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Magic Leap 2 Supplemental Terms and Conditions

Last Revised: August 1, 2023

Part I: Supplemental Terms and Conditions for Software
Part II: Supplemental Terms for Additional Magic Leap 2 Offerings

Part I: Supplemental Terms and Conditions for Software

These supplemental terms and conditions ("Supplemental Terms") are an agreement between you and Magic Leap, Inc. ("Magic Leap") and supplement the Magic Leap 2 Software License Agreement ("Software License"). In the event of a conflict between these Supplemental Terms and the Software License, these Supplemental Terms apply. If you do not agree to these Supplemental Terms, do not use Magic Leap 2 Device or any of the Software provided therewith. Capitalized terms not otherwise defined herein shall have meaning set forth in the Software License.

Magic Leap 2 Base Edition

Magic Leap 2 Devices designated as the Magic Leap 2 Base Edition do not include the right to access and use upgraded Software features (e.g., the Developer Pro Upgrades, Enterprise Upgrades or MedTech Upgrades defined below).

Magic Leap offers the option to upgrade and obtain a license to the Developer Pro Upgrades or Enterprise Edition Upgrades with the payment of an upgrade fee (pro-rated as appropriate). For more information about upgrades, please contact the entity from which you originally purchased your Magic Leap 2 Device.

For the avoidance of doubt, Magic Leap does not offer the ability to purchase the MedTech Upgrades on a stand-alone basis. You must purchase a Magic Leap 2 Device designated as a Magic Leap MedTech Edition in order to access and use MedTech Upgrades.

Magic Leap 2 Developer Pro Edition

Magic Leap 2 Devices designated as the Magic Leap 2 Developer Pro Edition include the right to access and use certain Device Software, SDK Materials and other Software for use on and with the Magic Leap 2 Device (such Software, the "Developer Pro Upgrades"). The Developer Pro Upgrades require a properly activated valid license key.

If you have purchased a Magic Leap 2 Device designated as the Magic Leap 2 Developer Pro Edition, your license to the Developer Pro Upgrades is "perpetual" which, for the purposes of the Software License, means that your license continues in effect unless the Software License is terminated pursuant to Section 11 of the Software License (i.e., Developer Pro Upgrades are not term-based licenses).

Notwithstanding anything in Section 2 of the Software License to the contrary, you acknowledge and agree that use of the Software included with the Magic Leap 2 Developer Pro edition is recommended for internal use only and is designed for primary use in the development, testing and demonstration of Applications. Use of the Software included with the Magic Leap 2 Developer Pro Edition in commercial deployments or production environments is not permitted without upgrading to receive the Enterprise Edition Upgrades (defined below) and your payment of corresponding upgrade fees. For more information about upgrading, please contact the entity from which you originally purchased your Magic Leap 2 Device.

Magic Leap 2 Enterprise Edition

Magic Leap 2 Devices designated as the Magic Leap 2 Enterprise Edition include the right to access and use certain Device Software, SDK Materials and other Software for use on and with the Magic Leap 2 Device (such Software, the "Enterprise Edition Upgrades"). The Enterprise Edition Upgrades require a properly activated valid license key.

If you have purchased a Magic Leap 2 Device designated as the Magic Leap 2 Enterprise Edition, your purchase order or similar ordering documentation will indicate whether you are purchasing (a) a "perpetual" license to the Enterprise Edition Upgrades which, for the purposes of the Software License, means that your license continues in effect until the Software License is terminated pursuant to Section 11 of the Software License, or (b) a term-based license to the Enterprise Edition Upgrades.

If you acquire a term-based license, the length of such "Enterprise Term" will commence on the date when Magic Leap delivers a valid license key in the applicable purchase order or similar ordering documentatio After the expiration of the initial Enterprise Term, additional renewal terms may be available for purchase from the entity from which you originally purchased your Magic Leap 2 Device. The Enterprise Term will not automatically renew; you must obtain an additional license key for any renewal term.

If you elect to let the Enterprise Term lapse without renewal, you may have the option to reactivate your license to the Enterprise Edition Upgrades. Magic Leap also offers the option to upgrade from a term-based license to a perpetual license with the payment of a one-time upgrade fee (pro-rated as appropriate). For the avoidance of doubt, perpetual licenses are not eligible for downgrade to a term-based license once acquired. For more information about reactivation and upgrades, please contact the entity from which you originally purchased your Magic Leap 2 Device.

Magic Leap 2 MedTech Edition

Magic Leap 2 Devices designated as the Magic Leap 2 MedTech Edition include the right to access and use certain Device Software, SDK Materials and other Software for use on and with the Magic Leap 2 Device (such Software, the "MedTech Upgrades"). The MedTech Upgrades require a properly activated valid license key.

If you have purchased a Magic Leap 2 Device designated as the Magic Leap 2 MedTech Edition, your license to the MedTech Upgrades is "perpetual" which, for the purposes of the Software License, means that your license continues in effect until the Software License is terminated pursuant to Section 11 of the Software License (i.e., MedTech Upgrades are not term-based licenses).

Magic Leap 2 Developer Pro - Early Access Edition

Notwithstanding anything in Section 2 of the Software License to the contrary, you acknowledge and agree that the Software included with the Magic Leap 2 Developer Pro - Early Access Edition (the "Early Access Product") is recommended for internal use only and is designed for primary use in the development, testing and demonstration of Applications. Use of the Software included with the Early Access Product Edition in commercial deployments or production environments is not permitted without upgrading to receive the Enterprise Edition Upgrades and the payment of corresponding upgrade fees. For more information about upgrading, please contact the entity from which you originally purchased your Magic Leap 2 Device.

If you purchased the Early Access Product on or before September 30, 2022, your purchase of the Early Access Product included Developer Pro Upgrades (when available). The Developer Pro Upgrades require a properly activated valid license key.

The Early Access Product (including the Software), by its nature, is provided to you as an alpha, beta, experimental, untested or not fully-tested version. You assume all risks associated with use of the Early Access Product. The Early Access Product may experience delays or failures of functionality, may be incomplete and may contain errors, defects, security flaws, connectivity issues, bugs or other inaccuracies that could cause periods of downtime/unavailability, failures, and/or the disclosure, corruption and/or loss of data or information.

If you are using the Early Access Product after September 30, 2022, we recommend a prompt upgrade of your Software.

Magic Leap Spotlight Experiences

Welcome to our Spotlight Experiences! Spotlight Experiences are Applications developed by Magic Leap that are ready-to-use and highlight key features of your Magic Leap 2 Device. Spotlight Experiences may be available either via download on magicleap.com or pre-installed (for optional use) as part of the Device Software on your Magic Leap 2 Device. As used in these Supplemental Terms, "Spotlight Experiences" refer to both the Application for Magic Leap 2, as well as access to and use of any related websites, web applications and services. Use of the Application components of our Spotlight Experiences is governed by the Software License (as supplemented by these Supplemental Terms); use of any related website, web applications and related services is governed by Magic Leap's standard Website Terms of Use. Currently, Spotlight Experiences include Magic Leap Assist and Magic Leap Workshop.

Spotlight Experiences may include functionality that enable interactions between Magic Leap 2 Device users and remote users via web browser, including by audio, video, text, file upload or other annotation tools and features. You are responsible for your interactions with others when using a Spotlight Experience (whether participating via the Application on the Magic Leap 2 or remotely via web browser) and you agree not to transmit, distribute, upload or otherwise share any information or materials that (a) are abusive, obscene, invasive of privacy or publicity rights, pornographic, offensive or threatening; (b) violate any intellectual property or proprietary right of a third party; (c) are illegal or encourages illegal behavior; (d) impersonates a person or entity or misrepresents your affiliation with an organization; (e) is off-topic or constitutes unsolicited promotions, political campaigning, advertising or spam; (f) contains a virus or harmful component; and/or (g) is otherwise harmful or may expose Magic Leap or its users to liability.

Use of Spotlight Experiences may require limited connectivity to Magic Leap's and/or a third-party's servers, including to enable "peer-to-peer" connections between Magic Leap 2 Devices and web users. You acknowledge and consent to such connectivity and acknowledge that Spotlight Experiences may collect, process and use certain information about you, including content you provide or upload when using a Spotlight Experience. Please visit magicleap.com/privacy and read Magic Leap's Privacy Policy carefully so you understand how Magic Leap uses and shares information Magic Leap collects about you. By using a Spotlight Experience, you acknowledge that Magic Leap will use and process such information as necessary to provide the Spotlight Experience's functionality and to comply with its obligations under applicable law.

Spotlight Experiences (including the Application and all websites, web applications and related services) are provided to you as an alpha, beta, experimental, untested or not fully-tested version. Magic Leap does not monitor or review your use of Spotlight Experiences and we are under no obligation to do so. Your use of Spotlight Experiences including any information or materials provided by other users, and any interactions with others, is at your own risk. Spotlight Experiences may experience delays or failures of functionality, may be incomplete and may contain errors, defects, security flaws, connectivity issues, bugs or other inaccuracies that could cause periods of downtime/unavailability, failures, and/or the disclosure, corruption and/or loss of data or information. You acknowledge that Magic Leap is not obligated to make Spotlight Experiences (including the Application and its related websites, web applications and services) available to you and Magic Leap may stop providing access to such offerings at any time. Magic Leap may terminate your access to Spotlight Experiences immediately if we reasonably determine your use of a Spotlight Experience is violating any laws, rules or regulations; creating potential legal liability for Magic Leap or if we believe your use of a Spotlight Experience poses a security, health or safety risk.

Part II: Supplemental Terms for Additional Magic Leap 2 Offerings

RapidReplace

RapidReplace is an optional service plan we offer for issues that are covered by our Limited Warranty or Extended Warranty, as applicable, that may allow you to obtain an advanced replacement Magic Leap 2 Device (i.e., we will ship your replacement device first before we receive your defective device back).

To activate RapidReplace, please contact the entity from which you originally purchased your Magic Leap 2 Device.

You are entitled to two RapidReplace exchanges per year during your coverage period. Please keep in mind that if you don't use RapidReplace during the coverage year, your right to use it expires (i.e., exchanges do not rollover). If you fail to return a defective Magic Leap 2 Device as instructed during the RapidReplace process, we reserve the right to to invoice you for its full retail value.

Entitlements for Magic Leap 2 Developer Pro Edition

Magic Leap 2 Devices designated as the Magic Leap 2 Developer Pro Edition may include the following limited time offers:

Up to $600 in Google Cloud credits for new Google customers (see Google Cloud Free Program for Terms & Conditions here).
50,000 free minutes of Agora's real-time engagement platform.

Entitlements are third party products and subject to the terms and conditions of each applicable third party provider. Instructions on how to redeem such offers will be provided to you in your ordering documentation for your Magic Leap 2 Device. For more information about offers, please contact the entity from which you originally purchased your Magic Leap 2 Device.

Developer Package Terms & Conditions

The Magic Leap Developer Package includes dedicated support sessions with Magic Leap engineers ("Support Sessions"), a 90-day trial subscription to ArborXR ("Third-Party Entitlements"), and one (1) voucher for a Prescription Insert Lens Kit ("Voucher"). By participating in the Developer Package offer, you agree to the following terms and conditions:

Eligibility: This offer is open to new Magic Leap accounts only. Existing customers and those with previous accounts are not eligible.
Promotion Period: This offer is valid from April 1, 2023 through June 30, 2023 at 11:59 pm Eastern Time.
Territory: This offer is open to eligible customers based in select regions where Magic Leap 2 is sold, excluding the Kingdom of Saudi Arabia and Japan.
Offer Details: To qualify for this offer, eligible customers must purchase a minimum of five (5) Magic Leap 2 devices on any license edition during the Promotion Period within an eligible Territory.
Non-Transferability: This offer is non-transferable and cannot be combined with any other promotions, discounts, purchases or offers. This offer is limited to one (1) Developer Package per eligible customer and cannot be shared, sold, or transferred to any other party.
Limited Availability: This offer is subject to availability and may be withdrawn or modified at any time without prior notice. Magic Leap reserves the right to limit the number of participating customers.
Redemption: Support Sessions must be redeemed within six (6) months from the date of delivery of the shipping confirmation email and are subject to Magic Leap personnel availability. Failure to redeem within the specified time period may result in forfeiture of the Support Sessions.
Disclaimer: Magic Leap offers the Developer Package on an "as is" and "as available" basis with all faults and without any representations or warranties, express or implied, of any kind. Magic Leap will not be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages of any kind arising out of or in connection with this offer.
Third-Party Entitlements: This offer may include third-party products or services and redemption or use of such third-party products or services may be subject to your agreement to separate terms and conditions including specified redemption requirements. Failure to redeem within the specified time period may result in forfeiture of the Third-Party Entitlements. Magic Leap reserves the right to replace or substitute any third-party products or services associated with this offer.
Voucher: To redeem online, visit frameofchoice.com, search 'Magic Leap', choose the Magic Leap 2 Prescription Insert Lens Kit and apply the provided voucher code to the 'Discount Code' field on either the Cart page or the Checkout page. Please note this code is good for one (1) Magic Leap 2 Prescription Insert Lens Kit only. Be sure to enter the full voucher code, including hyphens. Shipping destinations outside of the United States may be subject to additional fees. Voucher codes must be used within the lesser of your original invoice date or six (6) months from the date of delivery of the shipping confirmation email.