Licenses & Agreements

Prototype OpenXR Software Development Kit for Mobile 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/openxr-mobile-1.0/

In order to obtain and use the Prototype OpenXR Software Development Kit for mobile (“Prototype OpenXR Mobile SDK”), you must first agree to the terms of this Agreement. If you agree to the terms of this Agreement (including the License), you may use the Prototype OpenXR Mobile SDK. If you do not agree to the terms of this Agreement (including the License), then you may not use the Prototype OpenXR Mobile SDK.

PROTOTYPE OPENXR MOBILE SDK LICENSE

1. Subject to the terms and conditions of this License Agreement (the “Agreement”), Facebook Technologies, LLC (formerly known as Oculus VR, LLC) (“Oculus”) hereby grants to you a worldwide, non-exclusive, no-charge, royalty-free, sublicensable copyright license to use, reproduce, and redistribute (subject to restrictions below) the software contained in this Prototype OpenXR Mobile SDK, including, but not limited to, the headers and loader library (the “License”). The License is subject to the following terms and conditions:

1.1. The License grants you the non-exclusive license and right to use the Prototype OpenXR Mobile SDK to make engines, tools, applications, content, games, and demos (collectively and generally referred to as “Developer Content”) only for use on hardware and software products approved by Oculus (“Oculus Approved Products”), which Developer Content may incorporate the Prototype OpenXR Mobile SDK in whole or in part only in binary or object code form.

1.2. You agree that Oculus and its affiliates (including Facebook, Inc. and Facebook, Inc.’s other subsidiaries) (Facebook, Inc. and its subsidiaries, together, “Facebook”) may grant its employees, contractors and other service providers the right to use, perform, and display the Developer Content you provide to Facebook for testing, evaluation and approval purposes, which shall be on a royalty-free basis.

1.3. You agree that as a condition of the License you will design and distribute your Developer Content to ensure that your Developer Content and any software required to use your Developer Content does not, and you will not, alter or interfere with the normal operation, behavior or functionality of any Oculus or other Facebook hardware or software or Oculus Approved Products, including: (i) the behavior of the “Oculus button” and “XBox button” implemented by the Oculus system software; (ii) any on-screen messages or information; (iii) the behavior of the proximity sensor in the Oculus hardware implemented by the Oculus system software; (iv) Oculus hardware or software security features; (v) end user settings; or (vi) the Oculus Flash Screen Warnings. You also agree not to commit any act intended to interfere with the normal operation of any Oculus or other Facebook hardware or software or Oculus Approved Products, or provide software to users or developers that would induce breach of any agreements or that contains malware, viruses, hacks, bots, Trojan horses, or other malicious code.

1.4. You may not use the Prototype OpenXR Mobile SDK for any purpose not expressly permitted by this Agreement. You may not:

a. decompile;

b. reverse engineer;

c. disassemble; or

d. attempt to derive any source code from the object code form of any part of the Prototype OpenXR Mobile SDK, or any other software or firmware provided to you by Oculus (except as and only to the extent any of the foregoing restrictions is prohibited by applicable law).

1.5. For clarity, when you use the Prototype OpenXR Mobile SDK in or with Developer Content, you retain all rights to your Developer Content, and you have no obligations to share or license Developer Content (including your source and object code) to Oculus or any third parties; provided, however, Oculus retains all rights to the Prototype OpenXR Mobile SDK and other tools made available by Oculus, including those that may be incorporated into your Developer Content.

1.6. Oculus may suspend operation of or remove any Developer Content that does not comply with the terms and conditions of this Agreement (including the License).

REDISTRIBUTION

2. Subject to the terms and conditions of this Agreement, your license to redistribute and sublicense the Prototype OpenXR Mobile SDK is also expressly made subject to the following conditions:

2.1. You may sublicense and redistribute the source, binary, or object code of the Prototype OpenXR Mobile SDK in whole or in part by itself for no charge. The Prototype OpenXR Mobile SDK and any Developer Content that includes any portion of the Prototype OpenXR Mobile SDK may only be used with Oculus Approved Products and may not be used, licensed, or sublicensed to interface with software or hardware or other commercial headsets, tablets or phones that are not authorized and approved by Oculus.

2.2. You must include with all redistributed or sublicensed Prototype OpenXR Mobile SDK code the following copyright notice: “Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved” and include the list of conditions contained in this Section 2, including the full text of the disclaimer in Section 4 below.

2.3. You must give any other recipients of the Prototype OpenXR Mobile SDK, or any elements thereof, a copy of this Agreement; and such recipients, licensees or sublicensees may only use the Prototype OpenXR Mobile SDK or any elements thereof subject to the terms of this Agreement and such recipient's, licensee's or sublicensee's agreement to, and acceptance of, this Agreement with Oculus.

2.4. If the Prototype OpenXR Mobile SDK or a specific element thereof includes a “LICENSE” text file as part of its distribution (the “License Notice”), then any form of the Prototype OpenXR Mobile SDK distribution that you distribute in whole or in part must include a readable copy of any attribution notices contained within the applicable License Notice file (excluding those notices that do not pertain to such distribution), in at least one of the following places: within a License Notice text file as part of the Prototype OpenXR Mobile SDK distribution; within the source form or documentation, if provided along with any Prototype OpenXR Mobile SDK distribution; or within a display generated by any Prototype OpenXR Mobile SDK distribution, if and wherever third-party notices normally appear. You must also include in the License Notice file for all Prototype OpenXR Mobile SDK distributions a copy of all notices (including any product liability or health and safety notices). The contents of the License Notice file are for informational purposes only and do not modify this Agreement. You may add your own attribution notices within the Prototype OpenXR Mobile SDK distributions that you distribute, alongside or as an addendum to the License Notice text from the Prototype OpenXR Mobile SDK or any part thereof, provided that such additional attribution notices cannot be construed as modifying this Agreement.

GENERAL PROVISIONS

3. Additional Materials

3.1. Oculus may (but will not necessarily) include in the Prototype OpenXR Mobile SDK additional content for demonstration, reference or other specific purposes. Such content may be clearly marked in the Prototype OpenXR Mobile SDK and is subject to any included terms and conditions associated with such content.

3.2. The Prototype OpenXR Mobile SDK includes materials of third parties. Your use of third-party materials included in the Prototype OpenXR Mobile SDK may be subject to other terms and conditions, which applicable terms and conditions may be found in the “DOWNLOAD” files, “NOTICE” files, or "README" files included with such third-party materials. To the extent such other terms and conditions conflict with the terms and conditions of this Agreement, the former will control with respect to the applicable third-party materials.

4. THIS PROTOTYPE OPENXR MOBILE SDK AND ANY COMPONENT THEREOF PROVIDED BY OCULUS AND ITS OTHER CONTRIBUTORS ARE PROVIDED “AS IS.” ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED. IN NO EVENT SHALL OCULUS OR ANY OF THE OTHER CONTRIBUTORS TO THE PROTOTYPE OPENXR MOBILE SDK (INCLUDING ANY COMPONENT THEREOF) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY OUT OF THE USE OF THIS PROTOTYPE OPENXR MOBILE SDK OR ANY COMPONENT THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.

5. This Agreement (including the License) does not grant permission to use, and you will not use, the trade names, trademarks, service marks, or product names of Oculus or any other Facebook entity, except as required for reasonable and customary use in describing the origin of the Prototype OpenXR Mobile SDK, or any element thereof, and reproducing the content of the License Notice file. Oculus reserves all rights not expressly granted to you under this Agreement. Neither the name of Oculus or any other Facebook entity, nor the names of contributors, licensors, employees, or contractors of Oculus or any other Facebook entity, may be used to endorse or promote products developed using the Prototype OpenXR Mobile SDK without specific prior written permission of Oculus. Without limiting the generality of this Section 5, you will not advertise, market, or promote the Developer Content as designed for, or compatible with, Oculus products or services, except as otherwise expressly authorized in writing by Oculus.

6. The “OpenXR” marks are logos and trademarks owned and controlled by Khronos Group, Inc. (the “Khronos Marks”). In using the Khronos Marks, you will comply with the applicable usage guidelines associated with the Khronos Marks set out at https://www.khronos.org/legal/trademarks/, as may be updated from time to time by Khronos Group, Inc. You are solely responsible, and in no event will Oculus be responsible or liable, for your usage of the Khronos Marks, including, without limitation, in connection with the Prototype OpenXR Mobile SDK.

7. You are responsible for ensuring that your use of the Prototype OpenXR Mobile SDK and your Developer Content complies with all applicable laws (including privacy laws). You acknowledge and agree that you are solely responsible for any health and safety issues arising from your Developer Content.

8. Your acceptance of the terms and conditions of this Agreement (including the License) in and of itself and for all Developer Content created as of April 1, 2020, may be evidenced by any of the following: your usage of the Prototype OpenXR Mobile SDK or any element thereof, or acceptance of the Agreement. As this Agreement (including the License) is updated for future releases of the Prototype OpenXR Mobile SDK or other OpenXR SDK, you agree to abide by and meet all requirements of the updates of this Agreement (including the License) for those future Prototype OpenXR Mobile SDK or other OpenXR SDK releases, with acceptance evidenced by usage of the Prototype OpenXR Mobile SDK, OpenXR SDK, or any element thereof. The future updates of this Agreement (including the License) will apply for Developer Content that may be developed for or with the future Prototype OpenXR Mobile SDK, OpenXR SDK or any element thereof (i.e., you cannot sidestep out of the requirements of future updates of the Agreement by developing against an older release of the Prototype OpenXR Mobile SDK or License).

9. Oculus reserves the right to terminate this Agreement and all your rights under this Agreement (including the License) immediately in the event you materially breach this Agreement.

10. Furthermore, Oculus also reserves the right to cancel or terminate this Agreement (including the License) immediately for any of the following reasons:

a. Intellectual property infringement by or with your Developer Content that is used with or by the Prototype OpenXR Mobile SDK or any part thereof;

b. Developer Content that violates applicable law;

c. Health and safety issues associated with your Developer Content; or

d. Use of the Prototype OpenXR Mobile SDK with a commercial product other than an Oculus Approved Product.

11. This Agreement may be amended or changed by Oculus on a prospective basis, and your usage of the Prototype OpenXR Mobile SDK or any part thereof or the License after any amendments or changes signifies your consent to and acceptance of any such amendments or changes on a going forward basis.

12. You agree to fully indemnify Facebook from any and all claims, liabilities, damages, and costs and expenses (including reasonable attorney's fees) arising out of, or relating to, your Developer Content or the licensing, distribution, or use thereof, or any matter addressed in Section 5, 6, 7, or 10.

13. In the event any provision of this Agreement is determined to be invalid, prohibited or unenforceable by a court or other body of competent jurisdiction, this Agreement shall be construed as if such invalid, prohibited or unenforceable provision has been more narrowly drawn so as not to be invalid, prohibited or unenforceable.

14. You may not assign any rights or obligations under this Agreement without the advance written consent of Oculus, which may be withheld in its sole discretion. Oculus may assign its rights or obligations under this Agreement in its sole discretion.

15. Failure of either party at any time to enforce any of the provisions of this Agreement will not be construed as a waiver of such provisions or in any way affect the validity of this Agreement or parts thereof.

16. Your remedies under this Agreement will be limited to the right to collect money damages, if any, and you hereby waive your right to injunctive or other equitable relief.

17. You will comply, and will not cause Oculus to not comply (by, for example, providing Developer Content to Oculus under this Agreement for which required export clearances have not been obtained), with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations. You agree that this Agreement and the Prototype OpenXR Mobile SDK and accompanying documentation are Oculus's confidential information (and are not publicly available) (subject to Section 3.2), and you will not use such confidential information, disclose it, or make it available to others except in accordance with the terms of this Agreement.

18. This Agreement is governed by the laws of the State of California, without giving effect to choice of law principles. All disputes relating to this Agreement shall be resolved by binding non-appearance-based arbitration before a neutral arbitrator in Santa Clara, California. 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. You and Oculus agree to submit to the personal jurisdiction of the courts located within Santa Clara, California in connection with any entrance of an arbitrator’s judgment or decision or any dispute with respect to the arbitration process or procedure or Oculus’s exercise of its equitable rights or remedies.