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License:Oculus VR Rift SDK License

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Name Oculus VR Rift SDK License
URL http://www.oculusvr.com/licenses/LICENSE-3.1
Comment This license is not a free software licenses. Please don't use this license. We urge you to avoid any software that has been released under this license.


License text

Oculus VR, Inc. Software Development Kit License Agreement
----------------------------------------------------------

Copyright © 2014 Oculus VR, Inc. All rights reserved.

The text of this may be found at:
http://www.oculusvr.com/licenses/LICENSE-3.1.

Human-Readable Summary*
-----------------------

You are Free to:

Use, modify, and distribute the Oculus VR Rift SDK in source and binary
form with your applications/software.

With the Following Restrictions:

-   You can only distribute or re-distribute the source code to LibOVR
    in whole, not in part.
-   Modifications to the Oculus VR Rift SDK in source or binary form
    must be shared with Oculus VR.
-   If your applications cause health and safety issues, you may lose
    your right to use the Oculus VR Rift SDK, including LibOVR.
-   The Oculus VR Rift SDK may not be used to interface with unapproved
    commercial virtual reality mobile or non-mobile products or
    hardware.

* - This human-readable Summary is not a license. It is simply a
convenient reference for understanding the full Oculus VR Rift SDK
License Agreement. The Summary is written as a user-friendly interface
to the full Oculus VR Rift SDK License below. This Summary itself has no
legal value, and its contents do not appear in the actual license.

Full-length Legal Copy:
-----------------------

1. Subject to the terms and conditions of this License Agreement (the
"License"), Oculus VR, Inc. ("Oculus VR") hereby grants to you a
perpetual, worldwide, non-exclusive, no-charge, royalty-free,
sublicenseable copyright license to use, reproduce, redistribute
(subject to restrictions below), modify, and improve the software
contained in this Oculus VR Rift Software Development Kit ("RIFT SDK"),
including, but not limited to, the samples, headers, LibOVR headers, and
LibOVR source. This license is subject to the following terms and
conditions:

1.1. This license includes the non-exclusive license and right to use
(i) the RIFT SDK to make applications, content, games and demos
(collectively and generally referred to as “Developer Content”) that run
on the Oculus VR approved mobile hardware and software products (“Oculus
Approved Rift Products”) and which may incorporate the RIFT SDK in whole
or in part in binary or object code; and (ii) to use the RIFT SDK to
create derivative works of the RIFT SDK itself ("RIFT SDK Derivatives"),
whether in source, binary, or object form, in whole or in part,
including third party software unless otherwise noted.

1.2. RIFT SDK Derivatives are further defined as source, binary or
object code derived exclusively from the RIFT SDK by you; provided,
however, that RIFT SDK Derivatives do not include the Developer Content
(engines, utilities, applications, content, games or demos) which may be
developed using the RIFT SDK. By way of example a mobile application or
game or demo that is developed using the RIFT SDK would not be a RIFT
SDK Derivative , nor would a utility or tool set in a pre-existing game
engine that is adapted to work with the RIFT SDK be a RIFT SDK
Derivative. By way of example, but not limitation, a RIFT SDK Derivative
is or would be: either (i) an adaptation of a utility or piece of code
from the RIFT SDK to improve efficiency; or (ii) an addition of code or
improvement to the RIFT SDK that adds functionality.

1.3 For the sake of clarification when you use the RIFT SDK (including
RIFT SDK Derivatives) 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 VR or any third parties; provided, however, Oculus VR retains all
rights to the RIFT SDK and the RIFT SDK Derivatives that may be
incorporated into your Developer Content.

1.4 You agree to and you will use the Flash Screen Warning and the
Health and Safety Warnings (collectively the “Oculus Warnings”) and the
Oculus VR health and safety protocols found in the Oculus Best Practices
Guide (“Oculus H&S Protocols”), and your use of the Oculus Warnings and
the Oculus end user license agreement (“Oculus EULA”) with your
Developer Content as provided for in the Oculus Developer Center, all of
which can be found at the following link:
https://developer.oculusvr.com/?action=doc.

2. You, the recipient and user of the RIFT SDK, hereby agree and accept
that that Oculus VR shall own all right, title and interest to the
intellectual property rights, including, but limited to copyright,
trademark and patent rights, to any RIFT SDK Derivatives that you may
create, and you hereby assign any and all such rights to such RIFT SDK
Derivatives to Oculus VR, subject to the following.

2.1 We hereby grant to you the a fully paid up, no-charge, royalty-free,
world-wide, in perpetuity, non-exclusive right and license back to use
these RIFT SDK Derivatives solely in conjunction with the RIFT SDK (or
any components of the RIFT SDK) and/or Developer Content on Oculus Rift
Products as set forth herein.

2.2 Furthermore, for the sake of clarification, Oculus VR and its
assignees and licensees shall be free to use such RIFT SDK Derivatives
without any approval from you and without compensation or attribution to
you.

2.3 You also agree upon Oculus VR's request to provide the source and
binary code of any RIFT SDK Derivatives to Oculus VR. FAILURE TO COMPLY
WITH THIS REQUEST IS THE BASIS FOR AUTOMATIC TERMINATION OF THIS LICENSE
BY OCULUS VR.

3. Subject to the terms and conditions of this License, your license to
redistribute and sublicense the RIFT SDK and RIFT SDK Derivatives is
also expressly made subject to the following conditions:

3.1. You may sublicense and redistribute the source, binary, or object
code of the RIFT SDK in whole or in part by itself 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 LibOVR in whole, and you may not license, sublicense or
redistribute any portion or element of LibOVR separately or in part (in
either source, binary or object form). If you license, sublicense or
redistribute RIFT SDK Derivatives in and of themselves (not as a part of
a piece of Developer Content) then you may only do that solely with and
in conjunction with either the RIFT SDK or LibOVR. The RIFT SDK
(including, but not limited to LibOVR), any RIFT SDK Derivatives, and
any Developer Content may only be used with Oculus Approved Rift
Products and may not be used, licensed, or sublicensed to interface with
mobile software or hardware or other commercial headsets, mobile tablets
or phones that are not authorized and approved by Oculus VR;

3.2. You must include with all such redistributed or sublicensed RIFT
SDK or RIFT SDK Derivatives code the following copyright notice:
"Copyright © 2014 Oculus VR, Inc. All rights reserved," and include the
list of conditions contained in this Section 3, including the full text
of the disclaimer in Section 3.6 below;

3.3. Neither the name of Oculus VR, Inc. nor the names of Oculus VR,
Inc.'s contributors, licensors, employees, or contractors, may be used
to endorse or promote products derived from this RIFT SDK without
specific prior written permission of Oculus VR, Inc.;

3.4. You must give any other recipients of the RIFT SDK or any elements
thereof, including LibOVR or RIFT SDK Derivatives, a copy of this
License as such recipients, licensees or sublicensees may only use the
RIFT SDK or any RIFT SDK Derivatives or any elements thereof subject to
the terms of this Licence and such recipients, licensees or sublicensees
agreement and acceptance of this License with Oculus VR (which will
convey all rights to the recipients’ or licensees’ or sublicensees’ RIFT
SDK Derivatives to Oculus VR), and you must cause any modified files to
carry prominent notices stating that you changed the files;

3.5. If the RIFT SDK or a specific element thereof such as LibOVR
includes a "LICENSE" text file as part of its distribution (the “License
Notice”), then any RIFT SDK Derivatives that you distribute with the
RIFT SDK in whole or in part must include a readable copy of such
attribution notices as are contained within the applicable License
Notice file (excluding those notices that do not pertain to any part of
the RIFT SDK Derivatives), in at least one of the following places:
within a License Notice text file distributed as part of the RIFT SDK
Derivatives; within the source form or documentation, if provided along
with the RIFT SDK Derivatives; or, within a display generated by the
RIFT SDK Derivatives, if and wherever such third-party notices normally
appear. You must also include in the License Notice file for all RIFT
SDK Derivatives 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 the License. You
may add your own attribution notices within RIFT SDK Derivatives that
you distribute, alongside or as an addendum to the License Notice text
from the RIFT SDK or any part thereof, provided that such additional
attribution notices cannot be construed as modifying the License.

3.6. THIS RIFT SDK AND ANY COMPONENT THEREOF IS PROVIDED BY OCULUS VR
AND ITS CONTRIBUTORS "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 VR 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 RIFT SDK OR THE RIFT SDK DERIVATIVES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

4. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of Oculus VR, except as
required for reasonable and customary use in describing the origin of
the RIFT SDK, LibOVR, or any element thereof, and reproducing the
content of the License Notice file.

5. In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law
(such as deliberate and grossly negligent acts) or agreed to in writing,
shall Oculus VR or any contributor be liable to you or your licensees or
sublicensees for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the RIFT
SDK, LibOVR, any element thereof or any RIFT SDK Derivatives (including
but not limited to damages for loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or
losses), even if you or such contributor has been advised of the
possibility of such damages.

6. Your acceptance of the terms and conditions of this License in and of
itself and for all Developer Content created as of March 1, 2014, may be
evidenced by any of the following: your usage of the RIFT SDK or any
element thereof, acceptance of the click-through agreement, or opening
the packaging of the CD-ROM containing the RIFT SDK or any element
thereof, including LibOVR. As this License is updated for future
releases of the RIFT SDK and/or LibOVR, you agree to abide by and meet
all requirements of future updates of this License for those future RIFT
SDK releases as evidenced by the same usage of the RIFT SDK or any
element thereof and the future updates of this License will apply for
that future Developer Content that may developed for or with that future
RIFT 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 RIFT SDK or License).

7. Oculus VR reserves the right to terminate this License and all your
rights hereunder in the event you materially breach this License and
fail to cure such breach within ten (10) business days after notice of
breach from Oculus VR.

8. Furthermore, Oculus VR also reserves the right to cancel or terminate
this License for any of the following reasons upon notice to you,
subject to the appeal process set forth in Section 14 for a wrongful
termination:

1.  Intellectual property infringement by you with Developer Content or
    RIFT SDK Derivatives created by you that is used with or by the RIFT
    SDK or any part thereof, or any of the RIFT SDK Derivatives;
2.  Developer Content that violates or infringes upon applicable law;
3.  Health and safety issues associated with your Developer Content;
4.  Failure to comply with or use properly the Oculus Warnings, Oculus
    H&S Protocols, or Oculus EULA;
5.  Use of the RIFT SDK, RIFT SDK Derivatives or LibOVR with a
    commercial product other than an Oculus Approved Product; and
6.  Failure to provide required notices or deliver source code and/or
    binary of RIFT SDK Derivatives as set forth above.

If you believe that you have been wrongfully terminated under this
Section 8 with respect to material breach or with respect to these above
conditions, you have the right to appeal the termination of this License
under Section 14.

9. This License may be amended by Oculus VR on a prospective basis, and
your usage of the License after such amendments or changes signifies
your consent to and acceptance of any such amendments or changes on a
going forward basis.

10. 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.

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

12. 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.

13. 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.

14. This License shall be governed by the laws of the State of
California, without giving effect to choice of law principles. All
disputes relating to this License shall be resolved by binding
non-appearance-based arbitration before a neutral arbitrator in Orange
County, California. If your License has been terminated hereunder by
Oculus, you may appeal your termination through this arbitration process
on an expedited basis with an arbitration within thirty days of your
giving Oculus VR notice of the appeal. 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 agree to submit to the
personal jurisdiction of the courts located within Orange County,
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 VR’s exercise of its equitable rights or remedies.



   



Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.

The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.


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