Oculus Software Development Kit License Agreement

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

The Oculus SDK License Agreement became effective on June 1, 2020, and governs
your use of all Oculus SDKs. The agreement below is no longer in effect.

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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.
OCULUS SDK LICENSE

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.
REDISTRIBUTION

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.
OCULUS PLATFORM SERVICES

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.

"Oculus Platform Framework" means the suite of Oculus platform services, including
but not limited to the Oculus file distribution and update system (enabling
distribution and updates of Developer Content by Oculus, including through generated
activation Keys), entitlement system, and account authentication, which list
may be changed from time to time in Oculus' sole discretion.
"Application Services" means services provided by Oculus associated with the
Platform, including but not limited to in-app purchasing, multiplayer matchmaking,
friends, leader boards, achievements, rooms, voice over IP and cloud saves,
which list may be changed from time to time in Oculus' sole discretion.
"Platform" means the Oculus virtual reality platform, including but not limited
to the user experience, user interface, store, and social features, usable on
Oculus approved hardware or any third-party device or operating system, including
but not limited to iOS, Android, Windows, OS X, Linux, and Windows Mobile.
"Platform Services" means the Oculus Platform Framework and the Application
Services.

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.
GENERAL PROVISIONS

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:

Intellectual property infringement by you with Developer Content created by
you that is used with or by the Oculus SDK, or any of the Platform Services;
Developer Content (including enabling Platform Services) that violates applicable
law;
    Health and safety issues associated with your Developer Content;
    Failure to comply with or use properly the Oculus Flash Screen Warnings;
Use of the Oculus SDK with a commercial product other than an Oculus Approved
Product;
    Failure to provide required notices as set forth above; and
    Failure to observe the restrictions in Section 3.5.

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.