LICENSE.txt 16 KB

123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264
  1. Oculus VR, LLC Software Development Kit License Agreement
  2. Copyright © 2014 Oculus VR, LLC All rights reserved.
  3. The text of this may be found at: https://developer.oculus.com/licenses/pc-3.2/
  4. Human-Readable Summary*:
  5. You are Free to:
  6. Use, modify, and distribute the Oculus VR Rift SDK in source and binary
  7. form with your applications/software.
  8. With the Following Restrictions:
  9. You can only distribute or re-distribute the source code to LibOVR in
  10. whole, not in part.
  11. Modifications to the Oculus VR Rift SDK in source or binary form must
  12. be shared with Oculus VR.
  13. If your applications cause health and safety issues, you may lose your
  14. right to use the Oculus VR Rift SDK, including LibOVR.
  15. The Oculus VR Rift SDK may not be used to interface with unapproved commercial
  16. virtual reality mobile or non-mobile products or hardware.
  17. * - This human-readable Summary is not a license. It is simply a convenient
  18. reference for understanding the full Oculus VR Rift SDK License Agreement.
  19. The Summary is written as a user-friendly interface to the full Oculus VR Rift
  20. SDK License below. This Summary itself has no legal value, and its contents do
  21. not appear in the actual license.
  22. Full-length Legal Copy:
  23. 1. Subject to the terms and conditions of this License Agreement (the "License"),
  24. Oculus VR, LLC ("Oculus VR") hereby grants to you a perpetual, worldwide,
  25. non-exclusive, no-charge, royalty-free, sublicenseable copyright license to use,
  26. reproduce, redistribute (subject to restrictions below), modify, and improve the
  27. software contained in this Oculus VR Rift Software Development Kit ("RIFT SDK"),
  28. including, but not limited to, the samples, headers, LibOVR headers, and LibOVR
  29. source. This license is subject to the following terms and conditions:
  30. 1.1. This license includes the non-exclusive license and right to use (i) the RIFT
  31. SDK to make applications, content, games and demos (collectively and generally
  32. referred to as "Developer Content") that run on the Oculus VR approved mobile hardware
  33. and software products ("Oculus Approved Rift Products") and which may incorporate
  34. the RIFT SDK in whole or in part in binary or object code; and (ii) to use the
  35. RIFT SDK to create derivative works of the RIFT SDK itself ("RIFT SDK Derivatives"),
  36. whether in source, binary, or object form, in whole or in part, including third
  37. party software unless otherwise noted.
  38. 1.2. RIFT SDK Derivatives are further defined as source, binary or object code
  39. derived exclusively from the RIFT SDK by you; provided, however, that RIFT SDK
  40. Derivatives do not include the Developer Content (engines, utilities, applications,
  41. content, games or demos) which may be developed using the RIFT SDK. By way of example
  42. a mobile application or game or demo that is developed using the RIFT SDK would not
  43. be a RIFT SDK Derivative , nor would a utility or tool set in a pre-existing game
  44. engine that is adapted to work with the RIFT SDK be a RIFT SDK Derivative.
  45. By way of example, but not limitation, a RIFT SDK Derivative is or would be: either (i)
  46. an adaptation of a utility or piece of code from the RIFT SDK to improve efficiency;
  47. or (ii) an addition of code or improvement to the RIFT SDK that adds functionality.
  48. 1.3 For the sake of clarification when you use the RIFT SDK (including RIFT SDK
  49. Derivatives) in or with Developer Content, you retain all rights to your Developer
  50. Content, and you have no obligations to share or license Developer Content (including
  51. your source and object code) to Oculus VR or any third parties; provided, however,
  52. Oculus VR retains all rights to the RIFT SDK and the RIFT SDK Derivatives that may
  53. be incorporated into your Developer Content.
  54. 1.4 You agree to and you will use the Flash Screen Warning and the Health and
  55. Safety Warnings (collectively the "Oculus Warnings") and the Oculus VR health and
  56. safety protocols found in the Oculus Best Practices Guide ("Oculus H&S Protocols"),
  57. and your use of the Oculus Warnings and the Oculus end user license agreement
  58. ("Oculus EULA") with your Developer Content as provided for in the Oculus Developer
  59. Center, all of which can be found at the following link:
  60. https://developer.oculus.com/documentation/
  61. 2. You, the recipient and user of the RIFT SDK, hereby agree and accept that
  62. Oculus VR shall own all right, title and interest to the intellectual property
  63. rights, including, but not limited to copyright, trademark and patent rights, to any
  64. RIFT SDK Derivatives that you may create, and you hereby assign any and all such
  65. rights to such RIFT SDK Derivatives to Oculus VR, subject to the following.
  66. 2.1 We hereby grant to you the a fully paid up, no-charge, royalty-free,
  67. world-wide, in perpetuity, non-exclusive right and license back to use these RIFT
  68. SDK Derivatives solely in conjunction with the RIFT SDK (or any components of the
  69. RIFT SDK) and/or Developer Content on Oculus Rift Products as set forth herein.
  70. 2.2 Furthermore, for the sake of clarification, Oculus VR and its assignees and
  71. licensees shall be free to use such RIFT SDK Derivatives without any approval
  72. from you and without compensation or attribution to you.
  73. 2.3 You also agree upon Oculus VR's request to provide the source and binary code
  74. of any RIFT SDK Derivatives to Oculus VR. FAILURE TO COMPLY WITH THIS REQUEST
  75. IS THE BASIS FOR AUTOMATIC TERMINATION OF THIS LICENSE BY OCULUS VR.
  76. 3. Subject to the terms and conditions of this License, your license to redistribute
  77. and sublicense the RIFT SDK and RIFT SDK Derivatives is also expressly made
  78. subject to the following conditions:
  79. 3.1. You may sublicense and redistribute the source, binary, or object code of
  80. the RIFT SDK in whole or in part by itself for no charge or as part of a for charge
  81. piece of Developer Content; provided, however, you may only license, sublicense
  82. or redistribute the source, binary or object code of LibOVR in whole, and you may
  83. not license, sublicense or redistribute any portion or element of LibOVR separately
  84. or in part (in either source, binary or object form). If you license, sublicense
  85. or redistribute RIFT SDK Derivatives in and of themselves (not as a part of a
  86. piece of Developer Content) then you may only do that solely with and in conjunction
  87. with either the RIFT SDK or LibOVR. The RIFT SDK (including, but not limited to
  88. LibOVR), any RIFT SDK Derivatives, and any Developer Content may only be used
  89. with Oculus Approved Rift Products and may not be used, licensed, or sublicensed
  90. to interface with mobile software or hardware or other commercial headsets,
  91. mobile tablets or phones that are not authorized and approved by Oculus VR;
  92. 3.2. You must include with all such redistributed or sublicensed RIFT SDK
  93. or RIFT SDK Derivatives code the following copyright notice:
  94. "Copyright © 2014 Oculus VR, LLC. All rights reserved," and include the
  95. list of conditions contained in this Section 3, including the full text of
  96. the disclaimer in Section 3.6 below;
  97. 3.3. Neither the name of Oculus VR, LLC nor the names of Oculus VR, LLC's
  98. contributors, licensors, employees, or contractors, may be used to endorse or promote
  99. products derived from this RIFT SDK without specific prior written permission
  100. of Oculus VR, LLC;
  101. 3.4. You must give any other recipients of the RIFT SDK or any elements thereof,
  102. including LibOVR or RIFT SDK Derivatives, a copy of this License as such recipients,
  103. licensees or sublicensees may only use the RIFT SDK or any RIFT SDK Derivatives
  104. or any elements thereof subject to the terms of this License and such recipients,
  105. licensees or sublicensees agreement and acceptance of this License with Oculus VR
  106. (which will convey all rights to the recipients’ or licensees’ or sublicensees’
  107. RIFT SDK Derivatives to Oculus VR), and you must cause any modified files to
  108. carry prominent notices stating that you changed the files;
  109. 3.5. If the RIFT SDK or a specific element thereof such as LibOVR includes a
  110. "LICENSE" text file as part of its distribution (the "License Notice"), then
  111. any RIFT SDK Derivatives that you distribute with the RIFT SDK in whole or in
  112. part must include a readable copy of such attribution notices as are contained
  113. within the applicable License Notice file (excluding those notices that do not
  114. pertain to any part of the RIFT SDK Derivatives), in at least one of the following
  115. places: within a License Notice text file distributed as part of the RIFT SDK
  116. Derivatives; within the source form or documentation, if provided along with
  117. the RIFT SDK Derivatives; or, within a display generated by the RIFT SDK Derivatives,
  118. if and wherever such third-party notices normally appear. You must also include
  119. in the License Notice file for all RIFT SDK Derivatives a copy of all notices
  120. (including any product liability or health and safety notices). The contents
  121. of the License Notice file are for informational purposes only and do not modify
  122. the License. You may add your own attribution notices within RIFT SDK Derivatives
  123. that you distribute, alongside or as an addendum to the License Notice text from
  124. the RIFT SDK or any part thereof, provided that such additional attribution notices
  125. cannot be construed as modifying the License.
  126. 3.6. THIS RIFT SDK AND ANY COMPONENT THEREOF IS PROVIDED BY OCULUS VR AND
  127. ITS CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
  128. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
  129. FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL OCULUS VR AS THE
  130. COPYRIGHT OWNER OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
  131. INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
  132. LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
  133. OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
  134. LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
  135. NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS RIFT
  136. SDK OR THE RIFT SDK DERIVATIVES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  137. 4. This License does not grant permission to use the trade names, trademarks,
  138. service marks, or product names of Oculus VR, except as required for reasonable
  139. and customary use in describing the origin of the RIFT SDK, LibOVR, or any
  140. element thereof, and reproducing the content of the License Notice file.
  141. Oculus VR reserves all rights not expressly granted to you under this License.
  142. 5. In no event and under no legal theory, whether in tort (including negligence),
  143. contract, or otherwise, unless required by applicable law (such as
  144. deliberate and grossly negligent acts) or agreed to in writing, shall Oculus VR
  145. or any contributor be liable to you or your licensees or sublicensees for
  146. damages, including any direct, indirect, special, incidental, or consequential
  147. damages of any character arising as a result of this License or out of the use
  148. or inability to use the RIFT SDK, LibOVR, any element thereof or any RIFT SDK
  149. Derivatives (including but not limited to damages for loss of goodwill, work
  150. stoppage, computer failure or malfunction, or any and all other commercial
  151. damages or losses), even if you or such contributor has been advised of the
  152. possibility of such damages.
  153. 6. Your acceptance of the terms and conditions of this License in and of
  154. itself and for all Developer Content created as of March 1, 2014, may be
  155. evidenced by any of the following: your usage of the RIFT SDK or any element
  156. thereof, acceptance of the click-through agreement, or opening the packaging
  157. of the CD-ROM containing the RIFT SDK or any element thereof, including LibOVR.
  158. As this License is updated for future releases of the RIFT SDK and/or LibOVR,
  159. you agree to abide by and meet all requirements of future updates of this
  160. License for those future RIFT SDK releases as evidenced by the same usage of
  161. the RIFT SDK or any element thereof and the future updates of this License
  162. will apply for that future Developer Content that may developed for or with
  163. that future RIFT SDK or any element thereof (i.e., you cannot sidestep out
  164. of the requirements of future updates of the License by developing against
  165. an older release of the RIFT SDK or License).
  166. 7. Oculus VR reserves the right to terminate this License and all your
  167. rights hereunder in the event you materially breach this License and fail
  168. to cure such breach within ten (10) business days after notice of breach
  169. from Oculus VR.
  170. 8. Furthermore, Oculus VR also reserves the right to cancel or terminate
  171. this License for any of the following reasons upon notice to you, subject
  172. to the appeal process set forth in Section 14 for a wrongful termination:
  173. a) Intellectual property infringement by you with Developer Content
  174. or RIFT SDK Derivatives created by you that is used with or by the
  175. RIFT SDK or any part thereof, or any of the RIFT SDK Derivatives;
  176. b) Developer Content that violates or infringes upon applicable law;
  177. c) Health and safety issues associated with your Developer Content;
  178. d) Failure to comply with or use properly the Oculus Warnings,
  179. Oculus H&S Protocols, or Oculus EULA;
  180. e) Use of the RIFT SDK, RIFT SDK Derivatives or LibOVR with a
  181. commercial product other than an Oculus Approved Product; and
  182. f) Failure to provide required notices or deliver source code
  183. and/or binary of RIFT SDK Derivatives as set forth above.
  184. If you believe that you have been wrongfully terminated under this Section 8
  185. with respect to material breach or with respect to these above conditions,
  186. you have the right to appeal the termination of this License under Section 14.
  187. 9. This License may be amended by Oculus VR on a prospective basis, and your
  188. usage of the License after such amendments or changes signifies your consent
  189. to and acceptance of any such amendments or changes on a going forward basis.
  190. 10. In the event any provision of this License is determined to be invalid,
  191. prohibited or unenforceable by a court or other body of competent jurisdiction,
  192. this License shall be construed as if such invalid, prohibited or unenforceable
  193. provision has been more narrowly drawn so as not to be invalid, prohibited or
  194. unenforceable.
  195. 11. You may not assign any rights or obligations under this License without
  196. the advance written consent of Oculus VR, which may be withheld in its sole
  197. discretion. Oculus VR may assign its rights or obligations under this License
  198. in its sole discretion.
  199. 12. Failure of either party at any time to enforce any of the provisions of
  200. this License will not be construed as a waiver of such provisions or in any way
  201. affect the validity of this License or parts thereof.
  202. 13. Your remedies under this License shall be limited to the right to collect
  203. money damages, if any, and you hereby waive your right to injunctive or other
  204. equitable relief.
  205. 14. This License shall be governed by the laws of the State of California,
  206. without giving effect to choice of law principles. All disputes relating to
  207. this License shall be resolved by binding non-appearance-based arbitration
  208. before a neutral arbitrator in Orange County, California. If your License
  209. has been terminated hereunder by Oculus, you may appeal your termination
  210. through this arbitration process on an expedited basis with an arbitration
  211. within thirty days of your giving Oculus VR notice of the appeal. The
  212. arbitration shall be conducted in accordance with the rules and procedures
  213. of JAMS then in effect, and the judgment of the arbitrator shall be final
  214. and capable of entry in any court of competent jurisdiction. You agree
  215. to submit to the personal jurisdiction of the courts located within Orange
  216. County, California in connection with any entrance of an arbitrator’s judgment
  217. or decision or any dispute with respect to the arbitration process or procedure
  218. or Oculus VR’s exercise of its equitable rights or remedies.