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authorBrad Davis <[email protected]>2014-07-24 16:47:31 -0700
committerBrad Davis <[email protected]>2014-07-24 16:47:31 -0700
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+Oculus VR Rift SDK Software License
+
+Oculus VR, LLC Software Development Kit License Agreement
+
+Copyright © 2014 Oculus VR, LLC. All rights reserved.
+
+The text of this may be found at: http://www.oculusvr.com/licenses/LICENSE-3.2
+
+Human-Readable Summary*:
+
+You are Free to:
+
+Use, modify, and distribute the Oculus VR Rift SDK in source and binary
+form with your applications/software.
+
+With the Following Restrictions:
+
+You can only distribute or re-distribute the source code to LibOVR in
+whole, not in part.
+
+Modifications to the Oculus VR Rift SDK in source or binary form must
+be shared with Oculus VR.
+
+If your applications cause health and safety issues, you may lose your
+right to use the Oculus VR Rift SDK, including LibOVR.
+
+The Oculus VR Rift SDK may not be used to interface with unapproved commercial
+virtual reality mobile or non-mobile products or hardware.
+
+* - This human-readable Summary is not a license. It is simply a convenient
+reference for understanding the full Oculus VR Rift SDK License Agreement.
+The Summary is written as a user-friendly interface to the full Oculus VR Rift
+SDK License below. This Summary itself has no legal value, and its contents do
+not appear in the actual license.
+
+Full-length Legal Copy:
+
+1. Subject to the terms and conditions of this License Agreement (the "License"),
+Oculus VR, LLC ("Oculus VR") hereby grants to you a perpetual, worldwide,
+non-exclusive, no-charge, royalty-free, sublicenseable copyright license to use,
+reproduce, redistribute (subject to restrictions below), modify, and improve the
+software contained in this Oculus VR Rift Software Development Kit ("RIFT SDK"),
+including, but not limited to, the samples, headers, LibOVR headers, and LibOVR
+source. This license is subject to the following terms and conditions:
+
+1.1. This license includes the non-exclusive license and right to use (i) the RIFT
+SDK to make applications, content, games and demos (collectively and generally
+referred to as "Developer Content") that run on the Oculus VR approved mobile hardware
+and software products ("Oculus Approved Rift Products") and which may incorporate
+the RIFT SDK in whole or in part in binary or object code; and (ii) to use the
+RIFT SDK to create derivative works of the RIFT SDK itself ("RIFT SDK Derivatives"),
+whether in source, binary, or object form, in whole or in part, including third
+party software unless otherwise noted.
+
+1.2. RIFT SDK Derivatives are further defined as source, binary or object code
+derived exclusively from the RIFT SDK by you; provided, however, that RIFT SDK
+Derivatives do not include the Developer Content (engines, utilities, applications,
+content, games or demos) which may be developed using the RIFT SDK. By way of example
+a mobile application or game or demo that is developed using the RIFT SDK would not
+be a RIFT SDK Derivative , nor would a utility or tool set in a pre-existing game
+engine that is adapted to work with the RIFT SDK be a RIFT SDK Derivative.
+By way of example, but not limitation, a RIFT SDK Derivative is or would be: either (i)
+an adaptation of a utility or piece of code from the RIFT SDK to improve efficiency;
+or (ii) an addition of code or improvement to the RIFT SDK that adds functionality.
+
+1.3 For the sake of clarification when you use the RIFT SDK (including RIFT SDK
+Derivatives) 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 VR or any third parties; provided, however,
+Oculus VR retains all rights to the RIFT SDK and the RIFT SDK Derivatives that may
+be incorporated into your Developer Content.
+
+1.4 You agree to and you will use the Flash Screen Warning and the Health and
+Safety Warnings (collectively the "Oculus Warnings") and the Oculus VR health and
+safety protocols found in the Oculus Best Practices Guide ("Oculus H&S Protocols"),
+and your use of the Oculus Warnings and the Oculus end user license agreement
+("Oculus EULA") with your Developer Content as provided for in the Oculus Developer
+Center, all of which can be found at the following link:
+https://developer.oculusvr.com/?action=doc.
+
+2. You, the recipient and user of the RIFT SDK, hereby agree and accept that that
+Oculus VR shall own all right, title and interest to the intellectual property
+rights, including, but limited to copyright, trademark and patent rights, to any
+RIFT SDK Derivatives that you may create, and you hereby assign any and all such
+rights to such RIFT SDK Derivatives to Oculus VR, subject to the following.
+
+2.1 We hereby grant to you the a fully paid up, no-charge, royalty-free,
+world-wide, in perpetuity, non-exclusive right and license back to use these RIFT
+SDK Derivatives solely in conjunction with the RIFT SDK (or any components of the
+RIFT SDK) and/or Developer Content on Oculus Rift Products as set forth herein.
+
+2.2 Furthermore, for the sake of clarification, Oculus VR and its assignees and
+licensees shall be free to use such RIFT SDK Derivatives without any approval
+from you and without compensation or attribution to you.
+
+2.3 You also agree upon Oculus VR's request to provide the source and binary code
+of any RIFT SDK Derivatives to Oculus VR. FAILURE TO COMPLY WITH THIS REQUEST
+IS THE BASIS FOR AUTOMATIC TERMINATION OF THIS LICENSE BY OCULUS VR.
+
+3. Subject to the terms and conditions of this License, your license to redistribute
+and sublicense the RIFT SDK and RIFT SDK Derivatives is also expressly made
+subject to the following conditions:
+
+3.1. You may sublicense and redistribute the source, binary, or object code of
+the RIFT SDK in whole or in part by itself 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 LibOVR in whole, and you may
+not license, sublicense or redistribute any portion or element of LibOVR separately
+or in part (in either source, binary or object form). If you license, sublicense
+or redistribute RIFT SDK Derivatives in and of themselves (not as a part of a
+piece of Developer Content) then you may only do that solely with and in conjunction
+with either the RIFT SDK or LibOVR. The RIFT SDK (including, but not limited to
+LibOVR), any RIFT SDK Derivatives, and any Developer Content may only be used
+with Oculus Approved Rift Products and may not be used, licensed, or sublicensed
+to interface with mobile software or hardware or other commercial headsets,
+mobile tablets or phones that are not authorized and approved by Oculus VR;
+
+3.2. You must include with all such redistributed or sublicensed RIFT SDK
+or RIFT SDK Derivatives code the following copyright notice:
+"Copyright © 2014 Oculus VR, LLC. All rights reserved," and include the
+list of conditions contained in this Section 3, including the full text of
+the disclaimer in Section 3.6 below;
+
+3.3. Neither the name of Oculus VR, LLC nor the names of Oculus VR, LLC's
+contributors, licensors, employees, or contractors, may be used to endorse or promote
+products derived from this RIFT SDK without specific prior written permission
+of Oculus VR, LLC;
+
+3.4. You must give any other recipients of the RIFT SDK or any elements thereof,
+including LibOVR or RIFT SDK Derivatives, a copy of this License as such recipients,
+licensees or sublicensees may only use the RIFT SDK or any RIFT SDK Derivatives
+or any elements thereof subject to the terms of this Licence and such recipients,
+licensees or sublicensees agreement and acceptance of this License with Oculus VR
+(which will convey all rights to the recipients’ or licensees’ or sublicensees’
+RIFT SDK Derivatives to Oculus VR), and you must cause any modified files to
+carry prominent notices stating that you changed the files;
+
+3.5. If the RIFT SDK or a specific element thereof such as LibOVR includes a
+"LICENSE" text file as part of its distribution (the "License Notice"), then
+any RIFT SDK Derivatives that you distribute with the RIFT SDK in whole or in
+part must include a readable copy of such attribution notices as are contained
+within the applicable License Notice file (excluding those notices that do not
+pertain to any part of the RIFT SDK Derivatives), in at least one of the following
+places: within a License Notice text file distributed as part of the RIFT SDK
+Derivatives; within the source form or documentation, if provided along with
+the RIFT SDK Derivatives; or, within a display generated by the RIFT SDK Derivatives,
+if and wherever such third-party notices normally appear. You must also include
+in the License Notice file for all RIFT SDK Derivatives a copy of all notices
+(including any product liability or health and safety notices). The contents
+of the License Notice file are for informational purposes only and do not modify
+the License. You may add your own attribution notices within RIFT SDK Derivatives
+that you distribute, alongside or as an addendum to the License Notice text from
+the RIFT SDK or any part thereof, provided that such additional attribution notices
+cannot be construed as modifying the License.
+
+3.6. THIS RIFT SDK AND ANY COMPONENT THEREOF IS PROVIDED BY OCULUS VR AND
+ITS CONTRIBUTORS "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 VR 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 RIFT
+SDK OR THE RIFT SDK DERIVATIVES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
+
+4. This License does not grant permission to use the trade names, trademarks,
+service marks, or product names of Oculus VR, except as required for reasonable
+and customary use in describing the origin of the RIFT SDK, LibOVR, or any
+element thereof, and reproducing the content of the License Notice file.
+Oculus VR reserves all rights not expressly granted to you under this License.
+
+5. In no event and under no legal theory, whether in tort (including negligence),
+contract, or otherwise, unless required by applicable law (such as
+deliberate and grossly negligent acts) or agreed to in writing, shall Oculus VR
+or any contributor be liable to you or your licensees or sublicensees for
+damages, including any direct, indirect, special, incidental, or consequential
+damages of any character arising as a result of this License or out of the use
+or inability to use the RIFT SDK, LibOVR, any element thereof or any RIFT SDK
+Derivatives (including but not limited to damages for loss of goodwill, work
+stoppage, computer failure or malfunction, or any and all other commercial
+damages or losses), even if you or such contributor has been advised of the
+possibility of such damages.
+
+6. Your acceptance of the terms and conditions of this License in and of
+itself and for all Developer Content created as of March 1, 2014, may be
+evidenced by any of the following: your usage of the RIFT SDK or any element
+thereof, acceptance of the click-through agreement, or opening the packaging
+of the CD-ROM containing the RIFT SDK or any element thereof, including LibOVR.
+As this License is updated for future releases of the RIFT SDK and/or LibOVR,
+you agree to abide by and meet all requirements of future updates of this
+License for those future RIFT SDK releases as evidenced by the same usage of
+the RIFT SDK or any element thereof and the future updates of this License
+will apply for that future Developer Content that may developed for or with
+that future RIFT 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 RIFT SDK or License).
+
+7. Oculus VR reserves the right to terminate this License and all your
+rights hereunder in the event you materially breach this License and fail
+to cure such breach within ten (10) business days after notice of breach
+from Oculus VR.
+
+8. Furthermore, Oculus VR also reserves the right to cancel or terminate
+this License for any of the following reasons upon notice to you, subject
+to the appeal process set forth in Section 14 for a wrongful termination:
+
+ a) Intellectual property infringement by you with Developer Content
+ or RIFT SDK Derivatives created by you that is used with or by the
+ RIFT SDK or any part thereof, or any of the RIFT SDK Derivatives;
+
+ b) Developer Content that violates or infringes upon applicable law;
+
+ c) Health and safety issues associated with your Developer Content;
+
+ d) Failure to comply with or use properly the Oculus Warnings,
+ Oculus H&S Protocols, or Oculus EULA;
+
+ e) Use of the RIFT SDK, RIFT SDK Derivatives or LibOVR with a
+ commercial product other than an Oculus Approved Product; and
+
+ f) Failure to provide required notices or deliver source code
+ and/or binary of RIFT SDK Derivatives as set forth above.
+
+If you believe that you have been wrongfully terminated under this Section 8
+with respect to material breach or with respect to these above conditions,
+you have the right to appeal the termination of this License under Section 14.
+
+9. This License may be amended by Oculus VR on a prospective basis, and your
+usage of the License after such amendments or changes signifies your consent
+to and acceptance of any such amendments or changes on a going forward basis.
+
+10. 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.
+
+11. You may not assign any rights or obligations under this License without
+the advance written consent of Oculus VR, which may be withheld in its sole
+discretion. Oculus VR may assign its rights or obligations under this License
+in its sole discretion.
+
+12. 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.
+
+13. 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.
+
+14. This License shall be governed by the laws of the State of California,
+without giving effect to choice of law principles. All disputes relating to
+this License shall be resolved by binding non-appearance-based arbitration
+before a neutral arbitrator in Orange County, California. If your License
+has been terminated hereunder by Oculus, you may appeal your termination
+through this arbitration process on an expedited basis with an arbitration
+within thirty days of your giving Oculus VR notice of the appeal. 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. You agree
+to submit to the personal jurisdiction of the courts located within Orange
+County, California in connection with any entrance of an arbitrator’s judgment
+or decision or any dispute with respect to the arbitration process or procedure
+or Oculus VR’s exercise of its equitable rights or remedies.