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			245 lines
		
	
	
		
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								Oculus 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://developer.oculus.com/licenses/sdk-3.5/
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								In order to obtain and use the Oculus Software Development Kit for mobile or for PC, You must first agree to 
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								the terms of this License. If you agree to the terms of this License, you may use the Oculus Software 
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								Development Kit. If you do not agree to the terms of this License, then you may not use the Oculus Software 
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								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"), Facebook Technologies, LLC 
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								formerly known as 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 (subject to restrictions 
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								below) the software contained in this Oculus Software Development Kit for PC and/or mobile ("Oculus SDK"), 
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								including, but not limited to, the samples, headers, LibOVR and VRLib headers, LibOVR and VRLib source and, 
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								subject to your compliance with Section 3, the headers, libraries and APIs to enable the Platform Services. 
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								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 SDK to make engines, 
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								tools, applications, content, games and demos (collectively and generally referred to as "Developer Content") 
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								for use on the Oculus approved hardware and software products ("Oculus Approved Products") and which may 
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								incorporate the Oculus SDK in whole or in part in binary or object code; and (ii) the headers, libraries, APIs 
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								and other tools made available by Oculus to enable the use of Platform Services 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 Content, you retain all 
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								rights to your Developer Content, and you have no obligations to share or license Developer Content (including 
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								your source and object code) to Oculus or any third parties; provided, however, Oculus retains all rights to 
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								the Oculus SDK and the headers, libraries and APIs to the Platform Services and other tools made available by 
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								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 Content to 
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								ensure that your Developer Content and any software required to use your Developer Content does not, and you 
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								will not, alter or interfere with the normal operation, behavior or functionality of the Oculus hardware or 
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								software or Oculus Approved Products, including:(i) the behavior of the "Oculus button" and "XBox button" 
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								implemented by the Oculus system software; (ii) any on-screen messages or information; (iii) the behavior of 
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								the proximity sensor in the Oculus hardware implemented by the Oculus system software; (iv) Oculus hardware or 
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								software security features; (v) end user's settings; or (vi) the Oculus Flash Screen Warnings. You also agree 
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								not to commit any act intended to interfere with the normal operation of the Oculus hardware or software or 
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								Oculus Approved Products, or provide software to Oculus users or developers that would induce breach of any 
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								Oculus agreements or that contains 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 License. You may not 
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								(except as and only to the extent any following restriction is prohibited by applicable law): (a) decompile; 
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								(b) reverse engineer; (c) disassemble; (d) attempt to derive the source code of the Oculus SDK or any part of 
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								the Oculus SDK, or any other software or firmware provided to you by Oculus 
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								REDISTRIBUTION
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								2. Subject to the terms and conditions of this License, your license to redistribute and sublicense the Oculus 
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								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 Oculus SDK in whole for no 
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								charge or as part of a for-charge piece of Developer Content; provided, however, you may only license, 
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								sublicense or redistribute the source, binary or object code of the Oculus SDK in its entirety. The Oculus SDK 
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								(including, but not limited to LibOVR and VRLib), and any Developer Content that includes any portion of the 
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								Oculus SDK, may only be used with Oculus Approved Products and may not be used, licensed, or sublicensed to 
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								interface with software or hardware or other commercial headsets, mobile tablets or phones that are not 
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								authorized and approved by Oculus;
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								2.2 You must include with all such redistributed or sublicensed Oculus SDK code the following copyright 
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								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 recipients, licensees 
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								or sublicensees may only use the Oculus SDK subject to the terms of this License and such recipient's, 
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								licensee's or sublicensee's agreement to and 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 SDK distribution that 
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								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 Oculus to enable 
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								Platform Services in connection with your Developer Content. You agree not to use any API, code or other 
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								tools, instruction or service provided by Oculus to enable or use a Platform Service other than in compliance 
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								with these terms. For more information go to https://developer.oculus.com.
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								<EFBFBD>	"Oculus Platform Framework" means the suite of Oculus platform services, including but not limited to the 
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								Oculus file distribution and update system (enabling distribution and updates of Developer Content by Oculus, 
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								including through generated activation Keys), entitlement system, and account authentication, which list may 
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								be changed from time to time in Oculus' sole discretion.
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								<EFBFBD>	"Application Services" means services provided by Oculus associated with the Platform, including but not 
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								limited to in-app purchasing, multiplayer matchmaking, friends, leader boards, achievements, rooms, voice over 
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								IP and cloud saves, which list may be changed from time to time in Oculus' sole discretion.
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								<EFBFBD>	"Platform" means the Oculus virtual reality platform, including but not limited to the user experience, user 
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								interface, store, and social features, usable on Oculus approved hardware or any third-party device or 
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								operating system, including but not limited to iOS, Android, Windows, 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 enable in 
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								your Developer Content. Developer Content that enables or includes any Platform Service must implement the 
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								Oculus Platform Framework with that Developer Content. Once your Developer Content has been authorized for use 
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								of the Platform Services, you are not required to update your Developer Content to include new Platform 
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								Services Oculus may make available as part of the Oculus Platform Framework.
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								3.2 Limited Authorization. You hereby grant Oculus the limited authorization reasonably necessary for Oculus's 
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								exercise of its rights and performance of its obligations under this Section 3. You agree that Oculus may use 
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								its contractors and affiliates for the purposes of exercising its rights and licenses set forth in this 
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								Section 3.
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								3.3. Internal Use. You agree that Oculus may grant its employees and internal contractors the right to use, 
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								perform and display the Developer Content you provide to Oculus for testing, evaluation and approval purposes, 
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								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 Developer 
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								Content on the Platform ("Keys") and Oculus agrees, you hereby grant Oculus (i) the right to generate Keys for 
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								you and (ii) a license to make available, reproduce, distribute, perform, and display the Developer Content to 
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								end users who have submitted a Key to Oculus. Oculus agrees to authenticate and make Developer Content 
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								available to any end user supplying 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 other item or 
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								information supplied by Oculus in connection with the Platform Services other than to enhance the 
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								functionality of your Developer Content. In particular, you must not (nor enable others to): (i) defame, 
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								abuse, harass, stalk, or threaten others, or to promote or facilitate any prohibited or illegal activities; 
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								(ii) enable any functionality in your Developer Content that would generate excessive traffic over the Oculus 
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								network or servers that would negatively impact other users' experience, or otherwise interfere with or 
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								restrict the operation of the Platform Services, or Oculus's servers or networks providing the Platform 
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								Services; or (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 information 
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								supplied by Oculus in connection with the Platform Service for use by a third party, unless expressly 
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								authorized by Oculus to do so. You agree not to use (or encourage the use of) the Platform Services for 
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								mission critical, life saving or ultra-hazardous activities. Oculus may suspend operation of or remove any 
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								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 Content 
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								without the express permission of that end user unless, (i) that end user is actively engaged with your 
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								Developer Content or (ii) that end user remains part of an active session of your Developer Content with whom 
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								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 or 
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								other specific purposes. Such content will be clearly marked in the Oculus SDK and is subject to any included 
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								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 conditions 
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								typically found in separate third-party license agreements or "READ ME" files included with such third-party 
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								materials. To the extent such other terms and conditions conflict with the terms and conditions of this 
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								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, BUT 
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								NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. 
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								IN NO EVENT SHALL OCULUS AS THE COPYRIGHT OWNER OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, 
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								INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF 
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								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 Facebook Technologies, LLC, Oculus VR, LLC, Oculus, nor the names of 
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								Oculus<EFBFBD>s contributors, licensors, employees, or contractors, may be used to endorse or promote products 
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								developed using the Oculus SDK without specific prior written permission of Oculus.
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								7. You are responsible for ensuring that your use of the Oculus SDK and your Developer Content, including 
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								enabled Platform Services, complies with all applicable laws (including privacy laws) wherever your Developer 
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								Content is made available. You acknowledge and agree that you are solely responsible for any health and safety 
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								issues arising from your Developer Content. You will not collect end users' content or information, or 
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								otherwise access any Oculus site, using automated means (such as harvesting bots, robots, spiders, or 
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								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 
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								created as of March 28, 2016, may be evidenced by any of the following: your usage of the Oculus SDK, or 
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								acceptance of the license agreement. As this License is updated for future releases of the Oculus SDK, you 
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								agree to abide by and meet all requirements of future updates of this License for those future Oculus SDK 
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								releases, with acceptance evidenced by usage of the Oculus SDK or any element thereof and the future updates 
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								of this License will apply for that future Developer Content that may be developed for or with that future 
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								Oculus SDK or any element thereof (i.e., you cannot sidestep out of the requirements of future updates of the 
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								License by developing against an older release of the Oculus 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 
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								you 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 
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								reasons:
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								a.	Intellectual property infringement by you with Developer Content created by you that is used with or by 
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								the Oculus 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 
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								reasonable attorney's fees) arising out of your Developer Content or any matter set forth in Sections 6, 7 and 
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								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 
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								use of the Platform Services or use of any modified or additional Platform Services is conditioned upon your 
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								adherence to the terms 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 
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								court or other body of competent jurisdiction, this License shall be construed as if such invalid, prohibited 
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								or unenforceable 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 
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								Oculus, which may be withheld in its sole discretion. Oculus may assign its rights or obligations under this 
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								License in its 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 
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								as a 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 
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								hereby 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 
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								Oculus under this Agreement for which required export clearances have not been obtained), with all applicable 
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								export control laws of the United States and any other applicable governmental authority, including without 
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								limitation, the U.S. Export Administration Regulations. You agree that this License and the Oculus SDK and 
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								accompanying documentation are Oculus's confidential information (and is not publicly available), and you will 
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								not use it, disclose it or make it 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 conflict 
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								of laws provisions or principles thereof. The parties agree that, except as provided below, all disputes 
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								relating to this License shall be resolved by binding non-appearance-based arbitration before a single neutral 
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								arbitrator in San Francisco, California. The arbitration will be conducted in the English language by a single 
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								arbitrator who is an attorney-at-law with at least fifteen (15) years<72> experience in consumer and technology 
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								transactions and who is also a member of the JAMS roster of arbitrators. If You and Oculus cannot agree on a 
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								mutually acceptable arbitrator within thirty (30) days after the arbitration is initiated, then JAMS will pick 
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								a neutral arbitrator who meets such qualifications. The arbitration shall be conducted in accordance with the 
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								rules and procedures of JAMS then in effect, and the judgment of the arbitrator shall be final and capable of 
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								entry in any court of competent jurisdiction. The parties undertake to keep confidential all awards in their 
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								arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all 
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								other documents produced by another party in the proceedings not otherwise in the public domain, save and to 
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								the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to 
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								enforce or challenge an award in legal proceedings before a court or other judicial authority. You and Oculus 
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								agree the following may be submitted to a court of competent jurisdiction located within San Francisco, 
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								California and further agree to submit to the personal jurisdiction of the courts located within San 
							 | 
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								Francisco, California in connection with (a) any entrance of an arbitrator's judgment or decision, (b) any 
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								dispute with respect to the arbitration process or procedure, (c) Oculus<75> exercise of any of its equitable 
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								rights or remedies or (d) any claims regarding the ownership, validity, enforceability and/or infringement of 
							 | 
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								any intellectual property rights.
							 |