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LightBuzz Body Tracking SDK – License Terms & Conditions

This Software License Agreement (the “Agreement”) covers the Body Tracking Software Development Kit for Android, iOS, macOS, Windows, and Linux and its associated services (the “Service” or “SDK”) developed and distributed by LightBuzz, Inc (“LightBuzz”). The Service, consisting of the documentation (“Documentation”), redistributable binaries (“Binaries”), sample code (“Sample Code”), and other materials, is provided to you directly in the applicable software package download, and any upgrades, modified versions, additions, and improvements therefor, if any, designed to enable software developers to build applications on top of the SDK.

The Agreement governs the use of the SDK by you, and/or the entity on whose behalf you are downloading the SDK (“you”). BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SDK, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SDK. Accordingly, you and LightBuzz acknowledge and agree as follows:

1. LIMITED LICENSE

Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement, including without limitation all license limitations and restrictions set forth herein, LightBuzz grants you the following limited, non-exclusive, non-refundable, non-transferable, non-sublicensable, revocable licenses to:

  1. use, and (where applicable) authorize your employees and/or contractors to use, the Documentation internally solely in connection with developing your own branded applications that interoperate with the SDK (“Applications”);
  2. incorporate unmodified Binaries into your Application, solely for the purpose of enabling interoperability with the Service, solely in accordance with all applicable Documentation and applicable terms, and subject to you obtaining and maintaining a unique key from LightBuzz, to distribute Binaries so incorporated in your compliant Application to an unlimited number of end-users in executable form; and
  3. use, modify, and redistribute the Sample Code, as identified in the headers or associated Documentation.

You are authorized to use the Software, including integrated binaries, in the development of commercial products or services. This includes the right to distribute, sell, lease, or offer for use such products or services to third parties.

2. RESTRICTIONS

By accessing or using the LightBuzz Software Development Kit (SDK), you affirmatively represent, warrant, and covenant the following:

  1. You are either an individual or a business entity actively engaged in the development of software applications.
  2. If you are representing a business entity, you confirm that you have full legal authority to enter into this Agreement and bind the entity to its terms.

This Agreement applies to you, the entity on whose behalf you are using the SDK, and all individual users accessing or using the Service on behalf of such entity. You can use the SDK solely for the purpose of interoperating with your Applications and collecting motion capture data in accordance with the design and intended function of the SDK.

You acknowledge that the license granted under this Agreement does not include the right to:

  1. Redistribute, sell, lease, license, or modify any portion of the SDK.
  2. Use or implement any undocumented feature or API of the SDK, or use any documented feature or API in a manner not consistent with the provided documentation.
  3. Reproduce, distribute, publicly display, or publicly perform any part of the SDK, except as explicitly permitted herein or under the applicable license.
  4. Decompile, reverse engineer, access, or attempt to access the source code of the SDK not provided to you in source code form or make or attempt any modification to the SDK.
  5. Remove, obscure, interfere with, or circumvent any feature of the SDK, including but not limited to copyright or other intellectual property notices, security, or access control mechanisms.
  6. Run the SDK on a server or in a cloud hosting environment, or for any other purposes not expressly designed for.
  7. Use the SDK, or any output generated by the SDK, for the purpose of training, developing, refining, or otherwise contributing to the creation of any pose estimation models or similar body-tracking technologies. This prohibition extends to the use of the Software in the creation of datasets intended to facilitate the development of such models.

The restrictions outlined above apply except if, and solely to the extent that, they are prohibited under applicable law or by the terms of any applicable third-party software licenses.

If you are prohibited under applicable law from using the SDK, you may not use them, and you will comply with all applicable laws and regulations (including without limitation laws and regulations related to export controls) in connection with your use of the SDK. Without limiting the generality of the foregoing, you represent and warrant that the SDK will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the “Export Laws”). In addition, if the SDK is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Crimea, Cuba, Iran, North Korea, Sudan, or Syria and that you are not otherwise prohibited under the Export Laws from receiving the SDK. You may not use the SDK for any purpose, or use the SDK in the development of any Application that is for the purpose of lifesaving, emergency response, or otherwise for deployment in any circumstance in which failure would be likely to lead to property damage, environmental damage, personal injury, or death. ANY USE IN VIOLATION OF THE FOREGOING LIMITATIONS AND RESTRICTIONS IS STRICTLY PROHIBITED, AND UNLICENSED.

3. RESERVATION OF RIGHTS

The SDK is owned by LightBuzz and licensed, not sold, to you. The SDK, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of the SDK and related documentation (the “LightBuzz Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and LightBuzz, all LightBuzz Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of LightBuzz or its subsidiaries or affiliated companies and/or its third-party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the LightBuzz Materials except as expressly authorized hereunder. LightBuzz reserves all rights not expressly granted in this Agreement. You do not acquire any right, title, or interest to the LightBuzz Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.

4. CONFIDENTIALITY

The SDK (including as embodied in or utilized by any Application) is the confidential and proprietary information of LightBuzz, and you may not, during the term or thereafter, disclose them to any third party, or to use them for any purpose other than as expressly provided herein, without a separate written agreement with LightBuzz authorizing you to do so. Similarly, the Application and related information is the confidential and proprietary information of yours, and LightBuzz may not, during the term or thereafter, disclose them to any third party, or to use them for any purpose other than as expressly provided herein, without a separate written agreement with you authorizing LightBuzz to do so.

5. ENTERPRISE AND CONTRACTOR USAGE

Under this Agreement, you may allow (i) your Enterprise employees, and (ii) individuals who work primarily for your Enterprise on a contractor basis and from your secure network (each a “Contractor”) to access and use the Licensed Software pursuant to the terms in Section 1 solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from the Contractor which contains terms and obligations with respect to access to or use of Licensed Software no less protective of LightBuzz than those set forth in this Agreement, and (ii) such Contractor’s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of this Agreement by your Enterprise and Contractors. Any act or omission that if committed by you would constitute a breach of this Agreement shall be deemed to constitute a breach of this Agreement if committed by your Enterprise or Contractors. “Enterprise” means you or any company or legal entity for which you accepted the terms of this Agreement and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity

6. FEEDBACK

If you provide LightBuzz with any comments, bug reports, feedback, enhancements, or modifications proposed or suggested by you for the SDK or the Service (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and LightBuzz shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the LightBuzz Materials, SDK or Service. You hereby grant LightBuzz a perpetual, irrevocable, transferable, sublicensable, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose, including to make and sell products and services. Feedback, as used herein, does not include any enhancements, modifications, or improvements that are in any way related to the Application and you maintain all rights to its intellectual property.

7. THIRD-PARTY SOFTWARE

The SDK consists of a package of components, including certain third-party software (“Third Party Software”) that are provided by their authors under separate license terms (the “Third Party Terms”), as described in more detail in the SDK “LICENSES” subdirectory. Your use of the Third-Party Software in conjunction with the SDK in a manner consistent with this Agreement is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this Agreement is intended to impose further restrictions on your use of the Third-Party Software. LightBuzz agrees to provide you the Third Party Terms upon request.

8. TERM AND TERMINATION

This Agreement will remain in effect until terminated. Other than stated elsewhere in this Agreement, the Agreement, and your rights and licenses hereunder, will terminate immediately upon your breach of the Agreement. You may terminate the Agreement by uninstalling and ceasing all use of the SDK. LightBuzz may terminate this Agreement due to misuse or abuse by you of the SDK or any violation of this Agreement, as described in section 2. Following any termination of this Agreement, you must immediately uninstall and cease use of the SDK, and destroy all copies. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive any termination of this Agreement.

9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE SDK AND ALL ASSOCIATED DOCUMENTATION, BINARIES, AND SAMPLE CODE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTBUZZ DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, AND NON-INFRINGEMENT. LIGHTBUZZ EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SDK, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SDK OR THE QUALITY OR CONSISTENCY OF THE SDK OR RESULTS OBTAINED THROUGH ITS USE. UNDER NO CIRCUMSTANCES WILL LIGHTBUZZ BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SDK, EVEN IF LIGHTBUZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL LIGHTBUZZ’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT OR THE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE SDK, IF ANY, OR $100USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS AND EXCLUSIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

10. INDEMNITY

You agree to indemnify, defend and hold LightBuzz and its affiliates, officers, directors, suppliers, licensors, and other customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your Applications, your use or misuse of the SDK, or your violation of this Agreement, any applicable law or regulation. Similarly, LightBuzz agrees to indemnify, defend and hold you and your affiliates, officers, directors, suppliers, licensors, and other customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of the Services and any applicable law or regulation.

11. SPECIAL SOFTWARE TERMS

If any of the following two (2) conditions occur, any license which is not already a perpetual license shall, at no additional charge, automatically be converted into a perpetual, non-exclusive, royalty-free license. The two (2) conditions are:

  1. If LightBuzz ceases to maintain the Service (i.e., “Software”) and such obligations are not timely assumed by a financially and technically responsible successor in interest; or
  2. If any bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation, or other similar proceeding is instituted by or against LightBuzz, and such proceedings are not dismissed within sixty (60) days.

If any of the events described in Sub-paragraphs 1, or 2 above occurs or appears reasonably likely to occur during any license term hereunder, LightBuzz shall promptly notify you in writing. You may request, and LightBuzz shall promptly provide you with, a complete copy of the most recent version of the Software’s binary form, or at your request, an earlier version of the binary form, and any other related information that you might need to continue to operate the Software to meet your business needs without a license restriction.

12. PRIVACY

LightBuzz acknowledges that you may collect certain information from your customers, including (i) certain information about your customers’ computer software and hardware, (ii) certain information collected for the development of normative databases after removal of any specified identifiers of individuals. LightBuzz hereby consents to your Privacy Policy and agrees that the use of such customer information will be governed by your Policy and that you may revise the same from time to time.

13. BRANDING, ATTRIBUTION, AND PUBLICITY

Customers who have obtained a Startup, Desktop, or Professional tier license must include visible attribution to LightBuzz within their applications developed using the SDK. This attribution may take the form of a credit in an ‘About’ screen, an on-screen overlay, or another visible mention such as ‘Powered by LightBuzz. Attribution is optional for Enterprise licensees, who may choose to remove any reference to LightBuzz at their sole discretion.

You grant LightBuzz the right to display your company’s name, logo, and a brief description of your use of the SDK on LightBuzz’s website, marketing materials, and customer lists. This right helps demonstrate real-world usage of the SDK and enhances credibility for all parties. Enterprise licensees may opt out of this provision by providing written notice to LightBuzz.

As part of the annual Professional or Enterprise license tier, you may develop and distribute an unlimited number of white-labeled applications using the SDK without the need to acquire separate licenses for each derivative product. However, this right does not extend to making the SDK itself available in any programmatic or redistributable form to third-party developers, companies, or platforms. You may not expose the SDK API, libraries, or other components for reuse by parties outside your organization, whether directly or indirectly.

14. MISCELLANEOUS

This Agreement is the entire agreement between you and LightBuzz and supersedes any and all prior agreements, negotiations, or other communications between you and LightBuzz, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this Agreement; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You may not assign this Agreement without the prior written consent of LightBuzz, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. LightBuzz may assign this Agreement without restriction and without any notice to you. Subject to the foregoing, this Agreement shall be binding on the parties and their respective successors and permitted assigns. You acknowledge and understand that if LightBuzz is unable to provide the SDK as a result of a force majeure event LightBuzz will not be in breach of this Agreement. A force majeure event means any event beyond the control of LightBuzz. The failure to exercise, or delay in exercising, a right, power, or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power, or remedy. LightBuzz’s waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of the Agreement. The English language version of this Agreement shall be the official and controlling version, and any translation provided is solely for convenience. The SDK is a “Commercial Item” as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” If and to the extent the SDK is supplied to or purchased by or on behalf of a United States government entity or an entity licensing the SDK for or on behalf of a United States government entity, the SDK is licensed (a) only as a Commercial Item and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this agreement.

15. GOVERNING LAW

Any claim relating to the SDK or Service shall be governed by the laws of Dover, Delaware (DE), USA, without regard to conflict of laws provisions. Disputes arising under this shall be resolved in, and subject to the sole and exclusive jurisdiction of the state and federal courts located in Delaware (DE).

TECHNICAL SUPPORT

Technical support services are available in three distinct tiers, defined by product licensing levels and corresponding response times, methods, and service options. These tiers outline the scope and conditions under which support is provided, ensuring that customers receive an appropriate level of assistance according to their selected product license. All response times are calculated based on business days, excluding weekends and public holidays.

Tier 1: Startup, Academic, Desktop, Trial

For products licensed under Tier 1, technical support is provided exclusively via email with a maximum response time of four (4) business days. The support scope under Tier 1 is limited to email-based assistance only, and does not include real-time support options such as live meetings, phone consultations, or screen sharing. This level is suited for non-critical support needs and general product usage inquiries.

Tier 2: Professional

Products licensed under Tier 2 receive technical support via email with a maximum response time of two (2) business days. In cases where a customer experiences a critical or blocking issue that hinders or prevents the effective use of the Service, online support with screen-sharing capabilities may be arranged at a mutually agreed time. Screen sharing is intended to provide targeted assistance to facilitate prompt resolution of service-impeding issues.

Tier 3: Enterprise

For products licensed under Tier 3, technical support is prioritized and provided within the same business day. Support is available through multiple channels, including email and live meetings, ensuring flexible communication options for prompt and efficient resolution of inquiries. When necessary and upon mutual arrangement, a technical support specialist will participate in phone calls or online meetings to directly address complex or urgent issues, offering tailored support to meet enterprise-level requirements.

LICENSE FEE

Grant of License: You are granted a non-exclusive, non-refundable license, along with an accompanying unique alphanumeric key, for the use of the LightBuzz Body Tracking Software Development Kit in your Application. This license allows uninterrupted use of the Service, both online and offline, for a period of twelve (12) months from the date of payment of the accompanying invoice (the “Effective Period”). Following the conclusion of the Effective Period, you have the option to renew or upgrade your license under the then-current terms and conditions.

Software Updates: During the Effective Period, you are entitled to receive software updates as they become available. These updates will be in the form of downloadable software packages and are designed to replace and/or supplement (and in some cases, disable) the version of the SDK currently in use. You are permitted to use the updated SDK in accordance with the terms of this Agreement. The integration of these updates into your Application is at your discretion.

Payment Terms: The license fee for the SDK depends on the selected license tier and is payable in full upon issuance of the invoice. The available tiers and corresponding fees are as follows:

  • Desktop Tier: $2,400 (two thousand four hundred US Dollars) per year.
  • Startup Tier: $4,000 (four thousand US Dollars) per year.
  • Professional Tier: $12,000 (twelve thousand US Dollars) per year.
  • Enterprise Tier: $24,000 (twenty-four thousand US Dollars) per year.

All amounts are inclusive of applicable taxes payable in the United States. License fees are non-refundable, except as otherwise provided in this Agreement or as required by law.

Accepted Payment Methods: The following payment methods are accepted by LightBuzz:

  • Wire Bank Transfer
  • ACH
  • Credit, Debit, or Prepaid Card
  • PayPal
  • Wise (formerly Transferwise)

Renewal and Upgrade: Prior to the expiration of the Effective Period, you will be notified and given the option to renew or upgrade your license. The terms and fees for renewal or upgrade will be provided at that time and may differ from the original license terms. Renewal or upgrade of the license is subject to your agreement to any new or amended terms and conditions.

Contact

LIGHTBUZZ, INC.

98 Cuttermill Road, STE 466
Great Neck, NY 11021

+1(347)748-1525

info@lighbuzz.com