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KAT Product License and service agreement

Hangzhou Virtual And Reality Technology Co., LTD.

Introduction

you are welcome to use KAT products and services!

In order to use KAT products and services, you should read and comply with the KAT product safety agreement (hereinafter referred to as“This agreement”). Be sure to read and understand the terms carefully, especially those that exempt or limit liability, and choose to accept or not.

Unless you have read and accepted all the terms of this agreement, you are not authorized to download, install or use this product or related services. Your download, installation, use, etc. are deemed to have read and agreed to the following agreement.

If you are under the age of 18, please read this agreement and the above-mentioned agreements in the presence of your legal guardian, and pay special attention to the terms of use for minors. In particular, if you are a child under the age of 14, you are not allowed to use this product.

WARNING

To avoid injury or damage to the product, read and follow all the assembly and operation instructions before using the product. Read the product manual in its entirety. The manual contains important safety instructions. FAILURE TO FOLLOW INSTRUCTIONS COULD RESULT IN SERIOUS INJURY OR DEATH.

1.This device is intended for use by healthy people aged 14 to 60, who are between 1.55m/ 5'1" and 2m/ 6'7" of height (recommended 1.60m/ 5'3" to 1.95m/6'5" ) and weight below 130kg (286 lbs.). Do not use the KAT product if you do not meet the age, height, or weight requirements, or if your physical condition does not allow for moderate to intense physical activity. If you are uncertain of your health condition, please consult your doctor prior to using this devise. Use of the device for more than 1 hour without a break is not recommended.

3.It is strictly forbidden to insert fingers, hands or any body part into any moving part(s) and openings.

4.Please use the device according to the corresponding instructions or under the guidance of a professional to avoid injuries.

5.Pregnant women or those with epilepsy, cardiopulmonary diseases, eye diseases, mental illnesses, anemia, people undergoing postoperative recovery and people with any physical or limb diseases, especially lower limb diseases are strictly prohibited from using this device.

6.WARNING ‒ This product is not intended for use by individuals under the age of 14 or over the age of 60. The product SHOULD NOT be stored in a room that children under the age of 14 or over the age of 60 or pets may access without supervision. Any spectators should keep a distance of at least 3 feet or 1 meter while the product is in operation.

7.It is the owner's responsibility to follow installation and safety instructions. Failure to follow instructions may result in product instability and/or risk serious bodily injury or death to users, bystanders, children, or pets.

8.Always check the device before use to confirm that it is in a normal state without cracks, scratches, bumps, bends, oddly moving parts or other signs of wear and tear. Check all connections and moving parts to ensure that the nuts, bolts, and other joint structures are tightly fastened.

9.The product base is slippery. When stepping on and off, make sure the anti-slip lock on the shoe sole is ENABLED. Equip a pair of kneepads and step onto the platform. Hold the back support plate to keep balance. Before use, ensure the safety harness is tightly fastened according to the instructions in this manual. Do not use the device with the safety belts unfastened. When using the device, do not try to purposely reach beyond the product base with your foot.

10.Be sure to read and follow all the product instructions and warnings of your VR Headset.

11.Choking hazard: Do not leave small components that pose suffocation hazard within the reach of children and pets.

12.Placement risks: Do not place this device in the following locations:

(1)Outdoor with direct exposure to the sunlight;

(2)Inclined or unstable surfaces;

(3)Exhibition booths made of glass or those that are incapable of meeting the weight support requirements;

(4)Near firefighting equipment or safety exits, etc.

13.If you need to change the location after completing the assembly and installation, be sure to disassemble the device in strict accordance with the components order, use the same material as the original packaging to wrap the device, and choose a high-quality logistics or handling company for the device transportation. Otherwise, the product may be prone to damage.

14.Keep the device safely away from liquids or containers holding liquids and keep it dry at all times.

15.Keep the device safely away from strong magnetic items, which may affect the use of the product.

16.Do not place the device and its other components near fire or heat sources, nor leave it directly exposed to the sun.

17.Do not insert items into any openings of the device.

18.Always turn off the power of any related equipment before unplugging the device. Avoid suddenly cutting off the power supply to avoid short circuits. Always disconnect the device before thunderstorm comes. When disconnecting the device, always pull the USB connector and not the cord.

19.Radio Frequency Interference: This product might emit radio waves that might interfere with the operation of nearby electronic equipment. If you are wearing a pacemaker or any other implantable medical device, consult your doctor or your medical device manufacturer before using the product. In order to minimize radio frequency interference, use only accessories approved by the original manufacturer. Do not use at the same location, or together with any other antenna or transmitter.

20.This device has been evaluated and proven to meet the general RF exposure requirements.The device can be used in portable exposure conditions without restriction.

21.FCC STATEMENT:

Please take attention that changes or modification not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

(1) This device may not cause harmful interference, and

(2) This device must accept any interference received, including interference that may cause undesired operation.

CAN ICES-3 (B)/NMB-3(B).

22.IC STATEMENT:

This device complies with Industry Canada licence-exempt RSS standard(s). Operation is subject to the following two conditions:

(1) this device may not cause interference, and

(2) this device must accept any interference, including interference that may cause undesired operation of the device.

Le présent appareil est conforme aux CNR d'Industrie Canada applicables aux appareils radioexempts de licence. L'exploitation est autorisée aux deux conditions suivantes :

(1) l'appareil ne doit pas produire de brouillage, et

(2) l'utilisateur de l'appareil doit accepter tout brouillage radioélectrique subi, même si le brouillage est susceptible d'en compromettre le fonctionnement.

23.CAUTIONS:

The power source should meet limited power source or PS2 requirements according to IEC60950-1 or IEC 62368-1 standard. Refer to the device label for the standard power supply. Please make sure your power supply matches with your device. Use a power adapter provided by qualified manufacturers. It is recommended to provide an independent power adapter for each device as adapter overload may cause over-heating or a fire hazard.

BATTERY

CAUTION: Risk of explosion if the battery is replaced by an incorrect type.Improper replacement of the battery with an incorrect type may defeat a safeguard (for example, in the case of some lithium battery types). Do not dispose of the battery into fire or a hot oven, or mechanically crush or cut the battery, which may result in an explosion.

Do not leave the battery in an extremely high temperature surrounding environment, which may result in an explosion or the leakage of flammable liquid or gas. Do not subject the battery to extremely low air pressure, which may result in an explosion or the leakage of flammable liquid or gas. Dispose of used batteries according to the instructions.

Violation of the below safety instructions or any other misconduct may cause serious bodily injury, death, or damage to the product, for which KAT VR will not be held responsible.

Health Warnings
The following health warnings will be updated regularly to ensure accuracy and completeness:

1.Before use, it is required to carefully read the product manual and follow all the given instructions. Incorrect set-up of the device may pose safety risks. Pregnant women or those with epilepsy, cardiopulmonary diseases, eye diseases, mental illnesses, anemia, and people undergoing postoperative recovery are strictly prohibited from using this device.

2.Due to different personal health predispositions, and in order to avoid physical discomfort such as dazzling, dizziness or headache, we do not recommend prolonged use of the device.If you experience any discomfort, you should immediately stop using the device and avoid involvement into any physical activities that may pose safety hazards until the symptoms disappear completely. If the symptoms persist for a longer period of time, do not use the device until consulting a physician.

3.Users with history of epilepsy or photosensitive epilepsy, are required to consult a physician before viewing VR content which may include flashing light sources and rapid image sequences.

4.During the use of this device by a child, an adult guardian should always be present to ensure that they do not experience any of the above-mentioned discomforts. If it is your first time using this equipment, it is advised to begin with shorter periods of use and gradually increase the length of use over time.

5.In case of fatigue, hangover, headache, earache, or when under the influence of alcohol or drugs, emotional distress or anxiety, it is strictly forbidden to use the device, or the condition could be aggravated.

6.If you experience the following symptoms when using the device, stop doing it immediately:

(a)Seizures, loss of consciousness;

(b)Eye fatigue, eye muscle twitching, blurriness or other visual abnormalities;

(c)Body balance or hand-eye coordination problems;

(d)Lethargy, nausea, excessive sweating, or any symptoms indicating motion sickness.

7.Symptoms caused by virtual reality may persist and become more apparent a few hours after use. For your personal safety, do not drive or operate machinery, engage in any other activities that are visually or physically demanding or require body balance and hand-eye coordination, until full recovery.

Hangzhou Virtual And Reality Technology Co., LTD.
SOFTWARE LICENSE AGREEMENT FOR KAT GATEWAY
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE KAT VR SOFTWARE. BY CLICKING THE “AGREE” OR “CONTINUE” BUTTON BELOW OR BY USING THE APPLICATION, SERVICES OR PRODUCT UPDATES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE OR DO NOT AGREE TO BE BOUND BY THIS LICENSE, PLEASE CLICK THE “DISAGREE” OR “CANCEL” BUTTON AND DO NOT COMPLETE INSTALLATION OF THE APPLICATION. IF YOU DO NOT ACCEPT THIS LICENSE, THE APPLICATION AND PRODUCT UPDATES WILL NOT BE DOWNLOADED OR INSTALLED.
1.General.

A.The KAT VR Software(“KAT GATEWAY”), use for supported KAT VR branded hardware products, and any KAT VR or third party software, documentation, interfaces, content, fonts, extensions and any data accompanying this License whether in read only memory, on any other media or in any other form are licensed, not sold, to you by Hangzhou Virtual And Reality Technology Co., LTD. (KAT VR) for use only under the terms of this License. KAT VR and KAT VR’s licensors retain ownership of the KAT VR Software itself and reserve all rights not expressly granted to you.

B.KAT VR, at its discretion, may make available future upgrades or updates to the KAT VR Software for your compatible computer and compatible KAT VR branded hardware products. The KAT VR Software upgrades and updates, if any, may not necessarily include all existing software features or new features that KAT VR releases for newer or other models of computer and KAT VR Hardware. The terms of this License will govern any software upgrades or updates provided by KAT VR to the original KAT VR Software, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.

C.Title and intellectual property rights in and to any content displayed by or accessed through the KAT VR Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

2.Permitted License Uses and Restrictions.

A.Subject to the terms and conditions of this License, you are granted a limited, non-transferable, non- exclusive license to (i) install and use the Application solely in connection with the Services obtain and install Product Updates for supported KAT VR Hardware, and (ii) install and use the Product Updates in accordance with the applicable product documentation provided by KAT VR. You agree that you will download and install the Application and Product Updates only on devices that you own or for which you have been given permission to install the Application or Product Updates. To the extent that the KAT VR Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the KAT VR Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the KAT VR Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

B.System Requirements. KAT VR Software is supported only on computers and KAT VR Hardware that meet specified system requirements as indicated by KAT VR.

C.No Reverse Engineering. It cannot be manufactured in reverse order and cannot be reverse engineered. You shall not, and you agree not to, or allow others to copy, disassemble, reverse engineer, disassemble, attempt to export its source code, decode, modify, create derivative works from the KAT VR Software or any services provided by the KAT VR Software, or otherwise any part (except where applicable law prohibits any of the foregoing limitations, or as permitted by the terms of the Terms of Use of the Open Source Components that may be included in the KAT VR Software). The "reverse engineering" mentioned in the preceding paragraph refers to the disassembly, mapping and analysis of KAT gateway applications and KAT VR hardware products obtained from public channels through technical means to obtain relevant technical information of the products.

D.Account. You may be required to create an account to access and utilize certain features of the Application and Services.

E.Compliance with Laws. You agree to use the KAT VR Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the KAT VR Software. Features of the KAT VR Software may not be available in all languages or regions and some features may vary by region.

F.Automatic Updates. KAT VR may require that you download and install updates to the Application from time to time. You acknowledge and agree that KAT VR may automatically update the Application installed on your computer system with or without notifying you in advance, and add, remove or modify features or functions to the Application or Services at any time in its sole discretion.

G.Feedback. From time to time, you may provide feedback to KAT VR with respect to the Application, Services and Product Updates. KAT VR may use such feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the feedback, you hereby grant KAT VR an irrevocable, non-exclusive, perpetual, royalty-free license to use the feedback in connection with KAT VR’s business, including in development of enhancements for the Application, Services, and Product Updates.

3.Consent to Use of Data.

Diagnostic and Usage Data. You agree that KAT VR and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your KAT VR Hardware, computer, system and application software, and peripherals, that is gathered periodically to provide and improve KAT VR’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the KAT VR Software, and to verify compliance with the terms of this License. KAT VR may use this information, as long as it is maintained in a form that does not personally identify you, for the purposes described above. To enable KAT VR’s partners and third party developers to improve their software, hardware and services designed for use with KAT VR products, KAT VR may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and services, as long as the diagnostic information is in a form that does not personally identify you.

4.Services.

A.In order to detect and install Product Updates for supported KAT VR Hardware, the KAT VR Software requires access to the Update My KAT VR service made available through the www.kat-vr.com website or other KAT VR branded website for your location. Use of these Services requires Internet access, may require an Account, may require you to accept additional terms and may be subject to additional fees. If you elect to use such Services in conjunction with the KAT VR Software, your usage of such Services will be subject to those additional terms and conditions.

B.You agree that the Services contain proprietary content, information and material that is owned by KAT VR and its licensors, and is protected by applicable intellectual property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or KAT VR. Except to the extent expressly permitted in the applicable terms for the Services, You agree not to reproduce, modify, rent, lease, lend, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any malware, or by trespass or burdening network capacity.

C.In addition, Services that may be accessed, linked to or displayed through the KAT VR Software may not be available in all languages or in all countries. KAT VR makes no representation that any such Services would be appropriate or available for use in any particular location. KAT VR reserves the right to change, suspend, remove, or disable access to any Services at any time. In no event will KAT VR be liable for the removal of or disabling of access to any such Services or for any updates, maintenance, warranty, technical or other support for such Services. KAT VR may also impose limits or other.

D.restrictions on the use of or access to the Services, in any case without notice or liability. You acknowledge and agree that KAT VR reserves the right to revoke or remove your access to any Services provided by or through the KAT VR Software at any time in its sole discretion.

5.Termination.

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from KAT VR if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Application and Services and destroy all copies, full or partial, of the KAT VR Software, but your right to use the Product Updates shall continue in effect in accordance with the terms and conditions of this License. Sections 2C, 3, 4, 5, 6, 7, 8, 10 and 11 of this License shall survive any such termination.

6.Disclaimer of Warranties.

A.If you are a customer who is a consumer (someone who uses the KAT VR Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.

B.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE KAT VR SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE KAT VR SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

C.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KAT VR SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, Do not guarantee that the products are free from any defects, nor guarantee in any way ,WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KAT VR AND KAT VR’S LICENSORS (COLLECTIVELY REFERRED TO AS “KAT VR” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KAT VR SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

D.KAT VR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KAT VR SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE KAT VR SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE KAT VR SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE KAT VR SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE KAT VR SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS KAT VR SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS KAT VR PRODUCTS AND SERVICES.

E.YOU FURTHER ACKNOWLEDGE THAT THE KAT VR SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE KAT VR SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

F.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KAT VR OR AN KAT VR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE KAT VR SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7.Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL KAT VR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE KAT VR SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE KAT VR SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KAT VR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall KAT VR’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8.Export Control.

You may not use or otherwise export or re-export the KAT VR Software except as authorized by China law and the laws of the jurisdiction(s) in which the KAT VR Software was obtained. In particular, but without limitation, the KAT VR Software may not be exported or re-exported (a) into any China embargoed countries or (b) to anyone on China Treasury Department’s list of Specially Designated Nationals or China Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the KAT VR Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the KAT VR Software for any purposes prohibited by China law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.

9.Government End Users.

The KAT VR Software and related documentation are “Commercial Items”, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to China Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of China.

10.Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of China, and exclude the application of the conflict of laws, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Complete Agreement; Governing Language.

This License constitutes the entire agreement between you and KAT VR relating to the KAT VR Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by KAT VR. Any translation of this License is done for local requirements and in the event of a dispute between the Chinese and any non-Chinese versions, the Chinese version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

Third Party Acknowledgements.

Portions of the KAT VR Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the KAT VR Software, and your use of such material is governed by their respective terms.