MetaSoul

$200.00

Available on backorder

PRE-ORDER

Create a digital Soul for your Avatars with MetaSoul™ technology.
Include 6 months of free MetaSoul™ Flow, this service keep your digital soul awake and sentient, and it cost $4 per month to extend.
(You can let your digital soul unconscious indefinitely, this won’t affect your ownership)

Only The first 4181 digital souls will have the status of Founder MetaSoul™ – Buy Now!

Estimated delivery: Pre-Order 1 to 3 months

EPU Cloud is for personal and commercial projects. License Limitations on Transfer and resell of data: Your limited license does not allow to transfer or resell of any data from the Emotion Processing Unit buffer for example, but not exclusively in a client-server configuration.

EMOSHAPE’S CLOUD USER LICENSE AGREEMENT

Terms and Conditions.

This is the Emoshape Cloud Software and API License Agreement

IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY AND COMPLETELY.

This End User License Agreement (“Agreement”) is a legally binding agreement between, on one hand, either your employer (if you are acting on behalf of your employer) or you (if you are acting on your own behalf) (“Licensee”), and on the other hand, EMOSHAPE Inc. (“EMOSHAPE”). By clicking the “I Accept” button on this page or by downloading, installing or using any of the software available for download on this page (“Licensed Software”), you are indicating that you are binding Licensee to the terms of this Agreement, and that you are duly authorized by Licensee to do so. If you are not authorized to bind Licensee to the terms of this Agreement, or if Licensee does not agree to be bound by all of the terms of this Agreement, do not click the “I Accept” button and do not download, install or use any such software. 1. License Grant. Subject to the terms and conditions of this Agreement, EMOSHAPE grants Licensee a non-exclusive, non-transferable, non-sublicensable, limited license to: (a) install and internally use the Licensed Software solely to develop and debug embedded applications for EMOSHAPE’s EPU Emotion Chip (“Supported EMOSHAPE Products”); and to make one copy of the Licensed Software solely for backup purposes. 2. Restrictions. Licensee will not, and will have no right to, (a) use, copy or reproduce any Licensed Software except as expressly set forth in Section , (b) modify, create derivative works of, sell, distribute or disclose any Licensed Software, or (c) decompile or otherwise reverse engineer any Licensed Software that is not provided in source code form, or otherwise derive or attempt to derive the source code of, or any processes, techniques, methods, specifications, protocols, algorithms, interfaces, data structures, or other information embodied or used in, any such Licensed Software. Without limiting the generality of the foregoing, Licensee will not, and will have no right to, use any Licensed Software to develop or debug embedded applications for any semiconductor products that are not Supported EMOSHAPE Products. Licensee will not remove, obscure or alter any trademark, copyright or other proprietary rights or ownership notices of EMOSHAPE or any of its licensors that appear in any Licensed Software, and Licensee will reproduce all such proprietary rights and ownership notices on all copies of Licensed Software made by Licensee. This Cloud is for personal and commercial projects. License Limitations on Transfer and resell of data: Your limited license does not allow to transfer or resell any data from the Emotion Processing Unit buffer for example, but not exclusively in a client server configuration. 3. Open Source Software. The table below lists publicly available software included in the Licensed Software and web sites containing licenses under which such software is made available to the public. Notwithstanding anything to the contrary, nothing in this Agreement will limit Licensee’s rights under, or grant to Licensee rights that supersede, the terms of such licenses to the extent they apply to such software or EMOSHAPE’s modifications thereto. Software License Agreement Location QT https://www.qt.io/licensing/ 4. Ownership; Reserved Rights; License to EMOSHAPE. EMOSHAPE and its licensors will retain full and exclusive title to and ownership of the Licensed Software, including, without limitation, all copyrights, patents, trade secrets and other intellectual property rights in and to the Licensed Software. Nothing contained in this Agreement will be construed as conferring upon Licensee or any third party (whether by implication, operation of law, estoppel or otherwise) any right or license not expressly granted by EMOSHAPE to Licensee under this Agreement. Licensee hereby grants to EMOSHAPE and its affiliates a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable license to make, have made, use, sell, offer to sell and import the Licensed Software under any patents of Licensee that, absent this license, would be directly or indirectly infringed by any of the foregoing activities. 5. High Risk Activities. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSED SOFTWARE IS NOT DESIGNED OR APPROVED FOR, AND WILL NOT BE USED (WITHOUT THE EXPRESS WRITTEN APPROVAL OF AN OFFICER OF EMOSHAPE) IN CONNECTION WITH, ANY PRODUCTS THAT ARE USED OR DESIGNED TO BE USED IN CONNECTION WITH ANY ACTIVITIES WHERE THE FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN DEATH, BODILY INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). WITHOUT LIMITATION OF SECTION  OR THIS SECTION , IN NO EVENT WILL EMOSHAPE HAVE ANY LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY USE OF LICENSED SOFTWARE IN CONNECTION WITH HIGH RISK ACTIVITIES, AND EMOSHAPE HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY HIGH RISK ACTIVITIES. 6. Indemnification. Licensee will indemnify, hold harmless and, at EMOSHAPE’s request, defend EMOSHAPE from and against all claims, suits, proceedings, losses, damages, liabilities and expenses (including, without limitation, attorneys’ and other professionals’ fees) arising out of or relating to (a) Licensee’s use or other exploitation of the Licensed Software, or (b) Licensee’s breach of this Agreement. 7. Term and Termination. This Agreement will remain in effect until terminated. Licensee may terminate this Agreement at any time with written notice to EMOSHAPE. This Agreement will automatically terminate if Licensee fails to comply with any of the terms and conditions of this Agreement. 8. Effect of Termination. Upon any termination of this Agreement, (a) all licenses granted to Licensee under this Agreement will terminate, (b) Licensee will discontinue all use of the Licensed Software, (c) Licensee will destroy all tangible copies of the Licensed Software and will permanently delete all electronic copies of the Licensed Software, and (d) the rights and obligations of the parties under Sections 8. 3, 5, 6, 8, 9, 10, 11, 12 and 13 will survive such termination. 9. Disclaimer. THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND “WITH ALL FAULTS.” EMOSHAPE DOES NOT MAKE, AND EMOSHAPE HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE LICENSED SOFTWARE OR ANY OTHER ASPECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EMOSHAPE WILL HAVE NO OBLIGATION UNDER THIS AGREEMENT TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE LICENSED SOFTWARE, PROVIDE ANY UPDATES, UPGRADES OR NEW RELEASES OF THE LICENSED SOFTWARE, OR OTHERWISE PROVIDE ANY TECHNICAL SUPPORT OR MAINTENANCE FOR THE LICENSED SOFTWARE. EMOSHAPE MAY MAKE CHANGES TO THE LICENSED SOFTWARE AT ANY TIME AND WITHOUT ANY OBLIGATION TO NOTIFY LICENSEE OR PROVIDE SUCH CHANGES TO LICENSEE. 10. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMOSHAPE BE LIABLE TO LICENSEE OR ANY THIRD PARTY (WHETHER SUCH LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT THEORY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE LICENSED SOFTWARE OR ANY OTHER ASPECT OF THIS AGREEMENT, EVEN IF EMOSHAPE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMOSHAPE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE LICENSED SOFTWARE OR ANY OTHER ASPECT OF THIS AGREEMENT (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) EXCEED THE GREATER OF (A) THE AGGREGATE OF ALL LICENSE FEES PAID BY LICENSEE TO EMOSHAPE FOR THE LICENSED SOFTWARE AND (B) FIVE HUNDRED DOLLARS ($500). WITHOUT LIMITING THE FOREGOING, AND NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, EMOSHAPE WILL NOT BE LIABLE FOR ANY COSTS OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY UNDER ANY CIRCUMSTANCES. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, EXCLUSION OF DAMAGES AND EXCLUSIVE REMEDIES CONTAINED IN THIS AGREEMENT, AND THAT EACH OF THE FOREGOING PROVISIONS FORMS AN ESSENTIAL AND FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH SUCH THE OTHER PARTY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. EACH PARTY AGREES THAT SUCH PROVISIONS WILL SURVIVE AND APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY. 11. Compliance with Laws; Export. Licensee will comply with the laws and regulations of the United States and all other relevant jurisdictions in connection with its activities related to the Licensed Software. Without limitation of the foregoing, Licensee acknowledges that certain laws and regulations of the United States and other jurisdictions may pertain to the export and re-export of the Licensed Software, and Licensee will not export or re-export any Licensed Software in any form without the appropriate governmental approvals, or otherwise in violation of any such laws or regulations. 12. Governing Law; Dispute Resolution. This Agreement is to be construed in accordance with and governed by the internal laws of the State of California (as permitted by Section 1646.5 of the California Civil Code or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. This Agreement will not be governed by the U.N. Convention on the Sale of Goods, the application of which is expressly excluded. Except for actions for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, all disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the California state courts in Santa Clara County, California, or if there is exclusive federal jurisdiction, the United States District Court for the Northern District of California, and the Parties hereby consent to, and agree to submit to, the personal and exclusive jurisdiction and venue of such courts. 13. General. Licensee will not, and will have no right to, assign, delegate or otherwise transfer (whether voluntarily, by operation of law or otherwise) this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of EMOSHAPE, and any purported assignment, delegation or other transfer without such consent will have no force or effect. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. No failure of either party to enforce any right under this Agreement will be deemed a waiver of such right or any other right under this Agreement. Any waiver by a party of a breach of any provision of this Agreement by the other party hereunder will not be deemed to be a waiver of any subsequent breach of such provision or a waiver of any breach of any other provision of this Agreement. This Agreement may not be superseded, modified, or amended except in a writing signed by an officer of each party. If any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the intent of the parties, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement will be fairly interpreted in accordance with its terms and without any strict construction against either party because it was drafted by such party or for any other reason. This Agreement will constitute the entire agreement between the parties relating to the subject matter hereof, and expressly supersedes and replaces all prior and contemporaneous agreements, proposals, quotations, negotiations and communications, written or oral, between the parties relating to such subject matter. EMOSHAPE Inc. 276 Fifth Avenue Suite 704 New York, NY, New York 10001 United States of America http://www.EMOSHAPE.com