forked from LeenkxTeam/LNXSDK
245 lines
19 KiB
Plaintext
245 lines
19 KiB
Plaintext
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. |