OptiTrack's unified software platform. Tailored to meet the needs of the world’s most ambitious production studios and research facilities, Motive combines the best features from our past software offerings with a host of new ones designed to deliver simpler setup, larger volumes, and cleaner data. Learn more
Motive 3.1 delivers vastly improved skeletal and bone tracking precision, and helps users efficiently capture accurate data and produce visually compelling CG content.
Built around a new Quantum Solver that helps users navigate even the most difficult tracking situations with heavy marker occlusion, Motive 3.1 provides robust, reliable data and exceptional results. Additional enhancements include tracking more than 300 rigid bodies simultaneously using active and/or passive markers, precision finger tracking with integrated Manus VR gloves, and anchor markers to aid automated calibration and comprehensive marker labeling.
With an expanded feature set, Motive 2.3.7 advances its precision human and object tracking capabilities across VR, animation, movement sciences and robotics applications.
Notable updates include: Active rigid body speed improvements with up to 66% less latency, IMU sensor fusion improvements, enhanced Continuous Calibration, and support for 250+ cameras in one volume. Additionally, this version of Motive introduces active or passive ‘Anchor Markers’ to both aid Continuous Calibration with disconnected volumes, and provide peace of mind regarding origin drift.
Sample data for use in Motive 3 from movements such as jumping jacks, golfing, running, etc. Also includes take files used in the tutorial videos.
Sample data for use in Motive 2.x or lower from movements such as jumping jacks, golfing, running, etc. Also includes take files used in the tutorial videos.
For the Optitrack Motive product
THIS END USER LICENSE AGREEMENT (“EULA”) IS ENTERED INTO BETWEEN YOU AND NATURALPOINT, INC. (“NATURALPOINT,” “WE,” “OUR,” OR “US”) AND GOVERNS YOUR USE OF NATURALPOINT’S OPTITRACK SOFTWARE (TOGETHER WITH ANY UPGRADES, UPDATES, PATCHES, MODULES, FEATURE ENHANCEMENTS AND ADDITIONAL VERSIONS OF THE OPTITRACK SOFTWARE THAT REPLACE OR SUPPLEMENT THE ORIGINAL OPTITRACK MOTIVE SOFTWARE, AND ANY ACCOMPANYING MANUALS, CONFIGURATION AND/OR OPERATION INSTRUCTIONS AND DOCUMENTATION, THE “SOFTWARE”) PROVIDED TO YOU BY NATURALPOINT.
THIS EULA DOES NOT GRANT YOU ANY RIGHT OR INTEREST IN OR TO NATURALPOINT’S OPTITRACK SDK OR API. NATURALPOINT’S OPTITRACK SDK AND API ARE LICENSED UNDER SEPARATE LICENSE TERMS AND CONDITIONS, ACCESSIBLE HERE: https://optitrack.com/about/legal/eula.html.
IF YOU DOWNLOAD, INSTALL OR USE THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS EULA. IF YOU ARE AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, THEN YOU ARE NOT PERMITTED TO INSTALL, ACCESS, DOWNLOAD OR OTHERWISE USE THE SOFTWARE.
LICENSE
Subject to your compliance with this EULA, NaturalPoint hereby grants you a personal, limited, nonexclusive, nontransferable, nonsublicensable, revocable, worldwide license to download, install, access and use the Software solely with NaturalPoint’s Optitrack hardware products (the “Hardware”) or to process data gathered by the Hardware.
LICENSE LIMITATIONS
Compliance. You agree that you will comply with: (a) all instructions and requirements in any Software documentation that NaturalPoint provides or makes available to you (the “Documentation”); and (b) all applicable local, state, national, and international laws and regulations (as each of these may be amended or modified from time to time (“Applicable Laws”)) with respect to your use of the Software.
Restrictions. Except as expressly permitted by this EULA, you may not, and you will not encourage, assist or authorize any other person to: (a) incorporate any portion of the Software into your own programs or compile any portion of the Software in combination with your own programs; (b) sell, rent, lease, lend, loan, distribute, act as a service bureau or managed service, publicly communicate, transform, or sublicense the Software or otherwise assign any rights to the Software in whole or in part to any third party; (c) modify, alter, tamper with, repair, or otherwise create derivative works of the Software; (d) reverse engineer, disassemble, or decompile the Software or apply any other process or procedure to derive the source code of any software included in the Software or to otherwise determine or attempt to determine how the Software works or operates; (e) use the Software to process, transmit or otherwise make available any content that infringes or misappropriates the intellectual property rights or other proprietary rights of any third party, or without an appropriate license, permission or certification (including as may be required by Applicable Laws); or (f) use the Software to create additional software that replicates the functionality of, or is intended to replace, the Software. You will not use, modify or distribute the Software in any manner that would require disclosure, license, or distribution of the source code of the Software or grant others any rights to modify the Software. You will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in any Software. Copies of the Software are permitted only for back-up purposes and must be marked by you as a back-up copy. You may not make copies of the Documentation unless expressly authorized by NaturalPoint in writing (email to suffice).
RESERVATION OF RIGHTS
The Software is owned by NaturalPoint, our affiliates and our licensors. The structure, organization, and code of the Software are our valuable trade secrets and constitute our confidential information. You acknowledge and agree that title to the Software and all the copies thereof, including all industrial and intellectual property rights (including the exclusive rights of economic exploitation), copyright, trade secrets and patent rights, are owned by NaturalPoint, our affiliates and our licensors. The Software is protected by Applicable Laws, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in this EULA, all right, title and interest in the Software are reserved and retained by us, our affiliates, or our licensors. You do not acquire any intellectual property rights or other rights in the Software as a result of downloading, installing, accessing or using the Software.
SUGGESTIONS
If you elect to provide any Suggestions to NaturalPoint or its affiliates, NaturalPoint and its affiliates will be entitled to use the Suggestions without restriction. For purposes of this EULA, “Suggestions” means all suggested improvements, enhancement or other feedback concerning the Software that you provide to NaturalPoint or its affiliates.
THIRD PARTY SOFTWARE AND NOTICES
Some components of the Software (whether developed by NaturalPoint, its affiliates or third parties) (the “Third Party Software”) may be governed by separate licenses, as indicated in the license, notice, readme, or other files distributed with the applicable component of the Software. Your license rights with respect to Third Party Software are defined by the applicable Third Party Software license, and nothing in this EULA will restrict limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject under such Third Party Software licenses. You agree to be bound by and subject to the terms and conditions of each applicable Third Party Software license. If you do not agree to be bound by and subject to the terms and conditions of each applicable Third Party Software license, you must terminate this EULA by uninstalling and destroying all copies of the Software that are in your possession or control. If NaturalPoint’s rights from a licensor of Third Party Software are limited, suspended or terminated for any reason, your rights will also be so limited, suspended or terminated.
TERMINATION
NaturalPoint may terminate this EULA upon written notice to you if you fail to comply with any term of this EULA. This EULA (including any rights granted to you in this EULA) will further immediately and automatically terminate without notice from NaturalPoint if you: (a) fail to implement any required security or other updates; or (b) bring any action against us or our affiliates alleging the infringement of your intellectual property rights or other proprietary rights.
Upon termination, you must cease all access to and use of the Software, remove the Software from all computers and servers on which it is installed, and destroy (and certify in writing such destruction) all copies of the Software.
WARRANTY; DISCLAIMERS
No Warranty: Disclaimers. THE SOFTWARE IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THIRD PARTY SOFTWARE IS ALSO PROVIDED TO YOU “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NATURALPOINT AND ITS LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, NATURALPOINT DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE ARE CORRECTABLE OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
High Risk Applications. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS REQUIRING FAULT TOLERANCE OR FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, MEDICAL OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPON SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK APPLICATIONS"). NAUTRALPOINT AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK APPLICATIONS.
LIMITATION OF LIABILITY
Liability Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY RELEASED PARTY BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE RELEASED PARTY KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
Damages Cap. THE AGGREGATE LIABILITY UNDER THIS EULA OF A RELEASED PARTY WILL NOT EXCEED THE LESSER OF $10,000 USD OR THE AMOUNT RECEIVED FROM YOU BY NATURALPOINT FOR THE SOFTWARE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER NATURALPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You will defend, indemnify, and hold harmless NaturalPoint, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to any third party claim concerning: (a) your downloading, installation, use, reproduction or distribution of the Software (including in combination with devices, software, or other items); (b) your unauthorized use of the Software; or (c) your breach of this EULA or violation of Applicable Laws. You will reimburse us for our reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in this paragraph at our then-current hourly rates.
EXPORT, IMPORT AND GOVERNMENT RESTRICTIONS
You acknowledge that the Software is subject to U.S. export jurisdiction. You are solely responsible for complying with all Applicable Laws that apply to the download, installation and use of the Software in your jurisdiction. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, the Software or any computer equipment or device containing the Software to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, U.S. Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority, including all end-user, end-use and destination restrictions issued by U.S. and other governments. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list, and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority. You understand that certain functionality of the Software may be subject to use, import or export restrictions in the event that you transfer the Software from the country of delivery and you are responsible for complying with any such applicable restrictions. The Software is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Software. If you are using the Software on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Software. The terms “commercial item” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
SURVIVAL
The following paragraphs survive termination: “RESERVATION OF RIGHTS”; “SUGGESTIONS”; “WARRANTY; DISCLAIMERS”; “LIMITATIONS OF LIABILITY”; “INDEMNIFICATION”; and “GENERAL.”
AMENDMENT
We may amend this EULA at any time in our sole discretion by posting the revised terms at https://optitrack.com/about/legal/eula.html or within an update or upgrade of the Software. Your continued use of the Software after the effective date of the amended EULA evidences your agreement to be bound by it. If you do not agree to a change, you must stop using the Software and terminate this EULA.
PUBLIC REFERENCE
You consent to the public use of your personal and/or corporate name as a customer of NaturalPoint, unless you notify NaturalPoint in writing that you withhold such consent.
GENERAL
Governing Law; Disputes. This EULA is governed by the laws of the State of Oregon and the United States of America, without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute relating in any way to the Software or this EULA will only be adjudicated in a state or federal court located in Multnomah County, Oregon. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, any party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights.
Force Majeure. NaturalPoint and its affiliates shall not be liable for any delay or failure to perform any obligation under this EULA where the delay or failure results from any cause beyond its reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or other telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Data Privacy. We will only use Account Information in accordance with the NaturalPoint Privacy Notice, located at https://optitrack.com/about/legal/privacy-policy.html (and any successor or related locations designated by us), as may be updated by us from time to time, and you consent to such usage. You further acknowledge and agree that personal information supplied by you, including Account Information, may be transferred to other countries or jurisdictions outside of your country or jurisdiction of residence, and that the protections afforded such information under the laws and regulations of the country or jurisdiction to which the information is transferred may not be comparable to or as protective as the protections afforded such information in your country or jurisdiction of residence. You represent and warrant that your creation, collection, receipt, access, use, storage, disposal, transfer and disclosure of your employees’ personal information does and will comply with all applicable federal, national, state, municipal and local privacy and data protection laws, as well as all other applicable regulations and directives, and that you have obtained all consents required by the foregoing laws. “Account Information” means information about you that you provide to us in connection with this EULA. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your NaturalPoint account.
Notices. We may provide any notice to you under this EULA by sending a message to the email address then associated with your account. Notices we provide by email will be effective when we send the email, whether or not you actually receive the email. It is your responsibility to keep your email address current. To give us notice under this EULA, you must contact NaturalPoint by personal delivery, overnight courier or registered or certified mail to the mailing address listed below. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided registered or certified mail will be effective three (3) business days after they are sent.
NaturalPoint, Inc.
Attn: Legal Department
3658 SW Deschutes St.
Corvallis, OR 97333
Independent Contractors; Non-Exclusive Rights. NaturalPoint and you are independent contractors, and this EULA will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
Language. All communications and notices made or given pursuant to this EULA must be in the English language. If we provide a translation of the English language version of this EULA, the English language version of the EULA will control if there is any conflict.
No Third Party Beneficiaries. Except as set forth in the INDEMNITY paragraph above, this EULA does not create any third party beneficiary rights in any individual or entity that is not a party to this EULA.
Entire Agreement and Severability. Unless you have entered into another written agreement with respect to the Software which has been signed by you and an authorized representative of NaturalPoint and which conflicts with the terms of this EULA, you agree that this EULA supersedes all prior written or oral agreements, warranties or representations with respect to use of the Software. If any term (or part thereof) of this EULA is found to be invalid or unenforceable, the remaining provisions (including other valid parts within the effected term) will remain effective. You acknowledge that you have read this EULA, that you understand it, that you agree to be bound by its terms, and that this is the complete and exclusive statement of the agreement between you and NaturalPoint regarding the Software. Our failure to insist upon or enforce your strict compliance with this EULA will not constitute a waiver of any of our rights.
CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact NaturalPoint for any reason, please visit our website for current contact information at: www.naturalpoint.com
NATURALPOINT, MOTIVE and OPTITRACK are trademarks of NaturalPoint, Inc.