diff options
author | Brad Davis <[email protected]> | 2014-09-04 15:26:04 -0700 |
---|---|---|
committer | Brad Davis <[email protected]> | 2014-09-04 15:26:04 -0700 |
commit | 911239601768bacf9420ab9cfeffed7e861844ac (patch) | |
tree | d83bfa128b827e034cdc9c923e3a9bd444e9b952 /LICENSE.txt | |
parent | 32dc394487af8e4fb1b43fb852f1d5448eaf7f31 (diff) |
Adding OSX 0.4.2 files0.4.2
Diffstat (limited to 'LICENSE.txt')
-rw-r--r-- | LICENSE.txt | 532 |
1 files changed, 266 insertions, 266 deletions
diff --git a/LICENSE.txt b/LICENSE.txt index b240aa8..8979893 100644 --- a/LICENSE.txt +++ b/LICENSE.txt @@ -1,266 +1,266 @@ -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.
+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. |