This Notch SDK
”) is between the individual or
” or “Developer
accepts it, and Notch Interfaces Inc. (“Notch
accept this Agreement by clicking an “agree” or similar button, where this
option is provided by Notch, or by your use or access to the SDK or any part of
the SDK. Your agreement to these terms also binds your authorized users, your
company or organization. If you do not agree to the terms of this Agreement, do
not accept it. Before accepting this Agreement, please carefully read it.
Capitalized terms used but not defined in the body of this Agreement have the
meaning given them in the “Definitions” exhibit.
Development License. Conditioned upon compliance with the terms and
conditions of this Agreement, Notch hereby grants you a limited, non-exclusive,
personal, revocable, non-sublicensable and non-transferable license to: (a)
install and use a reasonable number of copies of the SDK on computers owned or
controlled by you for the purpose of developing and testing applications that
are intended for use solely in connection with Notch Sensors, Notch Software,
“Powered by Notch” Devices, and “Powered by Notch” Software (“Application
(b) install and use a reasonable number of copies of the SDK on computers owned
or controlled by you for the purpose of developing and testing hardware devices
that are intended for use solely in connection with Notch Sensors, Notch
Software, other “Powered by Notch” Devices and “Powered by Notch” Software (“Device
and (c) modify and incorporate into your Application or Device any sample code
provided in the SDK.
Restrictions. The license granted to you in Section 1.1 is subject to
the following restrictions, as well as others listed in this Agreement:
Except as expressly permitted in Section 1.1: (a) you may not publish,
distribute or copy the SDK, and (b) you may not modify or create derivative
works of the SDK.
You may use the SDK solely in connection with Notch Sensors, Notch Software
“Powered by Notch” Devices, and “Powered by Notch” Software.
You may not, and may not enable others to, copy (except for backup purposes),
modify, reverse engineer, decompile, disassemble, adapt, or otherwise attempt
to reconstruct, identify or discover any source code, underlying ideas,
techniques, design, engineering, or algorithms in the Notch Software, Notch
Sensors, “Powered by Notch” Devices, and “Powered by Notch” Software or any
software that forms part of the SDK, nor attempt to circumvent any related
security measures (except as and only to the extent any foregoing restriction
is prohibited by applicable law or permitted by applicable law notwithstanding
the foregoing restriction).
You may not remove, obscure, or alter any proprietary rights or confidentiality
notices within the SDK or any software, documentation or other materials in it
or supplied with it.
You may not create Applications, or “Powered by Notch” Devices or other
software or devices that prevent or degrade the interaction of “Powered by
Notch” Software developed by others with the Notch Software.
Updates. The terms of this Agreement will apply to any Updates that
Notch makes available to you. You agree that Updates may require you to change
or update your Application, and may affect your ability to use, access or
interact with the Notch Software, the Notch Sensor, the Notch application
store, “Powered by Notch” Devices, and “Powered by Notch” Software and/or the
by Notch” Distribution Program
2.1. Application to “Powered by Notch”
Distribution Program. In order to distribute your Application or your
Device, you must submit your Application or Device to Notch for licensing
consideration through its “Powered by Notch” program. Applications or devices
that are accepted into the “Powered by Notch” program will become “Powered by
Notch” Software and “Powered by Notch” Devices. You must first decide that your
Application or Device has been adequately tested and is complete. By submitting
your Application or Device, you represent and warrant that your Application or
Device complies with the program requirements and application and device
specifications provided to you by Notch and updated from time to time. You further
agree that you will not attempt to hide, misrepresent or obscure any features,
content, services or functionality in your submitted Applications or Device from
Notch’s review or otherwise hinder Notch from being able to fully review such
Applications and Devices. You agree to provide access to or samples of any such
applications or devices at your expense (samples will not be returned). You
agree to cooperate with Notch in this submission process and to answer
questions and provide information and materials reasonably requested by Notch
regarding your submitted Application or Device, including information Notch may
request relating to your Application or Device, the operation of your business,
or your obligations under this Agreement. Notch may require you to carry
certain levels of insurance for certain types of Applications or Devices and
name Notch as an additional insured. If you make any changes to an Application or
Device after submission to Notch, you must resubmit the Application or Device
to Notch. Similarly all bug fixes, updates, upgrades, modifications,
enhancements, supplements to, revisions, new releases, redesigns, and new
versions of your Application or Device must be submitted to Notch for review in
order for them to be considered for a distribution license, except as otherwise
permitted by Notch.
2.2. Selection by Notch for a Distribution
License. You understand and agree that if you submit your Application or
Device to Notch to the “Powered by Notch” program for a distribution license, Notch
may, in its sole discretion:
(a) determine that your Application or
Device does not meet all or any part of the “Powered by Notch” program requirements
or application and device specifications then in effect;
(b) reject your Application or Device for
a distribution license for any reason, even if your Application or Device meets
the “Powered by Notch” program requirements or application and device
(c) select and approve your Application or
Device for a “Powered by Notch” distribution license. If accepted, your
Application or Device will be authorized to run on or interact with Notch
Sensors, Notch Software, “Powered by Notice” Devices or “Powered by Notch”
Software upon an End Users unlocking of their Notch Sensors, “Powered by Notch”
Device or “Powered by Notch” Notch Software of “Powered by Notch” Software, as
required by Notch.
shall not be responsible for any costs, expenses, damages, losses (including
without limitation lost business opportunities or lost profits) or other
liabilities you may incur as a result of your Application or Device development,
use of the Notch Sensors, Notch Software, “Powered by Notch” Devices, or
“Powered by Notch” Software or your participation in the program, including
without limitation the fact that your Application may not be selected for a
“Powered by Notch” distribution license. You will be solely responsible for developing
Applications and Devices that are safe, free of defects in design and
operation, and comply with applicable laws and regulations. You will also be
solely responsible for any documentation, end-user customer support and
warranties for such Applications and Devices. The fact that Notch may have reviewed,
tested, approved or selected an Application or Device will not relieve you of
any of these responsibilities.
Applications or Devices accepted into the
“Powered by Notch” distribution license program may be distributed: through the
Notch Store, if selected by Notch, (2) through any other distribution channel
if selected and approved by Notch.
Distribution License. Conditioned upon compliance with the terms and
conditions of this Agreement and your acceptance into the “Powered by Notch”
program by written confirmation from Notch, Notch hereby grants you a limited,
non-exclusive, personal, revocable, non-transferable, royalty-bearing license
under Notch's applicable intellectual property rights to the extent necessary
to: (a) copy and distribute (or have copied and distributed) the then-current
version of the Notch Redistributables, solely as compiled with, incorporated
into, or packaged with, your Application or Device (provided it is not a
Specialized Application); and (b) to make (but not have made), use, sell, offer
for sale and import your Application or Device (provided it is not a
Specialized Application) using the then-current version of the Notch
Redistributables. In the event a new version of the Notch Redistributables is
released, you must submit the updated version to Notch prior to distribution of
such new version in order to retain your distribution license for the new
Trademarks. Conditioned upon compliance with the terms and conditions of
this Agreement and your acceptance into the “Powered by Notch” program by
written confirmation from Notch, you may indicate that your Application or
Device is “powered by Notch”, solely in accordance with the brand guidelines
provided to you by Notch. However, unless provided in an agreement between you
and Notch, you may not otherwise use “Notch Interfaces”, “Notch”, or any other
trademark of Notch in connection with your Application, Device or company, or
in any URL, product, service, name field or logos created by you.
of Free “Powered by Notch” Applications or Devices.
Application or Device will be distributed to end-users for free (no charge),
then Notch may, in its sole discretion, choose to grant you a non-royalty
bearing trademark and distribution license.
2.7 Delivery of Fee-Based “Powered by
you intend to charge end-users a fee of any kind for your Application, you
acknowledge and agree that Notch shall be entitled to, and you shall pay to
Notch thirty percent (30%) of the sales price of such Application, subject to
the adjustment in the reasonable discretion of Notch.
2.8 Delivery of Fee-Based “Powered by Notch” Devices.
If you intend to charge end-users a fee of
any kind for your “Powered by Notch” Device, you acknowledge and agree that
Notch shall be entitled to, and you shall pay to Notch, the higher of two
dollars ($2) or thirty percent (30%) of the sales price of such “Powered by
Notch” Device, subject to the adjustment in the reasonable discretion of Notch.
2.9 Delivery of Fee-Based “Powered by Notch” Products.
If you intend to charge end-users a fee of
any kind for your “Powered by Notch” Product, you acknowledge and agree that
Notch shall be entitled to, and you shall pay to Notch, the license fees
applicable to each Application or “Powered by Notch” Device contained in such
“Powered by Notch” Product, subject to the adjustment in the reasonable
discretion of Notch.
Delivery of License Fees
. You shall remit payment for all sales to Notch
within thirty (30) days of the end of each calendar month. Failure to
remit such payment shall be cause for immediate termination of this Agreement
and any applicable license by Notch.
Books and Records
. In the event you undertake any sales outside of the
Notch Sore, you shall provide to Notch, on or before the thirtieth (30th)
day following each calendar quarter, complete and accurate statements,
certified by your chief financial officer, CEO or President as accurate,
showing the number, description and price of all “Powered by Notch” Devices,
“Powered by Notch” Software, “Powered by Notch” Products or bundles of “Powered
by Notch” Devices or “Powered by Notch” Software with any Notch Sensors or
Notch Software, that were sold during the preceding calendar quarter, together
with the same information for any returns made during the preceding calendar
quarter. Such statement shall be furnished to Notch whether or not any sales
have been shipped during the preceding calendar quarter. You shall keep
accurate books of account and records covering all transactions related to
sales hereunder. Notch and its duly authorized representatives, on due
notice, shall have the right, at Notch r’s sole cost, at least once a year
during normal business hours and upon no less than five (5) business days prior
notice, to examine said books of account and records, and shall have free and
full access thereto for said purposes and for the purpose of making any copies
Restrictions. The license granted to you in Section 2.1 is subject to
the following restrictions, as well as others listed in this Agreement:
Your Application may not be a Specialized Application.
You may not, directly or indirectly, publish, post or otherwise make available
the Notch Redistributables other than as compiled with, incorporated into, or
packaged with, your Application or Device.
You may not, and may not enable others to, distribute the Non-Redistributable
and Waiver. You acknowledge the SDK may allow you to develop Applications
or Devices that involve physical motions, physical training regimes, or other
types of training and development. If you elect to use the SDK in such a way,
you must take steps to design and test your Applications or Devices to ensure
that your Applications Devices do not present risks of personal injury or
death, property damage, or other losses. Notch Sensors, the Notch Software, the
Notch Redistributables and other software in the SDK may not always function as
intended. You must design your Applications and Devices so that any failure of
Notch Sensors, the Notch Software, a Notch Redistributable and/or such other
software does not cause personal injury or death, property damage, or other
losses. If you choose to use the SDK, (i) you assume all risk that use of Notch
Sensors, the Notch Software, the Notch Redistributables and/or such other
software by you or by any others causes any harm or loss, including to the end
users of your Applications or Devices or to third parties, (ii) you hereby
waive, on behalf of yourself and your Authorized Users, all claims against Notch
and its affiliates related to such use, harm or loss (including, but not
limited to, any claim that Notch Sensors, the Notch Software, a Notch
Redistributable or such other software is defective), and (iii) you agree to
hold Notch and its affiliates harmless from such claims.
Beta Software etc. Obligations. You
acknowledge and agree that Notch may share alpha or beta software or hardware
with you that it identifies as non-public. If so, you agree not to disclose
such software or hardware to others without the prior written consent of Notch
until the time, if any, it is made public by Notch, and to use such software or
hardware only for the purposes expressly permitted by this Agreement.
Notch Use of Assets. Subject to the terms and conditions of this
Agreement, you grant to Notch and its affiliates a non-exclusive, worldwide and
royalty-free limited license to use, reproduce, display, perform, publish and
distribute screenshots, elements, assets, photographic, graphic or video
reproductions or fragments of your Application or Device in any medium or
media, solely for purposes of promotion of your Application, Device or of Notch
and its technology and business. This license will terminate if we terminate
this Agreement, or, if you terminate it, if you inform us you have terminated
it, except that in both cases the license will continue after termination with
respect to any materials we created and first distributed prior to our
termination or your notice of termination to us.
Your Information. Notch may collect personal information provided by you
or your End Users to Notch in connection with the SDK, and may collect other
information from you or your End Users or users of your “powered by Notch”
application, including technical, non-personally identifiable and/or aggregated
information such as usage statistics, hardware configuration, problem / fault
data, IP addresses, version number of the SDK, information about which tools
and/or services in the SDK are being used and how they are being used,
including motion data or data generated by the Notch Sensor, and any other
may use the information collected to facilitate the provision of Updates and
other services to you, to verify compliance with, and enforce, the terms of
this Agreement, to improve the SDK and Notch's products, and for any other
made available to you by Notch (these uses, collectively, are “Permitted
”). By submitting information about you and/or your End Users to
Notch through your access and use of the SDK, you consent to Notch's collection
and use of the information for the Permitted Uses and represent that you have
obtained all consents and permits necessary under applicable law to disclose
your End Users’ information to Notch for the Permitted Uses. You further agree
that Notch may provide any information collected under this Section 4.3,
including your or your End Users’ user name, IP address or other identifying
information to law enforcement authorities or as required by applicable law or
Ownership. Except for the license rights granted by you in Sections 4.2
and 5.2, the license fees set forth in Sections 2.7 through 2.9, other license
rights agreed between the parties, and Notch’s ownership of the Notch Software,
the Notch store, the Notch Sensors, and the Notch Redistributables, Notch agrees
that it obtains no right, title or interest from you (or your licensors) under
this Agreement in or to any of your Applications or Devices, including any
intellectual property rights which subsist in those Applications or Devices. As
between Notch and you, Notch owns all right, title and interest, including all
intellectual property rights, in and to the SDK, the Notch Software, the Notch
Sensors, and the Notch Redistributables, other than any third party software or
materials incorporated in the SDK, and you agree not to contest Notch’s
ownership of any of the foregoing.
Feedback. You may (but are not required to) provide feedback, comments
and suggestions (collectively, “Feedback
”) to Notch. You
hereby grant to Notch a non-exclusive, perpetual, irrevocable, paid-up,
transferable, sub-licensable, worldwide license under all intellectual property
rights covering such Feedback to use, disclose and exploit all such Feedback
for any purpose.
Obligations and Warranties. In addition to your other obligations under
this Agreement, you warrant and agree that:
You are at least 18 years of age and have the right and authority to enter into
this Agreement on your own behalf and that of your Authorized Users, or if you
are entering into this Agreement on behalf of your company or organization, you
have the right and authority to legally bind your company or organization and
its Authorized Users.
You will use the SDK only in accordance with all accompanying documentation, in
the manner expressly permitted by this Agreement, and your use of the SDK, and
the marketing, sales and distribution of your Application and Device, will be
in compliance with all applicable laws and regulations and all U.S. and local
or foreign export and re-export restrictions applicable to the technology and
documentation provided under this Agreement (including privacy and data
security laws and regulations), and you will not develop any Application which
would commit or facilitate the commission of a crime, or other tortious,
unlawful, or illegal act.
and Development Program. We reserve the right to change this Agreement, the
SDK or the “Powered by Notch” development and licensing program at any time in
our discretion. Notch may require that you either accept and agree to the new
terms of this Agreement, or, if you do not agree to the new terms, cease or
terminate your use of the SDK. Your continued use of the SDK after changes to
this Agreement take effect will constitute your acceptance of the changes. If
you do not agree to a change, you must stop using the SDK and terminate this
Agreement. Any termination of this Agreement by you under this Section 7 (and
only this Section 7) will not affect your right, subject to your continued
compliance with your obligations under this Agreement, to continue to
distribute versions of your Application or Device created and first distributed
before termination, and will not affect the right of your End Users to continue
using such versions of your Application or Device, both of which rights will
8. Term and
Term. This Agreement will continue to apply until terminated by either
you or Notch as set out below.
Termination by You. If you want to terminate this Agreement, you may
terminate it by uninstalling and destroying all copies of the SDK that are in
the possession, custody or control of you, your Authorized Users and your
Termination by Notch. Notch may at any time, terminate this Agreement
with you for any reason or for no reason in Notch’s sole discretion, including
as a result of non-compliance by you with the restrictions in Section 1.2 or
Section 2, or for other reasons.
Effect of Termination. Upon termination of this Agreement, all rights
granted to you under this Agreement will immediately terminate and you must
immediately cease all use and destroy all copies of the SDK in your and your
Authorized Users’ possession, custody or control, and, except as specifically
set out in Section 9, cease your distribution of Applications, Devices or
Products. Sections 1.2, 2.1, 2.2, 4, 5.1, 5.2, 6, 8.4, 9 and 10 - 12, and the
Definitions exhibit, will survive termination of this Agreement. Termination of
this Agreement will not affect the right of your End Users who have downloaded
your Application or purchased “Powered by Notch” Devices associated with your
Application prior to termination to continue using it.
You agree to indemnify, hold harmless and, at Notch’s option, defend Notch and
its affiliates and their respective officers, directors, employees, agents, and
representatives harmless from any and all judgments, awards, settlements,
liabilities, damages, costs, penalties, fines and other expenses (including
court costs and reasonable attorneys’ fees) incurred by them arising out of or
relating to any third party claim (a) with respect to your Application,
including products liability, privacy, or intellectual property infringement
claims, or (b) based upon your negligence or willful misconduct or any breach
or alleged breach of your representations, warranties, and covenants under this
Agreement. In no event may you enter into any settlement or like agreement with
a third party that affects Notch rights or binds Notch in any way, without the
prior written consent of Notch.
THE SDK, THE Notch Sensors, the notch Software AND THE Notch Redistributables
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Notch, ON BEHALF OF ITSELF AND ITS SUPPLIERS,
HEREBY DISCLAIMS ALL REPRESENTATIONS, PROMISES, OR WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SDK, THE Notch Sensors, THE
Notch Software AND THE Notch Redistributables, INCLUDING THEIR CONDITION,
AVAILABILITY, OR THE EXISTENCE OF ANY LATENT DEFECTS, AND Notch SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT,
SUITABILITY, AND FITNESS FOR ANY PURPOSE. Notch DOES NOT WARRANT THAT THE SDK, THE
Notch Sensors, THE Notch Software OR THE Notch Redistributables WILL BE
ERROR-FREE OR THAT THEY WILL WORK WITHOUT INTERRUPTION.
IN NO EVENT WILL Notch’s LIABILITY, OR THOSE OF ITS SUPPLIERS,
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE SDK EXCEED ONE THOUSAND
DOLLARS. EXCEPT FOR INDEMNIFICATION
OBLIGATIONS, OR A BREACH OF THE LICENSE RESTRICTIONS OR CONFIDENTIALITY
OBLIGATIONS, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR BUSINESS
INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A
REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.
Assignment. You may not assign this Agreement without the prior written
consent of Notch. Any assignment without such consent is void and of no effect.
Notch may assign this Agreement without your consent in connection with (a) a
merger or consolidation of Notch, (b) a sale or assignment of substantially all
its assets, or (c) any other transaction which results in another entity or
person owning substantially all of the assets of Notch. In the event of a
permitted assignment, this Agreement will inure to the benefit of and be
binding upon the parties and their respective successors and permitted assigns.
Waiver; Severability. The failure of the other party to enforce any
rights under this Agreement will not be deemed a waiver of any rights. The
rights and remedies of the parties in this Agreement are not exclusive and are
in addition to any other rights and remedies provided by law. If any provision
of this Agreement is held by a court of competent jurisdiction to be contrary
to law, the remaining provisions of this Agreement will remain in full force
Reservation. All licenses not expressly granted in this Agreement are
reserved and no other licenses, immunity or rights, express or implied, are
granted by Notch, by implication, estoppel, or otherwise. The software in the
SDK is licensed, not sold.
Export Restrictions. The software is subject to United States export
laws and regulations. You must comply with all domestic and international
export laws and regulations that apply to the software. These laws include
restrictions on destinations, end users, and end use.
Governing Law and Jurisdiction. This Agreement will be exclusively
governed by and construed under the laws of
the State of New York, without reference to or application of rules governing
choice of laws. All disputes arising out of or related to this Agreement will
be subject to the exclusive jurisdiction of the state and federal courts
located in New York, New York and you hereby consent to such jurisdiction.
However, Notch may apply to any court or tribunal worldwide, including but not
limited to those having jurisdiction over you or your Authorized Users, to seek
Relationship of the Parties. This Agreement does not create any agency,
partnership, or joint venture relationship between Notch and you. This
Agreement is for the sole benefit of Notch and you (and indemnified parties),
and no other persons will have any right or remedy under this Agreement.
Notice. The address for notice to Notch under this Agreement is:
provide you notice under this Agreement by email or other electronic
communication or by posting communications to its development community on the Notch
developer portal. You consent to receive such notices in any of the foregoing
manners and agree that any such notices by Notch will satisfy any legal
Entire Agreement. This Agreement is the entire understanding of the parties
with respect to its subject matter and supersedes any previous or
contemporaneous communications, whether oral or written with respect to such
capitalized in this Agreement:
Users” means your employees and contractors, members of your organization or,
if you are an educational institution, your faculty, staff and registered
students, who (a) have a demonstrable need to know or use the SDK in order to
develop and test Applications or Devices on your behalf and (b) each have
written and binding agreements with you to protect against the unauthorized use
and disclosure of the SDK consistent with the terms and conditions of this
Agreement. Authorized Users do not include End Users.
means your end user customer(s) or licensee(s).
or “us” means Notch Interfaces Inc., a Delaware corporation with a principal
place of business at 630 Flushing Avenue, Brooklyn, New York, 11206, USA.
Sensors” means the Notch motion capture sensors (“notches”), wearable devices
that form a wireless sensor network, collect and process motion data from
onboard sensors for reconstruction of user’s movement data in the shape of
animated 3D models or for export to applications and programs.
Redistributables” means any .lib code, .dll files, .so files, sample code, or
other materials we specifically designate in the SDK as made available for
incorporation into or distribution with Applications or Devices.
Software” means the Notch core services application and related applications
that interact with Notch Sensors and an operating system to make motion control
functionality available to Applications, and includes any Updates thereto.
Materials” means the Notch Software, and any other code, files or materials
that are not specifically designated in the SDK as made available for
incorporation into Applications or Devices or that are specifically designated
in the SDK as not subject to distribution.
Notch’ Devices” means devices, accessories, straps, mounts, clothing, and other
hardware items that are approved through the “Powered by Notch” program.
Notch’ Products” means bundled packages that include “Powered by Notch” Devices
or “Powered by Notch” Applications that are approved through the “Powered by
Notch” program. For example, a snowboarding training kit sold as a package with
Notch Sensors, a Notch dock and “Powered by Notch” Device for mounting to the snowboard
with “Powered by Notch” Applications packaged together.
Notch’ Software” means Applications that are approved through the “Powered by
collectively, the Notch Redistributables, tools, APIs, sample code, software,
documentation, other materials and any updates to the foregoing that may be
provided or made available to you by Notch in connection with this Agreement,
via the Notch developer portal or otherwise for use in connection with the Notch
development program to develop Applications.
Application” means an Application which is: (i) sold, licensed, leased, or
otherwise disposed of for a list price of more than US$1,500 or local
equivalent, or more than US$500 per year or local equivalent if on a
subscription, lease or similar basis; or (ii) sold, licensed, leased or
otherwise disposed of as part of, or for use with, another application, system,
machine or device (other than a personal computer), having a list price of more
than US$1,500 or local equivalent, or more than US$500 per year or local
equivalent if on a subscription, lease or similar basis; or (iii) designed for
use, or that is primarily used, with or for control, whether direct or
indirect, of industrial, commercial, or military equipment..
means updates, upgrades, modifications, enhancements, revisions, new releases
or new versions to the SDK that Notch may make available to you in connection
with this Agreement.
capitalized terms used in this Agreement have the meaning given them elsewhere
in this Agreement.