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LICENSE-OCULUS.txt
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THE FOLLOWING APPLIES TO FILES IN THIS DIRECTORY ORIGINATING WITH OCULUS. FILES FROM THE LOVR PROJECT ARE AVAILABLE UNDER DIFFERENT TERMS. THE FILES UNDER "cmakelib" ARE PROVIDED BY LOVR.
Oculus Software Development Kit License Agreement
Copyright (c) Facebook Technologies, LLC and its affiliates. All rights reserved.
The text of this may be found at: https://developer.oculus.com/licenses/sdk-3.5/
In order to obtain and use the Oculus Software Development Kit for mobile or
for PC, You must first agree to the terms of this License. If you agree to the
terms of this License, you may use the Oculus Software Development Kit. If
you do not agree to the terms of this License, then you may not use the
Oculus Software Development Kit.
OCULUS SDK LICENSE
1. Subject to the terms and conditions of this License Agreement (the
"License"), Facebook Technologies, LLC formerly known as Oculus VR, LLC
("Oculus") hereby grants to you a worldwide, non-exclusive, no-charge,
royalty-free, sublicenseable copyright license to use, reproduce and
redistribute (subject to restrictions below) the software contained in this
Oculus Software Development Kit for PC and/or mobile ("Oculus SDK"),
including, but not limited to, the samples, headers, LibOVR and VRLib
headers, LibOVR and VRLib source and, subject to your compliance with
Section 3, the headers, libraries and APIs to enable the Platform Services.
This License is subject to the following terms and conditions:
1.1 This license grants you the non-exclusive license and right to use (i) the
Oculus SDK to make engines, tools, applications, content, games and demos
(collectively and generally referred to as "Developer Content") for use on the
Oculus approved hardware and software products ("Oculus Approved
Products") and which may incorporate the Oculus SDK in whole or in part in
binary or object code; and (ii) the headers, libraries, APIs and other tools
made available by Oculus to enable the use of Platform Services with your
Developer Content.
1.2 For the sake of clarification, when you use the Oculus SDK in or with
Developer Content, you retain all rights to your Developer Content, and you
have no obligations to share or license Developer Content (including your
source and object code) to Oculus or any third parties; provided, however,
Oculus retains all rights to the Oculus SDK and the headers, libraries and
APIs to the Platform Services and other tools made available by Oculus,
including those that may be incorporated into your Developer Content.
1.3 You agree that as a condition of this License you will design and distribute
your Developer Content to ensure that your Developer Content and any
software required to use your Developer Content does not, and you will not,
alter or interfere with the normal operation, behavior or functionality of the
Oculus hardware or software or Oculus Approved Products, including: (i) the
behavior of the "Oculus button" and "XBox button" implemented by the Oculus
system software; (ii) any on-screen messages or information; (iii) the behavior
of the proximity sensor in the Oculus hardware implemented by the Oculus
system software; (iv) Oculus hardware or software security features; (v) end
user's settings; or (vi) the Oculus Flash Screen Warnings. You also agree not
to commit any act intended to interfere with the normal operation of the
Oculus hardware or software or Oculus Approved Products, or provide
software to Oculus users or developers that would induce breach of any
Oculus agreements or that contains malware, viruses, hacks, bots, Trojan
horses, or other malicious code.
1.4 You may not use the Oculus SDK for any purpose not expressly permitted
by this License. You may not (except as and only to the extent any following
restriction is prohibited by applicable law):
(a) decompile;
(b) reverse engineer;
(c) disassemble;
(d) attempt to derive the source code of the Oculus SDK or any part of the
Oculus SDK, or any other software or firmware provided to you by Oculus
REDISTRIBUTION
2. Subject to the terms and conditions of this License, your license to
redistribute and sublicense the Oculus SDK is also expressly made subject to
the following conditions:
2.1 You may sublicense and redistribute the source, binary, or object code of
the Oculus SDK in whole for no charge or as part of a for-charge piece of
Developer Content; provided, however, you may only license, sublicense or
redistribute the source, binary or object code of the Oculus SDK in its entirety.
The Oculus SDK (including, but not limited to LibOVR and VRLib), and any
Developer Content that includes any portion of the Oculus SDK, may only be
used with Oculus Approved Products and may not be used, licensed, or
sublicensed to interface with software or hardware or other commercial
headsets, mobile tablets or phones that are not authorized and approved by
Oculus;
2.2 You must include with all such redistributed or sublicensed Oculus SDK
code the following copyright notice: "Copyright (c) Facebook Technologies,
LLC and its affiliates. All rights reserved."
2.3 You must give any other recipients of the Oculus SDK a copy of this
License as such recipients, licensees or sublicensees may only use the
Oculus SDK subject to the terms of this License and such recipient's,
licensee's or sublicensee's agreement to and acceptance of this License with
Oculus; and
2.4 The Oculus SDK includes a "LICENSE" text file (the "License Notice"),
and any Oculus SDK distribution that you distribute must include a copy of this
License with the License Notice.
OCULUS PLATFORM SERVICES
3. Oculus makes the headers, libraries and APIs, software, and other tools
made available by Oculus to enable Platform Services in connection with your
Developer Content. You agree not to use any API, code or other tools,
instruction or service provided by Oculus to enable or use a Platform Service
other than in compliance with these terms. For more information go
to https://developer.oculus.com.
* "Oculus Platform Framework" means the suite of Oculus platform
services, including but not limited to the Oculus file distribution and
update system (enabling distribution and updates of Developer Content
by Oculus, including through generated activation Keys), entitlement
system, and account authentication, which list may be changed from
time to time in Oculus' sole discretion.
* "Application Services" means services provided by Oculus associated
with the Platform, including but not limited to in-app purchasing,
multiplayer matchmaking, friends, leader boards, achievements, rooms,
voice over IP and cloud saves, which list may be changed from time to
time in Oculus' sole discretion.
* "Platform" means the Oculus virtual reality platform, including but not
limited to the user experience, user interface, store, and social features,
usable on Oculus approved hardware or any third-party device or
operating system, including but not limited to iOS, Android, Windows,
OS X, Linux, and Windows Mobile.
* "Platform Services" means the Oculus Platform Framework and the
Application Services.
3.1 Oculus Platform Services. Oculus makes certain Platform Services
available to you to include and enable in your Developer Content. Developer
Content that enables or includes any Platform Service must implement the
Oculus Platform Framework with that Developer Content. Once your
Developer Content has been authorized for use of the Platform Services, you
are not required to update your Developer Content to include new Platform
Services Oculus may make available as part of the Oculus Platform
Framework.
3.2 Limited Authorization. You hereby grant Oculus the limited authorization
reasonably necessary for Oculus's exercise of its rights and performance of its
obligations under this Section 3. You agree that Oculus may use its
contractors and affiliates for the purposes of exercising its rights and licenses
set forth in this Section 3.
3.3. Internal Use. You agree that Oculus may grant its employees and internal
contractors the right to use, perform and display the Developer Content you
provide to Oculus for testing, evaluation and approval purposes, which shall
be on a royalty-free basis.
3.4 Key Provision and Redemption. If you request that Oculus generate
activation keys for your Developer Content on the Platform ("Keys") and
Oculus agrees, you hereby grant Oculus (i) the right to generate Keys for you
and (ii) a license to make available, reproduce, distribute, perform, and display
the Developer Content to end users who have submitted a Key to Oculus.
Oculus agrees to authenticate and make Developer Content available to any
end user supplying a valid Key (unless the Developer Content has been
removed or withdrawn).
3.5 Platform Services Requirements. You will not make any use of any API,
software, code or other item or information supplied by Oculus in connection
with the Platform Services other than to enhance the functionality of your
Developer Content. In particular, you must not (nor enable others to): (i)
defame, abuse, harass, stalk, or threaten others, or to promote or facilitate
any prohibited or illegal activities; (ii) enable any functionality in your
Developer Content that would generate excessive traffic over the Oculus
network or servers that would negatively impact other users' experience, or
otherwise interfere with or restrict the operation of the Platform Services, or
Oculus's servers or networks providing the Platform Services; or (iii) remove,
obscure, or alter any Oculus license terms, policies or terms of service or any
links to or notices thereto. You may not sublicense any software, firmware or
other item or information supplied by Oculus in connection with the Platform
Service for use by a third party, unless expressly authorized by Oculus to do
so. You agree not to use (or encourage the use of) the Platform Services for
mission critical, life saving or ultra-hazardous activities. Oculus may suspend
operation of or remove any Developer Content that does not comply with the
restrictions in this License.
You will not use the Oculus Avatar associated with the Oculus ID of any end
user in your Developer Content without the express permission of that end
user unless, (i) that end user is actively engaged with your Developer Content
or (ii) that end user remains part of an active session of your Developer
Content with whom other end users are interacting, whether or not that end
user is then online.
GENERAL PROVISIONS
4. Additional Materials
4.1 Oculus may include in this Oculus SDK additional content (e.g., samples)
for demonstration, references or other specific purposes. Such content will be
clearly marked in the Oculus SDK and is subject to any included terms and
conditions.
4.2 Your use of third-party materials included in the Oculus SDK may be
subject to other terms and conditions typically found in separate third-party
license agreements or "READ ME" files included with such third-party
materials. To the extent such other terms and conditions conflict with the
terms and conditions of this License, the former will control with respect to the
applicable third-party materials.
5. THE OCULUS SDK AND ANY COMPONENT THEREOF, THE OCULUS
HEADERS, LIBRARIES AND APIS, AND THE PLATFORM SERVICES
FROM OCULUS AND ITS CONTRIBUTORS ARE PROVIDED "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL OCULUS AS THE COPYRIGHT OWNER OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS OCULUS SDK, THE OCULUS HEADERS,
LIBRARIES AND APIS OR THE PLATFORM SERVICES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.
6. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of Oculus, except as required
for reasonable and customary use in describing the origin of the Oculus SDK,
and reproducing the content of the License Notice file. Oculus reserves all
rights not expressly granted to you under this License. Neither the name of
Facebook Technologies, LLC, Oculus VR, LLC, Oculus, nor the names of
Oculus's contributors, licensors, employees, or contractors, may be used to
endorse or promote products developed using the Oculus SDK without
specific prior written permission of Oculus.
7. You are responsible for ensuring that your use of the Oculus SDK and your
Developer Content, including enabled Platform Services, complies with all
applicable laws (including privacy laws) wherever your Developer Content is
made available. You acknowledge and agree that you are solely responsible
for any health and safety issues arising from your Developer Content. You will
not collect end users' content or information, or otherwise access any Oculus
site, using automated means (such as harvesting bots, robots, spiders, or
scrapers) without Oculus' prior permission.
8. Your acceptance of the terms and conditions of this License in and of itself
and for all Developer Content created as of March 28, 2016, may be
evidenced by any of the following: your usage of the Oculus SDK, or
acceptance of the license agreement. As this License is updated for future
releases of the Oculus SDK, you agree to abide by and meet all requirements
of future updates of this License for those future Oculus SDK releases, with
acceptance evidenced by usage of the Oculus SDK or any element thereof
and the future updates of this License will apply for that future Developer
Content that may be developed for or with that future Oculus SDK or any
element thereof (i.e., you cannot sidestep out of the requirements of future
updates of the License by developing against an older release of the Oculus
SDK or License).
9. Oculus reserves the right to terminate this License and all your rights
hereunder immediately in the event you materially breach this License.
10. Furthermore, Oculus also reserves the right to cancel or terminate this
License for any of the following reasons:
a. Intellectual property infringement by you with Developer Content
created by you that is used with or by the Oculus SDK, or any of the
Platform Services;
b. Developer Content (including enabling Platform Services) that violates
applicable law;
c. Health and safety issues associated with your Developer Content;
d. Failure to comply with or use properly the Oculus Flash Screen
Warnings;
e. Use of the Oculus SDK with a commercial product other than an
Oculus Approved Product;
f. Failure to provide required notices as set forth above; and
g. Failure to observe the restrictions in Section 3.5.
11. You agree to fully indemnify Oculus from any and all losses, costs,
damages and expenses (including reasonable attorney's fees) arising out of
your Developer Content or any matter set forth in Sections 6, 7 and 10(a)
through (g).
12. Oculus may discontinue or change functionality of the Platform Services at
any time, and your continued use of the Platform Services or use of any
modified or additional Platform Services is conditioned upon your adherence
to the terms of this License, as modified by Oculus from time to time.
13. In the event any provision of this License is determined to be invalid,
prohibited or unenforceable by a court or other body of competent jurisdiction,
this License shall be construed as if such invalid, prohibited or unenforceable
provision has been more narrowly drawn so as not to be invalid, prohibited or
unenforceable.
14. You may not assign any rights or obligations under this License without
the advance written consent of Oculus, which may be withheld in its sole
discretion. Oculus may assign its rights or obligations under this License in its
sole discretion.
15. Failure of either party at any time to enforce any of the provisions of this
License will not be construed as a waiver of such provisions or in any way
affect the validity of this License or parts thereof.
16. Your remedies under this License shall be limited to the right to collect
money damages, if any, and you hereby waive your right to injunctive or other
equitable relief.
17. You will comply, and will not cause Oculus to not comply (by for example,
providing Developer Content to Oculus under this Agreement for which
required export clearances have not been obtained), with all applicable export
control laws of the United States and any other applicable governmental
authority, including without limitation, the U.S. Export Administration
Regulations. You agree that this License and the Oculus SDK and
accompanying documentation are Oculus's confidential information (and is not
publicly available), and you will not use it, disclose it or make it available to
others except in accordance with the terms of this License.
18. This License shall be governed by the laws of the State of California,
without giving effect to conflict of laws provisions or principles thereof. The
parties agree that, except as provided below, all disputes relating to this
License shall be resolved by binding non-appearance-based arbitration before
a single neutral arbitrator in San Francisco, California. The arbitration will be
conducted in the English language by a single arbitrator who is an attorney-at-
law with at least fifteen (15) years' experience in consumer and technology
transactions and who is also a member of the JAMS roster of arbitrators. If
You and Oculus cannot agree on a mutually acceptable arbitrator within thirty
(30) days after the arbitration is initiated, then JAMS will pick a neutral
arbitrator who meets such qualifications. The arbitration shall be conducted in
accordance with the rules and procedures of JAMS then in effect, and the
judgment of the arbitrator shall be final and capable of entry in any court of
competent jurisdiction. The parties undertake to keep confidential all awards
in their arbitration, together with all materials in the proceedings created for
the purpose of the arbitration and all other documents produced by another
party in the proceedings not otherwise in the public domain, save and to the
extent that disclosure may be required of a party by legal duty, to protect or
pursue a legal right or to enforce or challenge an award in legal proceedings
before a court or other judicial authority. You and Oculus agree the following
may be submitted to a court of competent jurisdiction located within San
Francisco, California and further agree to submit to the personal jurisdiction of
the courts located within San Francisco, California in connection with (a) any
entrance of an arbitrator's judgment or decision, (b) any dispute with respect
to the arbitration process or procedure, (c) Oculus' exercise of any of its
equitable rights or remedies or (d) any claims regarding the ownership,
validity, enforceability and/or infringement of any intellectual property rights.