developerAgreement media/lg_hdr_agreement.gif Developer Agreement PLEASE READ THIS DEVELOPER ADDENDUM ("ADDENDUM") CAREFULLY. THE TERMS AND CONDITIONS OF THIS ADDENDUM SUPPLEMENT THE MEMBER AGREEMENT BETWEEN YOU AND THERE.COM/MAKENA TECHNOLOGIES, INC. ("COMPANY"). IF THERE IS A DIRECT CONFLICT BETWEEN THE TERMS OF THIS ADDENDUM AND THE MEMBER AGREEMENT, THE TERMS OF THIS ADDENDUM SHALL CONTROL. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS ADDENDUM. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS ADDENDUM, CLICK ON THE "CANCEL" BUTTON. ACCEPTANCE BY COMPANY IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS ADDENDUM; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. Company provides you with a limited license to use the software tools you are about to download ("Software"), solely for the purpose of creating content ("Developer Submissions") and submitting the Developer Submissions to Company for display and distribution through the services on this Website (the "Services") (the "Site"). You shall not copy, distribute, sell, lease, lend, sub-license, or charge others to use or access the Software, or reverse engineer, disassemble or attempt to discover the structure or underlying ideas of the Software. You shall not use the Software to create Developer Submissions for any use other than in connection with the Services, and you shall not provide any Developer Submissions created with the Software to any third party other than Company. ALL SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND AND COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND MERCHANTABILITY. You hereby grant to Company a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, distribute, modify and otherwise fully exploit any Developer Submissions that you submit to Company for any purpose necessary or relating to the Services. Any Developer Submissions submitted by you shall be subject to the terms and conditions of the Member Agreement. Company may, in its sole discretion, remove any Developer Submissions from its Services and may refuse to display or distribute any Developer Submissions submitted by you. None of the Developer Submissions or the ideas, designs or concepts underlying the Developer Submissions shall be subject to any obligation of confidence on the part of Company and Company shall not be liable for any use or disclosure of any Developer Submissions. You hereby warrant that you are the sole designer, creator and owner of any Developer Submissions that you submit, that the Developer Submissions does not infringe in any way on the intellectual property rights, rights of privacy or publicity, or any other rights of any third party, and that the Developer Submissions are fully compliant with the terms and conditions of the Member Agreement. You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, related companies, employees, officers, directors and agents from any claims made by third parties relating to the Developer Submissions. If Company makes available to you a Makena logo or other Makena artwork for downloading ("Makena Logos"), Company hereby grants to you a non-exclusive, non-assignable, non-sublicenseable, revocable, royalty-free license to display such Makena Logos on your Website, including the associated trademarks and copyrights therein, for the sole purpose of (a) linking from your Website to the There.com home page, and (b) promoting the Service from your Website. You may display the Makena Logos only in the form and at the size provided to you. You may not modify or alter the Makena Logos in any way, including size, proportions, colors, elements, type or any other respect. You may not animate, morph or otherwise distort the Makena Logos' perspective or dimensional appearance. If Company provides you with a substitute version of any Makena Logo, you shall replace such Makena Logo as soon as reasonably possible. Each Makena Logo shall be surrounded by a reasonable amount of empty space, and you may not use the Makena Logo in conjunction with other logos or marks in a way that would create a combination mark. You may not use the Makena Logos in a way that suggests that Company endorses or sponsors your Website. The Makena Logos may not appear larger or more prominently than other branding on the page on which it is displayed. You may not use the Makena Logo in any way that tarnishes, blurs or dilutes the quality of Company's trademarks or any associated goodwill. Without limiting the foregoing, you shall not display the Makena Logos on any pages that contain infringing or illegal content. You acknowledge Company' sole and exclusive ownership of the Makena Logos, and you shall not take any action inconsistent with such ownership, such as adopting, using, registering, or attempting to register any logo or trademark confusingly similar to any Makena Logos. All use of or goodwill associated with the Makena Logos shall inure to Company's benefit. You may not use the any Makena Logo in any manner not expressly authorized under this Addendum. Company reserves the right to require you to make changes to your use of the Makena Logos and can revoke this Makena Logo license on notice to you. Company may terminate the license to use the Makena Logos at any time for any reason or no reason. In the event of termination of the Member Agreement and/or this Addendum, you agree that you shall immediately remove the Makena Logos from your Website and otherwise cease using the Makena Logos. If Company makes available to you a third party's logo ("Third Party Logos"), Company hereby grants to you a non-exclusive, non-assignable, non-sublicenseable, revocable, royalty-free license to use such Third Party Logos, for the sole purpose of developing Developer Submissions that you submit to Company and other virtual assets for the Service. You may use the Third Party Logos only in the form and at the size provided to you. You may not modify or alter the Third Party Logos in any way, including size, proportions, colors, elements, type or any other respect. You may not animate, morph or otherwise distort the Third Party Logos' perspective or dimensional appearance. If Company provides you with a substitute version of any Third Party Logo, you shall replace such Third Party Logo as soon as reasonably possible. Each Third Party Logo shall be surrounded by a reasonable amount of empty space, and you may not use the Third Party Logo in conjunction with other logos or marks in a way that would create a combination mark. You may not use the Third Party Logos with any other virtual reality world or for any purpose other than as expressly set forth above in this paragraph. You may not use any Third Party Logo in any way that tarnishes, blurs or dilutes the quality of the third party's trademark or service mark or any associated goodwill. You acknowledge the associated third party's sole and exclusive ownership of the Third Party Logos, and you shall not take any action inconsistent with such ownership, such as adopting, using, registering, or attempting to register any logo or trademark confusingly similar to any Third Party Logos. All use of or goodwill associated with the Third Party Logos shall inure to the benefit of Company and its third party licensors. You may not use any Third Party Logo in any manner not expressly authorized under this Addendum. Company reserves the right to require you to make changes to your use of the Third Party Logos and can revoke this Third Party Logo license on notice to you. Company may terminate the license to use the Third Party Logos at any time for any reason or no reason. In the event of termination of the Member Agreement and/or this Addendum, you agree that you shall immediately cease using all Third Party Logos. To the extent that it has the right to do so, Company hereby grants to you a nonexclusive, non-assignable, non-sublicenseable, revocable, royalty-free license to copy or clip digital images of the Services from your computer screen while you are in the There.com environment and save those image as a graphics file ("screen grab"), solely to (a) incorporate those screen grabs into Developer Submissions that you submit to Company, and (b) display those screen grabs on your Website, for the sole purpose of promoting the Services from your Website; , provided that you acknowledge that much of the content in the Service is owned or controlled by third parties other than Company (including, without limitation, other users), and therefore, that, except as expressly authorized by Company, you may not copy or clip any such screen grabs of any content in the Service that contains any brand name, logos, trademarks, service marks, celebrity names, slogans or other copyrighted material of any third party, including any other member. Your rights to copy and clip Company content are also limited to screen grabs as defined above, and specifically you may not copy or use in any way any of the underlying code or algorithms that underlie the content in the Service (including, without limitation, textures, geometry models, scripts or other program instructions).