249 lines
18 KiB
Text
249 lines
18 KiB
Text
Oculus VR, LLC Software Development Kit License Agreement
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Copyright (c) Facebook Technologies, LLC and its affiliates. All rights reserved.
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The text of this may be found at: https://developer3.oculus.com/licenses/sdk-3.4.1/
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In order to obtain and use the Oculus Software Development Kit for mobile or for PC,
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You must first agree to the terms of this License. If you agree to the terms of this
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License, you may use the Oculus Software Development Kit. If you do not agree to the
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terms of this License, then you may not use the Oculus Software Development Kit.
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OCULUS SDK LICENSE
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1. Subject to the terms and conditions of this License Agreement (the "License"),
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Oculus VR, LLC ("Oculus") hereby grants to you a worldwide, non-exclusive, no-charge,
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royalty-free, sublicenseable copyright license to use, reproduce and redistribute
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(subject to restrictions below) the software contained in this Oculus Rift Software
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Development Kit for PC and/or Oculus Rift Software Development Kit for mobile (individually
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and collectively, "Oculus SDK"), including, but not limited to, the samples,
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headers, LibOVR and VRLib headers, LibOVR and VRLib source and, subject to your
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compliance with Section 3, the headers, libraries and APIs to enable the Platform
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Services. This License is subject to the following terms and conditions:
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1.1 This license grants you the non-exclusive license and right to use (i) the Oculus
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SDK to make engines, tools, applications, content, games and demos (collectively and
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generally referred to as "Developer Content") for use on the Oculus approved hardware
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and software products ("Oculus Approved Products") and which may incorporate the Oculus
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SDK in whole or in part in binary or object code; and (ii) the headers, libraries,
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APIs and other tools made available by Oculus to enable the use of Platform Services
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with your Developer Content.
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1.2 For the sake of clarification, when you use the Oculus SDK in or with Developer
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Content, you retain all rights to your Developer Content, and you have no obligations
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to share or license Developer Content (including your source and object code) to Oculus
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or any third parties; provided, however, Oculus retains all rights to the Oculus SDK
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and the headers, libraries and APIs to the Platform Services and other tools made available
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by Oculus, including those that may be incorporated into your Developer Content.
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1.3 You agree that as a condition of this License you will design and distribute your Developer
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Content to ensure that your Developer Content and any software required to use your Developer
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Content does not, and you will not, alter or interfere with the normal operation, behavior
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or functionality of the Oculus hardware or software or Oculus Approved Products, including:
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(i) the behavior of the "Oculus button" and "XBox button" implemented by the Oculus system
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software; (ii) any on-screen messages or information; (iii) the behavior of the proximity
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sensor in the Oculus hardware implemented by the Oculus system software; (iv) Oculus
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hardware or software security features; (v) end user's settings; or (vi) the Oculus Flash
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Screen Warnings. You also agree not to commit any act intended to interfere with the normal
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operation of the Oculus hardware or software or Oculus Approved Products, or provide software
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to Oculus users or developers that would induce breach of any Oculus agreements or that contains
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malware, viruses, hacks, bots, Trojan horses, or other malicious code.
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1.4 You may not use the Oculus SDK for any purpose not expressly permitted by this
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License. You may not:
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a. decompile
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b. reverse engineer
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c. disassemble
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d. attempt to derive the source code of the Oculus SDK or any part of the
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Oculus SDK, or any other software or firmware provided to you by Oculus
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(except as and only to the extent any foregoing restriction is prohibited by applicable law).
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REDISTRIBUTION
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2. Subject to the terms and conditions of this License, your license to redistribute and
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sublicense the Oculus SDK is also expressly made subject to the following conditions:
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2.1 You may sublicense and redistribute the source, binary, or object code of the
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Oculus SDK in whole for no charge or as part of a for-charge piece of Developer Content;
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provided, however, you may only license, sublicense or redistribute the source, binary
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or object code of the Oculus SDK in its entirety. The Oculus SDK (including, but not
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limited to LibOVR and VRLib), and any Developer Content that includes any portion of
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the Oculus SDK, may only be used with Oculus Approved Products and may not be used,
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licensed, or sublicensed to interface with software or hardware or other commercial
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headsets, mobile tablets or phones that are not authorized and approved by Oculus;
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2.2 You must include with all such redistributed or sublicensed Oculus SDK code
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the following copyright notice: "Copyright (c) Facebook Technologies, LLC and its affiliates. All rights reserved."
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2.3 You must give any other recipients of the Oculus SDK a copy of this License as such
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recipients, licensees or sublicensees may only use the Oculus SDK subject to the terms
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of this License and such recipient's, licensee's or sublicensee's agreement to and
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acceptance of this License with Oculus; and
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2.4 The Oculus SDK includes a "LICENSE" text file (the "License Notice"), and any Oculus
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SDK distribution that you distribute must include a copy of this License with the License Notice.
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OCULUS PLATFORM SERVICES
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3. Oculus makes the headers, libraries and APIs, software, and other tools made available by
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Oculus to enable Platform Services in connection with your Developer Content. You agree
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not to use any API, code or other tools, instruction or service provided by Oculus to enable
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or use a Platform Service other than in compliance with these terms. For more information go
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to https://developer.oculus.com.
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<EFBFBD> "Oculus Platform Framework" means the suite of Oculus platform services, including but not
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limited to the Oculus file distribution and update system (enabling distribution and updates
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of Developer Content by Oculus, including through generated activation Keys), entitlement
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system, and account authentication, which list may be changed from time to time in Oculus'
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sole discretion.
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<EFBFBD> "Application Services" means services provided by Oculus associated with the Platform,
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including but not limited to in-app purchasing, multiplayer matchmaking, friends, leader boards,
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achievements, rooms, voice over IP and cloud saves, which list may be changed from time to time
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in Oculus' sole discretion.
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<EFBFBD> "Platform" means the Oculus virtual reality platform, including but not limited to the user
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experience, user interface, store, and social features, usable on Oculus approved hardware or
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any third-party device or operating system, including but not limited to iOS, Android, Windows,
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OS X, Linux, and Windows Mobile.
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<EFBFBD> "Platform Services" means the Oculus Platform Framework and the Application Services.
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3.1 Oculus Platform Services. Oculus makes certain Platform Services available to you to include and
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enable in your Developer Content. Developer Content that enables or includes any Platform Service
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must implement the Oculus Platform Framework with that Developer Content. Once your Developer
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Content has been authorized for use of the Platform Services, you are not required to update your
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Developer Content to include new Platform Services Oculus may make available as part of the
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Oculus Platform Framework.
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3.2 Limited Authorization. You hereby grant Oculus the limited authorization reasonably necessary
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for Oculus's exercise of its rights and performance of its obligations under this Section 3.
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You agree that Oculus may use its contractors and affiliates for the purposes of exercising
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its rights and licenses set forth in this Section 3.
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3.3. Internal Use. You agree that Oculus may grant its employees and internal contractors the
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right to use, perform and display the Developer Content you provide to Oculus for testing,
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evaluation and approval purposes, which shall be on a royalty-free basis.
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3.4 Key Provision and Redemption. If you request that Oculus generate activation keys for your
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Developer Content on the Platform ("Keys") and Oculus agrees, you hereby grant Oculus (i) the
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right to generate Keys for you and (ii) a license to make available, reproduce, distribute,
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perform, and display the Developer Content to end users who have submitted a Key to Oculus.
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Oculus agrees to authenticate and make Developer Content available to any end user supplying
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a valid Key (unless the Developer Content has been removed or withdrawn).
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3.5 Platform Services Requirements. You will not make any use of any API, software, code or
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other item or information supplied by Oculus in connection with the Platform Services other
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than to enhance the functionality of your Developer Content. In particular, you must not
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(nor enable others to): (i) defame, abuse, harass, stalk, or threaten others, or to promote or
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facilitate any prohibited or illegal activities; (ii) enable any functionality in your Developer
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Content that would generate excessive traffic over the Oculus network or servers that would
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negatively impact other users' experience, or otherwise interfere with or restrict the operation
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of the Platform Services, or Oculus's servers or networks providing the Platform Services; or
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(iii) remove, obscure, or alter any Oculus license terms, policies or terms of service or any
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links to or notices thereto. You may not sublicense any software, firmware or other item or
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information supplied by Oculus in connection with the Platform Service for use by a third party,
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unless expressly authorized by Oculus to do so. You agree not to use (or encourage the use of) the
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Platform Services for mission critical, life saving or ultra-hazardous activities. Oculus may suspend
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operation of or remove any Developer Content that does not comply with the restrictions in this License.
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You will not use the Oculus Avatar associated with the Oculus ID of any end user in your Developer
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Content without the express permission of that end user unless, (i) that end user is actively engaged
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with your Developer Content or (ii) that end user remains part of an active session of your Developer
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Content with whom other end users are interacting, whether or not that end user is then online.
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GENERAL PROVISIONS
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4. Additional Materials
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4.1 Oculus may include in this Oculus SDK additional content (e.g., samples) for demonstration, references
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or other specific purposes. Such content will be clearly marked in the Oculus SDK and is subject to
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any included terms and conditions.
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4.2 Your use of third-party materials included in the Oculus SDK may be subject to other terms and
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conditions typically found in separate third-party license agreements or "READ ME" files included with
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such third-party materials. To the extent such other terms and conditions conflict with the terms and
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conditions of this License, the former will control with respect to the applicable third-party materials.
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5. THE OCULUS SDK AND ANY COMPONENT THEREOF, THE OCULUS HEADERS, LIBRARIES AND APIS, AND THE PLATFORM SERVICES
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FROM OCULUS AND ITS CONTRIBUTORS ARE PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
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BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
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DISCLAIMED. IN NO EVENT SHALL OCULUS AS THE COPYRIGHT OWNER OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
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OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OF THIS OCULUS SDK, THE OCULUS HEADERS, LIBRARIES AND APIS OR THE PLATFORM
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SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR
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LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.
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6. This License does not grant permission to use the trade names, trademarks, service marks, or product names
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of Oculus, except as required for reasonable and customary use in describing the origin of the Oculus SDK, and
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reproducing the content of the License Notice file. Oculus reserves all rights not expressly granted to you
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under this License. Neither the name of Oculus VR, LLC nor the names of Oculus VR, LLC's contributors, licensors,
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employees, or contractors, may be used to endorse or promote products developed using the Oculus SDK without
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specific prior written permission of Oculus VR, LLC.
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7. You are responsible for ensuring that your use of the Oculus SDK and your Developer Content, including enabled
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Platform Services, complies with all applicable laws (including privacy laws) wherever your Developer Content is
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made available. You acknowledge and agree that you are solely responsible for any health and safety issues arising
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from your Developer Content. You will not collect end users' content or information, or otherwise access any Oculus
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site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Oculus' prior permission.
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8. Your acceptance of the terms and conditions of this License in and of itself and for all Developer Content created
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as of March 28, 2016, may be evidenced by any of the following: your usage of the Oculus SDK, or acceptance of the
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license agreement. As this License is updated for future releases of the Oculus SDK, you agree to abide by and meet
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all requirements of future updates of this License for those future Oculus SDK releases, with acceptance evidenced
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by usage of the Oculus SDK or any element thereof and the future updates of this License will apply for that future
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Developer Content that may be developed for or with that future Oculus SDK or any element thereof (i.e., you cannot
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sidestep out of the requirements of future updates of the License by developing against an older release of the Oculus
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SDK or License).
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9. Oculus reserves the right to terminate this License and all your rights hereunder immediately in the event you
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materially breach this License.
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10. Furthermore, Oculus also reserves the right to cancel or terminate this License for any of the following reasons:
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a. Intellectual property infringement by you with Developer Content created by you that is used with or by the Oculus
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SDK, or any of the Platform Services;
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b. Developer Content (including enabling Platform Services) that violates applicable law;
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c. Health and safety issues associated with your Developer Content;
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d. Failure to comply with or use properly the Oculus Flash Screen Warnings;
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e. Use of the Oculus SDK with a commercial product other than an Oculus Approved Product;
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f. Failure to provide required notices as set forth above; and
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g. Failure to observe the restrictions in Section 3.5.
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11. You agree to fully indemnify Oculus from any and all losses, costs, damages and expenses (including reasonable
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attorney's fees) arising out of your Developer Content or any matter set forth in Sections 6, 7 and 10(a) through (g).
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12. Oculus may discontinue or change functionality of the Platform Services at any time, and your continued use of the
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Platform Services or use of any modified or additional Platform Services is conditioned upon your adherence to the terms
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of this License, as modified by Oculus from time to time.
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13. In the event any provision of this License is determined to be invalid, prohibited or unenforceable by a court or
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other body of competent jurisdiction, this License shall be construed as if such invalid, prohibited or unenforceable
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provision has been more narrowly drawn so as not to be invalid, prohibited or unenforceable.
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14. You may not assign any rights or obligations under this License without the advance written consent of Oculus,
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which may be withheld in its sole discretion. Oculus may assign its rights or obligations under this License in its
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sole discretion.
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15. Failure of either party at any time to enforce any of the provisions of this License will not be construed as a
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waiver of such provisions or in any way affect the validity of this License or parts thereof.
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16. Your remedies under this License shall be limited to the right to collect money damages, if any, and you hereby
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waive your right to injunctive or other equitable relief.
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17. You will comply, and will not cause Oculus to not comply (by for example, providing Developer Content to Oculus
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under this Agreement for which required export clearances have not been obtained), with all applicable export control
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laws of the United States and any other applicable governmental authority, including without limitation, the U.S.
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Export Administration Regulations. You agree that this License and the Oculus SDK and accompanying documentation are
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Oculus's confidential information (and is not publicly available), and you will not use it, disclose it or make it
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available to others except in accordance with the terms of this License.
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18. This License shall be governed by the laws of the State of California, without giving effect to choice of law principles.
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All disputes relating to this License shall be resolved by binding non-appearance-based arbitration before a neutral
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arbitrator in Santa Clara, California. The arbitration shall be conducted in accordance with the rules and procedures
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of JAMS then in effect, and the judgment of the arbitrator shall be final and capable of entry in any court of competent
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jurisdiction. You and Oculus agree to submit to the personal jurisdiction of the courts located within Santa Clara,
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California in connection with any entrance of an arbitrator's judgment or decision or any dispute with respect to the
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arbitration process or procedure or Oculus's exercise of its equitable rights or remedies.
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