Licenses & Agreements

Oculus Avatar Software Development Kit License Agreement

Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.

The text of this may be found at: https://developer.oculus.com/licenses/avatar-sdk-1.0/

1. INTRODUCTION

In order to obtain and use the Oculus Avatar Software Development Kit (“Avatar SDK”), You must first agree to the terms and conditions of this Oculus Avatar Software Development Kit License Agreement (“License”). If You agree to the terms and conditions of this License, You may use the Avatar SDK. If You do not agree to the terms and conditions of this License, then You may not use the Avatar SDK.

This License forms a legally binding contract between You and Facebook Technologies, LLC formerly known as Oculus VR, LLC (“Oculus”) that governs Your use of the Avatar SDK. By clicking accept or using, downloading or copying the Avatar SDK, You understand and hereby agree to be bound by the terms and conditions of this License. You represent and warrant that You are not a person with whom Oculus is prohibited from transacting business under applicable law. If You will use the Avatar SDK on behalf of Your employer or other company, organization, educational institution or any governmental agency, instrumentality or department (“Your Entity”), You represent and warrant that You have full legal authority to bind Your Entity to all of the terms and conditions of this License. If You do not have the requisite authority to so bind Your Entity, You may not accept this License or use the Avatar SDK on behalf of Your Entity.

2. DEFINITIONS

In addition to the terms defined elsewhere in this License, the terms below have the following meanings:

2.1 “Avatar” means the 3-D meshes, textures and metadata associated with a rendering of an end user’s chosen virtual representation, including the physical assets (such as, for example, clothing attire) and characteristics of such virtual representation, as specified by the user for such user’s Oculus or Facebook account or as specified within the context of a specific application.

2.2 “You” or “Your” means the person(s) using the Avatar SDK, any Oculus Avatar (or any portion or component of the Avatar SDK or any Oculus Avatar) or otherwise exercising any licenses or rights under this License. In addition, if any such person is entering into this License on behalf of such person’s employer or other company, organization, educational institution or any agency, instrumentality or department of any government, “You” or “Your” includes such employer or other company, organization, educational institution or such governmental agency, instrumentality or department.

3. LICENSE GRANTS; RESTRICTIONS

3.1 License Grants to You. During the term of this License and subject to the terms and conditions of this License, Oculus hereby grants to You a limited, worldwide, non-exclusive, no-charge, royalty-free, non-sublicenseable (except as expressly set forth in this License), revocable, non-transferable license under Oculus’ copyright rights to:

(a) store, use, and reproduce the compiled binary executable form of the Avatar SDK solely to design, develop, test, and run Your engines, tools, applications, content, games and demos (collectively and generally referred to as “Developer Content”);

(b) (i) use, reproduce, modify, and distribute the sample code provided by Oculus as part of the Avatar SDK (“Sample Code”) to internally design, develop and test Developer Content, and (ii) incorporate such Sample Code and any such modifications, in whole or in part, into Your Developer Content developed through Your use of the Avatar SDK;

(c) use any documentation made available by Oculus to You in connection with the Avatar SDK solely in connection with Your exercise of the licenses and rights granted in this License; and

(d) use and display any Avatar or Avatar asset owned by Oculus and made available by Oculus to You through the Avatar SDK (each, an “Oculus Avatar”) in your Developer Content.

3.2 Sublicensing. You may not grant any sublicenses under any of the licenses granted to You under Section 3.1, except that you may grant to end users of Your Developer Content a non-exclusive runtime sublicense to use the Sample Code and any modifications of any Sample Code incorporated into Your Developer Content pursuant to and in accordance with this License (a) solely in compiled binary executable form and (b) solely as incorporated into Your Developer Content pursuant to and in accordance with this License (“Runtime Sublicense”). You agree to include a Runtime Sublicense with any of Your Developer Content that incorporates any Sample Code (or any modifications of any Sample Code) that You provide, distribute or make available to any end user of such Developer Content. Each Runtime Sublicense You grant to an end user of Your Developer Content must be granted pursuant to a valid and enforceable license agreement that (i) includes an acknowledgement by such end user that the Sample Code (and any modifications of any Sample Code (other than modifications of the Sample Code developed by You during the term of this License in accordance with Section 3.1 (“Developer Modified Sample Code”)) is the proprietary property of Oculus or its licensors or contributors, (ii) ensures that neither Oculus nor any of its licensors or contributors has any obligations to such end user with respect to any Sample Code (or any modifications of any Sample Code) and (iii) imposes obligations on such end user no less restrictive than Your obligations under this License with respect to the use and protection of the Sample Code, Avatar SDK and any Oculus Avatar.

3.3 Proprietary Rights and Other Notices. If You incorporate any of the Sample Code (or any modifications of any Sample Code (other than any Developer Modified Sample Code)) into any of Your Developer Content, You must include in or on all copies of such Developer Content the following copyright notice, and any other notices or license files that appear in or on the Avatar SDK: “Certain portions of the code are owned by Facebook Technologies, LLC. Copyright © Facebook Technologies, LLC. All rights reserved”.

3.4 Restrictions on Developer Content. As a condition of this License, You agree, to the extent applicable, that neither You nor any of Your Developer Content (or any software required to use any of Your Developer Content) alters or interferes, or will alter or interfere, with the normal operation, behavior or functionality of any Oculus hardware or software, including, without limitation: (a) the behavior of the “Oculus button” or “XBox button” implemented by the Oculus system software; (b) any on-screen messages or information; (c) the behavior of the proximity sensor in the Oculus hardware implemented by the Oculus system software; (d) any Oculus hardware or software security features; (e) any end user's settings; or (f) the Oculus help and safety warnings. You also agree not to (i) commit any act, or enable, assist or instruct any third party to commit any act, intended to interfere with the normal operation of any Oculus hardware or software or (ii) provide any software to any Oculus users or developers that would induce breach of any Oculus agreements or that contains any malware, viruses, hacks, bots, Trojan horses or other harmful or malicious code. You also agree that your Developer Content will not violate the Oculus Content Guidelines (available at https://developer.oculus.com/distribute/latest/concepts/publish-content-guidelines/.

3.5 License Restrictions. You may not use the Avatar SDK or any Oculus Avatar for any purpose not expressly permitted by this License. Without in any way limiting the foregoing restriction, You agree not to (or enable any third party to):

(a) modify or create any derivative works of any (i) component of the Avatar SDK (other than any Sample Code, for which you may make modifications solely in accordance with Section 3.1(b)) or (ii) Oculus Avatar or any component thereof;

(b) work around any technical measures in the Avatar SDK, or use the Avatar SDK (alone or in conjunction with any device, program or service) in an attempt to circumvent any technical measures employed by or for Oculus to control access to, or any rights in, any content, file or other work;

(d) decompile, reverse engineer, disassemble, decipher, translate or otherwise attempt to derive or access any source code of the Avatar SDK (other than any Sample Code), or any other software or firmware provided to You by Oculus (except as and only to the extent the foregoing restriction is prohibited by applicable law);

(e) publish, rent, lease, lend, sell, sublicense, distribute, transfer, disclose or otherwise provide the Avatar SDK, any Oculus Avatar or any of Your Developer Content that incorporates any Sample Code (or any modifications of any Sample Code (other than any Developer Modified Sample Code)) or Oculus Avatar, except as expressly permitted in this License;

(f) remove, obscure or alter any proprietary notices on or in the Avatar SDK;

(g) use the Avatar SDK in connection with the development or transmission of any malware, viruses, hacks, bots, Trojan horses or other harmful or malicious code;

(h) use the Avatar SDK or any Oculus Avatar (i) to infringe or violate any rights of Oculus, any of its affiliates or any third party or (ii) in any way that does not comply with all applicable laws (including, without limitation, all applicable export, import, privacy and data security laws);

(i) use the Avatar SDK in any way that interferes with, disrupts, damages or accesses in any manner not expressly authorized by Oculus, or accesses for any purpose not expressly authorized by Oculus, any services, networks, other properties, data or information of Oculus or any of its affiliates or any third party;

(j) use the Avatar SDK or any Oculus Avatar in any manner other than to enhance Your Developer Content or the functionality thereof in accordance with Section 3.1;

(k) develop any application or software that could (i) disable, hack or otherwise interfere with any authentication, content protection, digital signing, digital rights management, security or verification mechanisms or (ii) disable, override or otherwise interfere with any device, system or software, including any device, system or software intended to notify an end user that such end user’s personal information is being collected, transmitted, stored, maintained, processed or used;

(l) use the Avatar SDK or any Oculus Avatar to (i) defame, abuse, harass, stalk, bully or threaten any third party or (ii) promote or facilitate any prohibited or illegal activities;

(n) enable any functionality in Your Developer Content that would generate excessive traffic over any network or servers of Oculus or any of its affiliates that would negatively impact the experience of any user of any product or service of Oculus or any of its affiliates (or of any third party made available through any network or service of Oculus or any of its affiliates), or otherwise interfere with, limit or restrict the operation of any servers or networks of Oculus or any of its affiliates;

(o) use or encourage the use of the Avatar SDK or any Oculus Avatar for any mission critical, life-saving or ultra-hazardous activities; or

(q) use or redistribute the Avatar SDK or any portion or component thereof in any manner that would cause the Avatar SDK or any portion or component thereof to become subject to the terms of any open source license.

4. AVATARS

4.1 Use of Avatars. You agree not to use the Avatar associated with the Oculus ID of any end user in Your Developer Content without the express permission of that end user, unless (a) that end user is actively engaged with Your Developer Content or (b) that end user remains part of an active session of Your Developer Content with whom other end users are interacting, whether or not that end user is then online. You agree not to (i) use, save, store, display, modify or redistribute any (A) Oculus Avatar (except that You may use and display any Oculus Avatar in Your Developer Content pursuant to the license granted to You in Section 3.1(d)) or (B) Avatar or Avatar asset owned by any third party (except to the extent expressly permitted by such third party) or (ii) enable any functionality in Your Developer Content that would permit any end user to use, save, store, display, modify or redistribute any (A) Oculus Avatar (except that You may use and display any Oculus Avatar in Your Developer Content pursuant to the license granted to You in Section 3.1(d)) or (B) Avatar or Avatar asset owned by any other end user or any third party (except to the extent expressly permitted by such third party).

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership.

(a) As between You and Oculus, Oculus retains all rights (including all intellectual property rights), title and interest (subject to the license granted to You in Section 3.1 during the term of this License) in and to (i) the Avatar SDK and any derivatives or modifications of the Avatar SDK, including all source code and object code of any of the foregoing (other than any Developer Modified Sample Code) and (ii) all Oculus Avatars and any derivatives or modifications of any Oculus Avatar ((i) and (ii), collectively, “Oculus IP”). Oculus reserves all rights not expressly granted to You under this License.

(b) As between You and Oculus, You retain all rights, title and interest in and to (i) Your Developer Content and (ii) Developer Modified Sample Code, except that, in each case (i) and (ii), Oculus owns and retains all rights, title and interest in and to all Oculus IP. Your use of the Avatar SDK or any Oculus Avatar does not obligate You to share or license any Developer Content (including Your source code and object code) to Oculus or any third parties.

5.2 Additional Content. Oculus may include additional content (for example, without limitation, samples) in the Avatar SDK for demonstration, references or other purposes. Such content will be clearly marked in the Avatar SDK and is subject to any terms and conditions included with such content.

5.3 Third Party Software or Materials. Your use of any third party software (including any open source software) or materials included in the Avatar SDK may be subject to other terms and conditions typically found in separate third party license agreements or "READ ME" files included with such third party software or materials. To the extent any of such other terms and conditions conflict with any of the terms and conditions of this License, such other terms and conditions applicable to such third party software or materials will control solely with respect to such third party software or materials (but to no other portion or component of the Avatar SDK).

5.4. Publicity; Use of Trademarks. This License does not grant You or any third party permission to use any of the trade names, trademarks, service marks, logos or product names of Oculus, except as required for reasonable and customary use in describing the origin of the Avatar SDK, Oculus Avatars, or reproducing the copyright or other notice required pursuant to Section 3.3. Neither the name of Oculus nor the name of any contributor, licensor, employee or contractor of Oculus may be used to endorse or promote any products developed using the Avatar SDK without specific prior written permission of Oculus.

5.5. Feedback. You may, but are not obligated to, provide Oculus with comments or other feedback, suggestions or recommended improvements regarding the Avatar SDK, any Oculus Avatar or any other Oculus products or services (collectively, “Feedback”). You hereby grant Oculus a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers of sublicenses) license to use, disclose, reproduce, modify, create derivatives of, license, distribute, provide and exploit any Feedback for any purpose whatsoever, without any obligation, limitation or restriction of any kind.

6. WARRANTY DISCLAIMER

6.1. WARRANTY DISCLAIMER. THE AVATAR SDK, ANY PORTION OR COMPONENT OF THE AVATAR SDK, ALL OCULUS AVATARS AND ALL DOCUMENTATION OR OTHER INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY OR FOR OCULUS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, QUIET POSSESSION OR TITLE, (b) ANY WARRANTIES THAT THE AVATAR SDK, ANY PORTION OR COMPONENT OF THE AVATAR SDK, ANY OCULUS AVATAR OR ANY DOCUMENTATION OR OTHER INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY OR FOR OCULUS (i) WILL MEET ANY OF YOUR REQUIREMENTS (INCLUDING, WITHOUT LIMITATION, YOUR REQUIREMENTS RELATING TO ANY DESIGN OR PERFORMANCE) OR (ii) WILL BE UNINTERRUPTED OR ERROR-FREE, (c) ANY WARRANTIES THAT THE AVATAR SDK, ANY PORTION OR COMPONENT OF THE AVATAR SDK, OR ANY OCULUS AVATAR IS FREE OF ANY MALWARE, VIRUSES, HACKS, BOTS, TROJAN HORSES AND OTHER HARMFUL OR MALICIOUS CODE AND (d) ANY WARRANTIES THAT THE AVATAR SDK, ANY PORTION OR COMPONENT OF THE AVATAR SDK OR ANY OCULUS AVATAR IS FUNCTIONAL ON ANY HARDWARE OR IN ANY ENVIRONMENT.

7. LIMITATIONS ON LIABILITY

7.1. LIMITATIONS ON LIABILITY. TO THE FULLEST EXTEST PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL OCULUS OR ANY OF ITS LICENSORS OR CONTRIBUTORS BE LIABLE TO YOU OR ANY END USER OR OTHER THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY OF THE LICENSES OR OTHER RIGHTS GRANTED BY OCULUS UNDER THIS LICENSE) OR ARISING IN ANY WAY OUT OF THE AVATAR SDK OR ANY OCULUS AVATAR OR ANY USE OF THE AVATAR SDK OR ANY OCULUS AVATAR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION: DAMAGE TO BUSINESS REPTUATION; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, PROFITS, BUSINESS OR GOODWILL; LOSS OR CORRUPTION OF DATA; OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (LEGAL, EQUITABLE OR OTHERWISE), WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (WHETHER NEGLIGENCE OR OTHERWISE), WHETHER FORESEEABLE OR NOT AND REGARDLESS OF WHETHER YOU HAVE BEEN OR OCULUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR REMEDIES UNDER THIS LICENSE ARE LIMITED SOLELY TO THE RIGHT TO COLLECT MONEY DAMAGES, IF ANY, AND YOU HEREBY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF. THE CUMULATIVE, AGGREGATE LIABILITY OF OCULUS AND ITS AFFILIATES, LICENSORS AND CONTRIBUTORS UNDER THIS LICENSE WILL BE LIMITED TO ONE HUNDRED US DOLLARS (US $100). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS LICENSE WILL NOT ENLARGE OR EXTEND THE FOREGOING MONETARY CAP ON DAMAGES.

8. OTHER PROVISIONS

8.1. Indemnification. You agree to fully indemnify Oculus and its affiliates, licensors and contributors for any and all losses, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from or relating to (a) Your exercise of any of the licenses or rights granted to You under this License, (b) any Developer Content, (c) any negligence or misconduct by you or any of Your employees, agents, vendors or contractors or (d) Your breach of any provision of this License.

8.2. Term and Termination. The term of this License will commence on the date on which You click accept or use, download or copy the Avatar SDK or any portion or component thereof and will continue until terminated as set forth in this License. This License and all Your rights under this License shall automatically and immediately terminate in the event You breach any provision of this License (including, without limitation, Your failure to provide required notices as set forth in Section 3.3 or Your failure to observe any of the restrictions set forth in Sections 3.2, 3.4 or 3.5) or for any of the following reasons:

(a) Any of the following infringes or violates any intellectual property rights of any third party or violates any applicable law: (i) Your exercise of any of the licenses or rights granted under this License; (ii) any of Your Developer Content developed using or incorporating the Avatar SDK or any portion or component thereof; (iii) any of Your Developer Content using or incorporating any Oculus Avatar or any portion or component thereof; or (iv) any use or exploitation of any such Developer Content;

(b) Any health or safety issues associated with Your Developer Content; or

(c) To the extent applicable, any failure to comply with or properly use the Oculus help and safety warnings.

8.3. Effect of Termination; Survival. If this License is terminated for any reason, (a) all licenses and rights granted under this License (except for the licenses granted by You pursuant to Section 5.5) will immediately terminate and (b) You must immediately cease (i) using the Avatar SDK, all portions and components of the Avatar SDK, all Oculus Avatars and all documentation made available by Oculus to You in connection with the Avatar SDK, (ii) using, distributing, providing, making available and exploiting any Developer Content that incorporates any Sample Code, any modifications of any Sample Code (other than any Developer Modified Sample Code), any other portion or component of the Avatar SDK or any Oculus Avatar. Notwithstanding any termination of this License, the following provisions shall survive indefinitely: Sections 1, 2, 5.1 through and including 5.5, 6, 7, 8.1, 8.3, 8.5, 8.6 and 8.8 through and including 8.15.

8.4. License Suspension. If You file a suit or initiate a proceeding with or before a governmental authority in which you challenge Oculus’ ownership of any intellectual property rights related to the Avatar SDK or any Oculus Avatar or the validity or enforceability of any such intellectual property rights (a “Claim”), the licenses granted to You under this License shall automatically and immediately (upon the filing of such suit or proceeding) be suspended. Such suspension will continue until all such Claims asserted by You are dismissed, withdrawn or are finally settled and no longer pending, as applicable, in which case, such licenses will be automatically reinstated; provided, however, that such reinstatement will not release You from any liabilities, or remedies therefor, that arise during the period of such suspension.

8.5. Compliance with Laws. You are responsible for ensuring that Your use of the Avatar SDK, any Oculus Avatar, and Your Developer Content complies with all applicable laws, rules and regulations (including, without limitation, all privacy, data security and export control laws, rules and regulations) wherever Your Developer Content is made available. You agree to comply, and to not take any action or omit to take any action that causes Oculus to fail to comply with all such applicable laws, rules and regulations (for example, without limitation, You will not provide any Developer Content to Oculus under this License for which required export clearances have not been obtained). You acknowledge and agree that You are solely responsible for any health and safety issues arising from Your Developer Content. You agree not to collect any content or information of any end user, or access any Oculus site, using any automated means (such as, without limitation, harvesting bots, robots, spiders, or scrapers) without Oculus’ prior written permission.

8.6. Confidential Information. You agree that (a) the Avatar SDK and all documentation or other information or materials provided or made available by or for Oculus are Oculus’ confidential information and (b) You will not use, disclose or make available any of such Oculus confidential information to any third party except as expressly permitted under, and in accordance with, the terms and conditions of this License.

8.7. Updates to License. Oculus may revise and update this License at any time by posting the amended terms and conditions of this License (“Updated License Terms”) to: https://developer.oculus.com/licenses/. Your continued use of the Avatar SDK or any portion or component of the Avatar SDK constitutes Your acceptance of the Updated License Terms. If there are Updated License Terms for any future release of the Avatar SDK, You (a) agree to comply with all terms and conditions of such Updated License Terms for such future Avatar SDK release and (b) acknowledge and agree that such Updated License Terms will apply to all Developer Content that may be developed using or incorporating such future Avatar SDK or any portion or component of the Avatar SDK (for example, without limitation, You cannot avoid complying with the terms and conditions of such Updated License Terms by developing any Developer Content using or incorporating any release of the Avatar SDK that precedes such future Avatar SDK or under any version of this License that precedes such Updated License Terms).

8.8. Assignment. You may not assign this License or any licenses or rights granted under this License or delegate any obligations under this License, in each case, without the advance written consent of Oculus, which may be withheld in its sole discretion. Any attempted assignment by You without such advance written consent of Oculus will be null and void. Oculus may assign this License or any licenses or rights granted under this License or delegate any obligations under this License in its sole discretion, in each case, without Your consent or any notice to You.

8.9. Successors and Assigns. This License shall be binding on, inure to the benefit of, and be enforceable by the parties and their respective heirs, successors and permitted assigns.

8.10. Relationship of the Parties. The parties hereto are independent contractors. Neither party has any express or implied right or authority to assume or create any obligations on behalf of the other or to bind such other party to any contract, agreement or undertaking with any third party. Nothing in this License shall be construed to create a partnership, joint venture, employment or agency relationship.

8.11. Severability. In the event that any provision of this License is held to be null, void, invalid or unenforceable by a court, other governmental body or arbitration tribunal, in each case of competent jurisdiction, You and Oculus agree (a) such provision will be modified to the extent necessary to allow it to be valid and enforceable to the extent permitted by applicable law, provided that such modification reflects as nearly as possible the intentions of the parties when entering into this License and (b) the remaining provisions of this License shall remain in full force and effect.

8.12. No Waiver. Failure of either party at any time to exercise or enforce any legal right or remedy under this License will not be construed as a waiver of such provisions or in any way affect the validity of this License or any portion of this License. No waiver of any provision of this License shall be of any force or effect unless set forth in a writing signed by an authorized representative of each party.

8.13. Headings. The section headings contained in this License are for reference purposes only and shall not affect in any way the meaning or interpretation of this License.

8.14. Governing Law; Arbitration; Jurisdiction. This License shall be governed by the laws of the State of California, without giving effect to conflict of laws provisions or principles thereof. The parties agree that, except as provided below, all disputes relating to this License shall be resolved by binding non-appearance-based arbitration before a single neutral arbitrator in San Mateo, California. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If You and Oculus cannot agree on a mutually acceptable arbitrator within thirty (30) days after the arbitration is initiated, then JAMS will pick a neutral arbitrator who meets such qualifications. The arbitration shall be conducted in accordance with the rules and procedures of JAMS then in effect, and the judgment of the arbitrator shall be final and capable of entry in any court of competent jurisdiction. The parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. You and Oculus agree the following may be submitted to a court of competent jurisdiction located within San Mateo, California and further agree to submit to the personal jurisdiction of the courts located within Santa Mateo, California in connection with (a) any entrance of an arbitrator's judgment or decision, (b) any dispute with respect to the arbitration process or procedure, (c) Oculus’ exercise of any of its equitable rights or remedies or (d) any claims regarding the ownership, validity, enforceability and/or infringement of any intellectual property rights.

8.15. Entire Agreement. This License constitutes the entire agreement between You and Oculus regarding Your use of the Avatar SDK and supersedes and replaces any prior or contemporaneous agreements, understandings, negotiations and discussions between You and Oculus regarding Your use of the Avatar SDK.