Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.
The text of this may be found at: https://developer.oculus.com/licenses/sdk-3.5/
In order to obtain and use the Oculus Software Development Kit for mobile or for PC, You must first agree to the terms of this License. If you agree to the terms of this License, you may use the Oculus Software Development Kit. If you do not agree to the terms of this License, then you may not use the Oculus Software Development Kit.
1. Subject to the terms and conditions of this License Agreement (the "License"), Facebook Technologies, LLC formerly known as Oculus VR, LLC ("Oculus") hereby grants to you a worldwide, non-exclusive, no-charge, royalty-free, sublicenseable copyright license to use, reproduce and redistribute (subject to restrictions below) the software contained in this Oculus Software Development Kit for PC and/or mobile ("Oculus SDK"), including, but not limited to, the samples, headers, LibOVR and VRLib headers, LibOVR and VRLib source and, subject to your compliance with Section 3, the headers, libraries and APIs to enable the Platform Services. This License is subject to the following terms and conditions:
1.1 This license grants you the non-exclusive license and right to use (i) the Oculus SDK to make engines, tools, applications, content, games and demos (collectively and generally referred to as "Developer Content") for use on the Oculus approved hardware and software products ("Oculus Approved Products") and which may incorporate the Oculus SDK in whole or in part in binary or object code; and (ii) the headers, libraries, APIs and other tools made available by Oculus to enable the use of Platform Services with your Developer Content.
1.2 For the sake of clarification, when you use the Oculus 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 Oculus SDK and the headers, libraries and APIs to the Platform Services and other tools made available by Oculus, including those that may be incorporated into your Developer Content.
1.3 You agree that as a condition of this 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 the Oculus 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's settings; or (vi) the Oculus Flash Screen Warnings. You also agree not to commit any act intended to interfere with the normal operation of the Oculus hardware or software or Oculus Approved Products, or provide software to Oculus users or developers that would induce breach of any Oculus agreements or that contains malware, viruses, hacks, bots, Trojan horses, or other malicious code.
1.4 You may not use the Oculus SDK for any purpose not expressly permitted by this License. You may not (except as and only to the extent any following restriction is prohibited by applicable law): (a) decompile; (b) reverse engineer; (c) disassemble; (d) attempt to derive the source code of the Oculus SDK or any part of the Oculus SDK, or any other software or firmware provided to you by Oculus.
2. Subject to the terms and conditions of this License, your license to redistribute and sublicense the Oculus 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 Oculus SDK in whole for no charge or as part of a for-charge piece of Developer Content; provided, however, you may only license, sublicense or redistribute the source, binary or object code of the Oculus SDK in its entirety. The Oculus SDK (including, but not limited to LibOVR and VRLib), and any Developer Content that includes any portion of the Oculus 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, mobile tablets or phones that are not authorized and approved by Oculus;
2.2 You must include with all such redistributed or sublicensed Oculus SDK code the following copyright notice: “Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.”
2.3 You must give any other recipients of the Oculus SDK a copy of this License as such recipients, licensees or sublicensees may only use the Oculus SDK subject to the terms of this License and such recipient's, licensee's or sublicensee's agreement to and acceptance of this License with Oculus; and
2.4 The Oculus SDK includes a "LICENSE" text file (the "License Notice"), and any Oculus SDK distribution that you distribute must include a copy of this License with the License Notice.
3. Oculus makes the headers, libraries and APIs, software, and other tools made available by Oculus to enable Platform Services in connection with your Developer Content. You agree not to use any API, code or other tools, instruction or service provided by Oculus to enable or use a Platform Service other than in compliance with these terms. For more information go to https://developer.oculus.com.
3.1 Oculus Platform Services. Oculus makes certain Platform Services available to you to include and enable in your Developer Content. Developer Content that enables or includes any Platform Service must implement the Oculus Platform Framework with that Developer Content. Once your Developer Content has been authorized for use of the Platform Services, you are not required to update your Developer Content to include new Platform Services Oculus may make available as part of the Oculus Platform Framework.
3.2 Limited Authorization. You hereby grant Oculus the limited authorization reasonably necessary for Oculus's exercise of its rights and performance of its obligations under this Section 3. You agree that Oculus may use its contractors and affiliates for the purposes of exercising its rights and licenses set forth in this Section 3.
3.3. Internal Use. You agree that Oculus may grant its employees and internal contractors the right to use, perform and display the Developer Content you provide to Oculus for testing, evaluation and approval purposes, which shall be on a royalty-free basis.
3.4 Key Provision and Redemption. If you request that Oculus generate activation keys for your Developer Content on the Platform ("Keys") and Oculus agrees, you hereby grant Oculus (i) the right to generate Keys for you and (ii) a license to make available, reproduce, distribute, perform, and display the Developer Content to end users who have submitted a Key to Oculus. Oculus agrees to authenticate and make Developer Content available to any end user supplying a valid Key (unless the Developer Content has been removed or withdrawn).
3.5 Platform Services Requirements. You will not make any use of any API, software, code or other item or information supplied by Oculus in connection with the Platform Services other than to enhance the functionality of your Developer Content. In particular, you must not (nor enable others to): (i) defame, abuse, harass, stalk, or threaten others, or to promote or facilitate any prohibited or illegal activities; (ii) enable any functionality in your Developer Content that would generate excessive traffic over the Oculus network or servers that would negatively impact other users' experience, or otherwise interfere with or restrict the operation of the Platform Services, or Oculus's servers or networks providing the Platform Services; or (iii) remove, obscure, or alter any Oculus license terms, policies or terms of service or any links to or notices thereto. You may not sublicense any software, firmware or other item or information supplied by Oculus in connection with the Platform Service for use by a third party, unless expressly authorized by Oculus to do so. You agree not to use (or encourage the use of) the Platform Services for mission critical, life saving or ultra-hazardous activities. Oculus may suspend operation of or remove any Developer Content that does not comply with the restrictions in this License.
You will not use the Oculus Avatar associated with the Oculus ID of any end user in your Developer Content without the express permission of that end user unless, (i) that end user is actively engaged with your Developer Content or (ii) 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.
4. Additional Materials
4.1 Oculus may include in this Oculus SDK additional content (e.g., samples) for demonstration, references or other specific purposes. Such content will be clearly marked in the Oculus SDK and is subject to any included terms and conditions.
4.2 Your use of third-party materials included in the Oculus 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 materials. To the extent such other terms and conditions conflict with the terms and conditions of this License, the former will control with respect to the applicable third-party materials.
5. THE OCULUS SDK AND ANY COMPONENT THEREOF, THE OCULUS HEADERS, LIBRARIES AND APIS, AND THE PLATFORM SERVICES FROM OCULUS AND ITS CONTRIBUTORS ARE PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL OCULUS AS THE COPYRIGHT OWNER OR ITS CONTRIBUTORS 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 OCULUS SDK, THE OCULUS HEADERS, LIBRARIES AND APIS OR THE PLATFORM SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.
6. This License does not grant permission to use the trade names, trademarks, service marks, or product names of Oculus, except as required for reasonable and customary use in describing the origin of the Oculus SDK, and reproducing the content of the License Notice file. Oculus reserves all rights not expressly granted to you under this License. Neither the name of Facebook Technologies, LLC, Oculus VR, LLC, Oculus, nor the names of Oculus’s contributors, licensors, employees, or contractors, may be used to endorse or promote products developed using the Oculus SDK without specific prior written permission of Oculus.
7. You are responsible for ensuring that your use of the Oculus SDK and your Developer Content, including enabled Platform Services, complies with all applicable laws (including privacy laws) wherever your Developer Content is made available. You acknowledge and agree that you are solely responsible for any health and safety issues arising from your Developer Content. You will not collect end users' content or information, or otherwise access any Oculus site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Oculus' prior permission.
8. Your acceptance of the terms and conditions of this License in and of itself and for all Developer Content created as of March 28, 2016, may be evidenced by any of the following: your usage of the Oculus SDK, or acceptance of the license agreement. As this License is updated for future releases of the Oculus SDK, you agree to abide by and meet all requirements of future updates of this License for those future Oculus SDK releases, with acceptance evidenced by usage of the Oculus SDK or any element thereof and the future updates of this License will apply for that future Developer Content that may be developed for or with that future Oculus SDK or any element thereof (i.e., you cannot sidestep out of the requirements of future updates of the License by developing against an older release of the Oculus SDK or License).
9. Oculus reserves the right to terminate this License and all your rights hereunder immediately in the event you materially breach this License.
10. Furthermore, Oculus also reserves the right to cancel or terminate this License for any of the following reasons:
11. You agree to fully indemnify Oculus from any and all losses, costs, damages and expenses (including reasonable attorney's fees) arising out of your Developer Content or any matter set forth in Sections 6, 7 and 10(a) through (g).
12. Oculus may discontinue or change functionality of the Platform Services at any time, and your continued use of the Platform Services or use of any modified or additional Platform Services is conditioned upon your adherence to the terms of this License, as modified by Oculus from time to time.
13. In the event any provision of this License is determined to be invalid, prohibited or unenforceable by a court or other body of competent jurisdiction, this License 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 License without the advance written consent of Oculus, which may be withheld in its sole discretion. Oculus may assign its rights or obligations under this License in its sole discretion.
15. Failure of either party at any time to enforce any of the provisions of this License will not be construed as a waiver of such provisions or in any way affect the validity of this License or parts thereof.
16. Your remedies under this License shall 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 License and the Oculus SDK and accompanying documentation are Oculus's confidential information (and is not publicly available), and you will not use it, disclose it or make it available to others except in accordance with the terms of this License.
18. 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 Francisco, 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 Francisco, California and further agree to submit to the personal jurisdiction of the courts located within San Francisco, 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.