Lucky Engine End User License Agreement
This Lucky Engine End User License Agreement (the "Agreement") applies to your use of Lucky Engine, Lucky Robots’ real-time 3D creation tool for robotics and simulation. Lucky Engine can be used for a wide range of applications, including synthetic data generation, robotics training, simulation, visualization, and video game development.
This Agreement is a legal document detailing your rights and obligations related to using Lucky Robots’ proprietary computer software program known as Lucky Engine and any updates or upgrades to the program made available by Lucky Robots (the "Licensed Technology"). By downloading, installing, or using the Licensed Technology, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, do not use the Licensed Technology.
When we say, "you," "your" or "yourself", we mean you as an individual or the legal entity exercising rights under this Agreement through you. When we say "Lucky Robots," "we" or "us," we are referring to the Lucky Robots entity responsible for providing the Licensed Technology.
The Licensed Technology
1. What Technology Lucky Robots Is Licensing to You
The Licensed Technology licensed to you under this Agreement includes the object code (executable form) of the Lucky Engine software and related Lucky Robots-provided content (such as assets, documentation, and interface files) that you access when you download or install Lucky Engine.
"Licensed Technology" refers strictly to the executable software provided by Lucky Robots. It does not include Source Code.
"Source Code" means the human-readable form of the software program, including original code logic and algorithms. No license to the Source Code is granted under this Agreement. You acknowledge that the Licensed Technology is a proprietary trade secret of Lucky Robots.
2. How You Can Use the Licensed Technology
Lucky Robots grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute the Licensed Technology (the "License"). Your usage rights and fee obligations depend on your specific use case as defined below:
a. Robotics and Data Generation Use
- i. Non-Commercial: You may use the Licensed Technology for free for personal, educational, or research purposes involving robotics or simulation, provided such use does not directly or indirectly result in a commercial product, service, or commercial advantage.
- ii. Commercial: If you are a commercial entity, or if your use of the Licensed Technology is intended to support a commercial product, service, or operation (including the training of proprietary robotics models for internal or external use), your use is subject to the Data Generation Fees described in Section 3 and the Usage Fee Addendum.
b. Game Development Use (Free)
You may use the Licensed Technology to develop, test, and distribute interactive video games for entertainment purposes ("Game Applications") free of charge, regardless of whether you are a commercial or non-commercial entity. This exemption applies solely to applications where the primary purpose is end-user entertainment. It does not apply to applications designed for machine learning training, synthetic data generation, or industrial simulation, which remain subject to Section 2(a).
c. Connectivity and Account Requirements
To use the Licensed Technology, you must be signed into a valid Lucky Robots user account. The Licensed Technology requires an active internet connection to function ("Online Mode") to accurately record and report the volume of training data generated ("Usage Metrics"). You agree not to bypass, spoof, or tamper with the authentication or usage tracking mechanisms.
d. Offline Usage (Enterprise)
If you require use of the Licensed Technology in an environment without an internet connection (an "Air-Gapped" or "Offline" environment), you may not use the software under this standard Agreement. You must contact Lucky Robots to sign a special Enterprise License Agreement. Use of the Licensed Technology without an internet connection without a separate Enterprise License Agreement is a material breach of this Agreement.
3. What You Pay Lucky Robots
Your payment obligations are determined by the activity performed within the Licensed Technology:
- (a) Game Development and Non-Commercial Use: No fees are required. You may develop and monetize Game Applications without paying royalties or usage fees to Lucky Robots.
- (b) Commercial Robotics and Data Generation: You are obligated to pay Lucky Robots usage fees based on the hours of training data generated using the Licensed Technology ("Data Generation Fees"). The software will automatically track the duration of active data generation. See the Usage Fee Addendum for details on rates and billing.
4. Ownership of Output vs. Software
- a. Your Output: You own all rights, title, and interest in the data, images, videos, sensor logs ("Generated Data"), and Game Applications created through your valid use of the Licensed Technology, provided you have complied with all payment obligations where applicable.
- b. Our Software: Lucky Robots retains all right, title, and interest in and to the Licensed Technology, including all intellectual property rights therein.
5. Restrictions on Your Use
You must ensure that your activities with the Licensed Technology do not:
- (a) Reverse Engineering: Reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the Source Code of the Licensed Technology, in whole or in part;
- (b) Distribution: Distribute, sell, rent, lease, sub-license, or otherwise make the Licensed Technology (the engine executable) available to any third party (except as an inseparable part of a compiled Game Application);
- (c) Circumvention: Attempt to circumvent the online usage tracking, billing, or account authentication systems;
- (d) Offline Use: Use the Licensed Technology in an offline environment without a valid Enterprise License Agreement;
- (e) Competitive Analysis: Use the Licensed Technology for the purpose of developing a competing software product;
- (f) Illegal Use: Violate any applicable law or regulation.
Our Relationship
6. The Agreement Between You and Lucky Robots
If we make changes to this Agreement, you are not required to accept the amended Agreement, and this Agreement will continue to govern your use of any Licensed Technology you already have access to. However, if we make changes to this Agreement, you will not be allowed to access certain services or download updates unless you have accepted the amended Agreement.
7. Privacy and Usage Data
Your privacy is important to us. By using the Licensed Technology, you acknowledge and agree that the software will transmit Usage Metrics (specifically, the volume of training data generated, duration of usage, and account status) to Lucky Robots for billing and verification purposes. This data is essential to the operation of our pricing model.
8. Records and Audits
You will keep accurate books and records that are reasonably sufficient to verify your compliance with the Data Generation Fee requirements. Lucky Robots or its designated representatives may upon reasonable prior notice to you conduct reasonable audits of those books and records.
Other Rights and Obligations
9. Disclaimers
THE LICENSED TECHNOLOGY IS PROVIDED BY LUCKY ROBOTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUCKY ROBOTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED TECHNOLOGY. YOUR USE OF THE LICENSED TECHNOLOGY IS AT YOUR SOLE RISK.
10. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LUCKY ROBOTS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
11. Governing Law and Class Action Waiver
Any dispute or claim by you arising out of or related to this Agreement will be governed by the laws of the State of Texas. You and Lucky Robots agree to only bring disputes arising out of or related to this Agreement in an individual capacity and will not seek to bring, join, or participate in any class or representative action.
Usage Fee Addendum
If you are a Commercial User engaged in Robotics or Data Generation, you must comply with the terms of this Usage Fee Addendum.
1. Metric for Billing
The pricing model for Lucky Engine is based on "Training Data Hours." A "Training Data Hour" is defined as one hour of simulated time or wall-clock time (whichever is greater) during which the Licensed Technology is actively generating, rendering, or recording data outputs for robotics or AI training (including visual, physics, or sensor data).
Usage of the Licensed Technology strictly for the development, testing, or playing of video games ("Game Mode") does not accrue Training Data Hours and is not billable.
2. Connection Requirement
To accurately calculate Training Data Hours, the Licensed Technology must maintain a connection to Lucky Robots’ servers. If the connection is lost, data generation capabilities may be suspended until the connection is restored.
3. Payment Terms
Commercial Users generating training data must provide a valid payment method upon account creation. Fees for Training Data Hours will be calculated and invoiced [Monthly/Weekly]. Failure to pay invoices may result in the suspension of your license and access to the Licensed Technology.
4. Enterprise Exception
If you cannot adhere to the online requirement or the standard per-hour pricing model, you must contact Lucky Robots Sales to negotiate an Enterprise License Agreement. This addendum does not apply to users operating under a valid Enterprise License Agreement.