decompile, reverse engineer, disassemble, attempt to derive the source code of the EF EVE Developer Content, or any parts thereof; (c) You may not disclose, sell, lease, rent, sublicense, redistribute or otherwise transfer or convey the EF EVE Developers Content without EF’s express written consent; (d) You may only use the EF EVE Developers Content in compliance with all applicable laws, rules, regulations and industry standards relevant to your industry or the Third Party Services’ industry(ies), including, without limitation, those related to privacy, and you agree to publish a privacy policy in connection with any Third Party Services that clearly sets forth the scope of such Third Party Services’ data collection and use; (e) You may not use the HVRs or other Developer Content in any Third Party Services to publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral material or material otherwise objectionable to EF. If you are not part of a corporate entity, you may not provide the EF EVE Developers Content to any third party. Each such third party must obtain the EF EVE Developers Content from the EF directly. Employees in the same entity may internally use the EF EVE Developers Content provided that an authorized person from such entity has agreed to be bound by the Terms on behalf of the entity and its employees as required by the Terms.

4. Commercial and Public Distribution. If you choose to include EF EVE Developers Content within any publicly launched Third Party Services, you must first contact EF EVE and negotiate a written agreement regarding such project. Any inclusion of EF EVE Developers Content within any such publicly launched Third Party Services shall be a material breach of the Terms.

5. Consent to Data Collection. In order to access and use the EF EVE Developers Material, you consent to EF’s data collection related to such access and use in accordance with EF’s Privacy Policy. Additionally, you hereby consent to (a) EF’s data collection about how your Third Party Services interact with the EF EVE Developers Platform and (b) EF’s sharing such information with its partners for any lawful purpose. Should you provide any contact information to EF, you consent to and agree that EF shall be entitled to use such information to communicate with you regarding your use of the EF Developers Material and developing with EF EVE in generally, your Third Party Services, and for EF’s marketing purposes, including those of EF’s partners.

6. Publicity. You consent to EF’s use of your and/or your entity’s name and trademarks in connection with EFs publicity related to the EF EVE Developers Content.

7. Open Source Software. Some of the software required by or included in our Software may be offered under an open source license. Open source software licenses constitute separate written agreements. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with EF for the applicable open source software included within the Software.

8. Modification of the EF EVE Developer Terms. EF may amend the EF EVE Developer Terms at any time and in its sole discretion and for any reason. When we do so, we will post the revised EF EVE Developers Terms on the Sites and anywhere else the EF EVE Developer Content is made available. By using the EF EVE Developers Content, you agree to be bound by the most recent version of the EF EVE Developers Terms. You hereby acknowledge that EF EVE may require the creation of an account to access and use the EF EVE Developers Content (each such account an “EF EVE Developers Account”). Upon any such requirement by EF EVEi, you shall cease any use of the EF EVE Developers Content until such time as you have created an EF EVE Developer Account.

9. Termination of Access. You agree that EF EVE, EF shall have the right to terminate your access to the EF Developers Content at any time and revoke the licenses granted in Section 3 above, and upon such termination, you shall immediately cease using any EF EVE Developers Content and delete any copies of such as soon as practicable. EF EVE may discontinue the EF EVE Developers Content at any time for any reason in its sole discretion without liability to you or any third party.

10. Additional Indemnification. In addition to the indemnification provisions of the Terms of Use, you agree to indemnify and hold harmless EF EVE, EF , EF London Ltd and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other EF EVE users who use any User Content you upload to the Services or other users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to Third Party Services and your use of the EF EVE Developers Content. EF EVE reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You may not settle any matter without the prior written consent from EF EVE, EF, EF London, hello@ef-eve.com .