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