Pico Product EULA

Effective Date:January 26, 2022

Please read this end user license agreement and terms of use (the “agreement”) carefully to understand your rights and obligations. By downloading, installing, or using the software (as such term is defined below), you agree to be bound by this agreement. If you do not agree (1) do not use your Pico and return it to the retailer where you purchased it within the retailer’s return period, (2) do not install or use the software; and (3) delete or disable any downloaded copy of the software in your possession or control.

This agreement, together with any additional terms provided to you in using the software (collectively, “additional terms”), which may be amended from time to time, is a legal agreement between Pico Immersive Pte. Ltd. (or based on where you live, one of its affiliates) and you (an individual or entity) that governs your access to and use of the software. Your continued access to or use of the software following the posting of revised terms means that you accept and agree to any revised terms. You are expected to check this page each time you access or use the software so that you are aware of any changes, as they are binding on you. If there is a conflict between the terms in this agreement and the additional terms, the terms in the additional terms will govern.

SOFTWARE: The term “software” as used herein means (1) the firmware and other software pre-installed in the Pico, its base stations, controllers, and accessories (“preinstalled software”), and (2) any software provided by Pico that is designed to be downloaded and installed on your computer and/or the Pico to help setup, manage, and operate your Pico (“downloaded software”); in each case including all associated media, printed or electronic documentation, content, functionality, or services, updates, and support services. The software may collect certain data regarding your Pico. Examples of data that may be collected include: (1) your computer hardware and software specifications and serial number or other identifier, (2) your Pico hardware and software specifications and serial number or other identifier, (3) your Pico performance data and frequency of use data, and (4) other information about how your Pico is used. Pico’s collection and use of this data will be in accordance with the Pico privacy policy.
LICENSE GRANT: During the term of this agreement and conditioned upon your full compliance with all the terms and conditions of this agreement, Pico grants to you a limited, non-sub-licensable, non-transferable, non-exclusive, license to (1) use the preinstalled software only as pre-installed in your Pico, and (2) to install and use downloaded software only in object code form on your computer and/or (if applicable) your Pico; in each case only for the permitted uses.
LICENCE LIMITATIONS: The license granted in section 2 is conditioned upon your compliance with the following limitations. You are not permitted to:
work around any technical limitations in the Software or to use the Software in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in the Software;
reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Software, except and only to the extent that applicable law expressly permits, despite this limitation;
modify or make any derivative works of the Software, in whole or in part;
remove any proprietary notices or labels on the Software or any copy thereof;
use the Software to infringe the rights of Pico, its affiliates, or any third party or in any way that does not comply with all applicable laws;
use the Software in any way prohibited by this Agreement.
RESERVATION OF RIGHTS AND OWNERSHIP: Pico, its affiliates and its licensors and suppliers own the title, copyright, and other intellectual property rights in the Software (and all rights embodied therein) and reserve all rights not expressly granted to you in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. The Software may contain third-party software that is subject to open source or third-party license terms (“Third-Party Terms”). Your use of the Software is subject to any Third-Party Terms included in the Software. In the event of a conflict between this Agreement and any Third-Party Terms, this Agreement will govern. Pico, the Pico logo and other Pico product and service names referenced in the Software are the trademarks of Pico Corporation and its affiliates. Any other company names, product names, service names and logos referenced in connection with the Software may be the trademarks of their respective owners.
THIRD-PARTY RELATIONSHIPS: The software may contain links to, or advertisements for, third-party websites, resources, content, products or services (“third-party services”). You acknowledge and agree that such third-party websites, resources, content, products or services are not under Pico’s control and that Pico is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to or advertisements for any third-party services do not imply any endorsement by Pico of such third-party services, nor any association of Pico with any such third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, content, products or services. Your relationship with respect to third-party services is with the third party, and not with Pico. It is your responsibility to review the privacy policies, terms of use and other terms and conditions that apply to any third party services. Any claims you might have with respect to third-party services are against such third party and not against Pico.
SUPPORT AND UPDATES: Pico has no obligation to and may not provide support for the software. You agree that Pico may automatically check your version of the software and may automatically send your computer updates to the software. During any firmware update, do not unplug any cables from the Pico headset, link box, base stations, controllers, or your computer (or otherwise power off these devices) until the update is fully complete. Failure to comply could damage your Pico and any resulting damage may not be covered by your warranty.
TERMINATION: This agreement will automatically terminate upon your breach of any of the terms and conditions of this agreement. If terminated, you must immediately destroy or disable all copies of the software, and the following sections of this agreement will survive: Sections 4 and 8 through 19.
DISCLAIMER OF WARRANTIES: To the maximum extent permitted by applicable law, the software is provided “as is,” “with all faults” and “as available” and the entire risk of use and performance, remains with you. Pico and its suppliers and licensors do not make any representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement. In particular, Pico, its suppliers and licensors make no warranty that the software: (1) will meet your requirements or will work with any third-party software, applications or third-party services; (2) will be available or provided on an uninterrupted, timely, secure or error-free basis; (3) or any information or content obtained through it will be accurate, complete, or reliable; (4) or that any defects or errors therein will be corrected. All content and other material you download or obtain through the software is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. Installation of the software may affect third-party software, applications, devices or services. You may have additional rights under laws that these terms cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, those terms are deemed incorporated into this agreement but Pico’s liability for a breach of those statutory implied terms is limited in accordance with and to the extent permissible under that legislation.
DISCLAIMER OF CERTAIN DAMAGES: In no event will Pico or any supplier or licensor be liable for any consequential; special; incidental; indirect; punitive damages; for loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to this agreement or the software, even if Pico or any supplier or licensor has been advised of the possibility of such damages.
Limitation of Liability and Exclusive Remedies: To the maximum extent permitted by applicable law, Pico’s and its suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under this agreement for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to this agreement or the software will be to recover the actual damages you incur based upon reasonable reliance on the software.
INDEMNIFICATION: You will defend, indemnify, and hold Pico, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from (1) your unauthorized use of the software; (2) any violation by you of this agreement; or (3) your violation of any another party’s rights or applicable law.
RESTRICTED USE: The software was designed for systems that do not require fail-safe performance. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.
APPLICABLE LAW AND DISPUTE JURISDICTION: The signing, performance, entry into force, modification and interpretation of this agreement shall be applied to the law of Singapore. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause.
LEGAL EFFECT: This Agreement does not change Your rights under the laws of the country in which You reside if the laws of Your country do not permit it to legally change Your rights. You may have rights under the laws of the country in which You reside that are in addition to, or different from, the rights set forth in this Agreement.
COMPLIANCE WITH LAW; EXPORT REGULATIONS: You will comply with all national and international laws, rules and regulations that apply to the software and your use of the software.
GENERAL: The section titles in this agreement are used solely for the parties’ convenience and have no legal or contractual significance. Pico’s failure to act with respect to a breach by you does not waive its rights to act with respect to subsequent or similar breaches. No waiver of any provision of this agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. If a court of competent jurisdiction holds any term, covenant or restriction of this agreement to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated. You may not assign, transfer or sublicense your rights (if any) under this agreement. This agreement will be binding upon all of Pico’s successors and assigns.
ENTIRE AGREEMENT: This agreement, and any additional terms, comprise the entire agreement for the software. Internet-based services and support services (if any) may be subject to additional terms.
CONTACT INFORMATION: If you have any questions about this agreement please direct all notices and correspondence to: service@picoxr.com
HEALTH AND SAFETY: There are important health and safety warnings and instructions that you must read before using the Pico, which are available at pico-interactive.com. By using the Pico, the Pico store, and any products and services available through the Pico, you represent and warrant that you have read and understand these warnings and instructions. Pico may update or revise these warnings and instructions, so please review them periodically. If you continue using Pico’s products after the updates of important notice or safety warnings, it indicates you declare that you have read and known about the updated contents. Additional health and safety warnings and instructions may be provided by third party licensors in relation to their products and services. If you allow others to use the Pico, make sure they are aware of and follow these warnings and instructions.
Last Updated:January 26, 2022