Assignment for RMIT Mixed Reality in 2020
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  1. OCULUS UTILITIES SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT
  2. 1. INTRODUCTION This Oculus Utilities Software Development Kit License Agreement
  3. (“License”) forms a legally binding contract between you and Facebook
  4. Technologies, LLC formerly known as Oculus VR, LLC (“Oculus”) and governs your
  5. use of the Oculus Utilities Software Development Kit (“Utilities SDK”). In order
  6. to obtain and use the Utilities SDK, you must first agree to the terms and
  7. conditions of this License. If you agree to the terms and conditions of this
  8. License, you may use the Utilities SDK. If you do not agree to the terms and
  9. conditions of this License, then you may not use the Utilities SDK. PLEASE READ
  10. THIS LICENSE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS
  11. LICENSE CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL
  12. WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
  13. RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY CLICKING ACCEPT
  14. OR USING, DOWNLOADING OR COPYING THE UTILITIES SDK, YOU SIGNIFY THAT YOU HAVE
  15. READ, UNDERSTOOD AND HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
  16. THIS LICENSE.
  17. 2. ELIGIBILITY By entering into this License with Oculus, you represent and
  18. warrant that you are not a person with whom Oculus is prohibited from
  19. transacting business under applicable law, nor are you a person who Oculus has
  20. previously denied access to or use of the Utilities SDK. If you will use the
  21. Utilities SDK on behalf of your employer or other company, organization,
  22. educational institution or any governmental agency, instrumentality or
  23. department (your “Entity”), you represent and warrant that you have full legal
  24. authority to bind your Entity to all of the terms and conditions of this
  25. License. If you do not have the requisite authority to so bind your Entity, you
  26. may not accept this License or use the Utilities SDK on behalf of your Entity.
  27. 3. UTILITIES SDK LICENSE
  28. 3.1. License. Subject to the terms and conditions of this License, Oculus hereby
  29. grants to you a limited, worldwide, freely revocable, non-exclusive,
  30. non-transferable, sublicensable, fully paid-up royalty-free license under
  31. Oculus’ copyright rights to:
  32. (a) store, use, reproduce, and redistribute (subject to the restrictions below)
  33. the software contained in the Utilities SDK (including, but not limited to
  34. OVRPlugin binary files, models, and Utilities Code (as defined below)) solely to
  35. design, develop, test, and run your engines, tools, applications, content, games
  36. and demos (collectively and generally referred to as “Developer Content”) to be
  37. used in connection with any and all compatible software or hardware (including,
  38. without limitation and by way of example, with commercial headsets, mobile
  39. tablets or phones) made available by Oculus or any third parties;
  40. (b) use, reproduce, modify, distribute, and create derivative works of the
  41. following named folders in the Utilities SDK: Prefabs, Resources, Scenes,
  42. Scripts, and Shader (collectively, “Utilities Code”) to internally design,
  43. develop and test Developer Content, and (ii) incorporate such Utilities Code and
  44. any such modifications, in whole or in part, into your Developer Content
  45. developed through your use of the Utilities SDK; and
  46. (c) use any documentation made available by Oculus to you in connection with the
  47. Utilities SDK solely in connection with your exercise of the licenses and rights
  48. granted in this License.
  49. 3.2. License Restrictions. You may not use the Utilities SDK for any purpose not
  50. expressly permitted by this License. Without in any way limiting the foregoing
  51. restriction, except as expressly permitted in this License, you agree not to (or
  52. enable any third party to):
  53. (a) modify or create any derivative works of the Utilities SDK other than the
  54. Utilities Code;
  55. (b) work around any technical measures in the Utilities SDK, or use the
  56. Utilities SDK (alone or in conjunction with any device, program or service) in
  57. an attempt to circumvent any technical measures employed by or for Oculus or any
  58. third party to control access to, or any rights in, any content, file or other
  59. work;
  60. (c) decompile, reverse engineer, disassemble, decipher, translate or otherwise
  61. attempt to derive or access any source code of the Utilities SDK or any part of
  62. the Utilities SDK (other than any component of the Utilities SDK that is made
  63. available by Oculus in source code form), or any other software or firmware
  64. provided to you by Oculus (except as and only to the extent the foregoing
  65. restriction is prohibited by applicable law);
  66. (d) publish, rent, lease, lend, sell, sublicense, distribute, transfer, disclose
  67. or otherwise provide the Utilities SDK;
  68. (e) remove, obscure or alter any proprietary notices on or in the Utilities SDK
  69. or any Oculus license terms, policies or terms of service or any links to or
  70. notices thereto;
  71. (f) use the Utilities SDK in connection with the development or transmission of
  72. any malware, viruses, hacks, bots, Trojan horses or other harmful or malicious
  73. code;
  74. (g) use the Utilities SDK (i) to infringe or violate any rights of Oculus, any
  75. of its affiliates or any third party or (ii) in any way that does not comply
  76. with all applicable laws (including, without limitation, all applicable export,
  77. import, privacy and data security laws);
  78. (h) use the Utilities SDK in any way that interferes with, disrupts, damages or
  79. accesses in any manner not expressly authorized by Oculus, or accesses for any
  80. purpose not expressly authorized by Oculus, any services, networks, other
  81. properties, data or information of Oculus or any of its affiliates or any third
  82. party;
  83. (i) use the Utilities SDK in any manner other than to enhance your Developer
  84. Content or the functionality thereof in accordance with Section 3.1;
  85. (j) develop any Developer Content or other application or software that could
  86. (i) disable, hack or otherwise interfere with any authentication, content
  87. protection, digital signing, digital rights management, security or verification
  88. mechanisms or (ii) disable, override or otherwise interfere with any device,
  89. system or software, including any device, system or software intended to notify
  90. an end user that such end user’s personal information is being collected,
  91. transmitted, stored, maintained, processed or used;
  92. (k) use the Utilities SDK to (i) defame, abuse, harass, stalk, bully or threaten
  93. any third party or (ii) promote or facilitate any prohibited or illegal
  94. activities;
  95. (l) enable any functionality in your Developer Content that would generate
  96. excessive traffic over any network or servers of Oculus or any of its affiliates
  97. or any third party that would negatively impact the experience of any user of
  98. any product or service of Oculus or any of its affiliates (or of any third party
  99. made available through any network or service of Oculus or any of its
  100. affiliates), or otherwise interfere with, limit or restrict the operation of any
  101. servers or networks of Oculus or any of its affiliates;
  102. (m) use or encourage the use of the Utilities SDK for any mission critical,
  103. life-saving or ultra-hazardous activities; or
  104. (n) use or redistribute the Utilities SDK or any portion or component thereof in
  105. any manner that would cause the Utilities SDK or any portion or component
  106. thereof to become subject to the terms of any open source license.
  107. 3.3. Redistribution and Sublicense Restriction. Subject to the terms and
  108. conditions of this License, your license to redistribute and sublicense the
  109. Utilities SDK (or any portion thereof) is also expressly made subject to the
  110. following conditions:
  111. (a) You may sublicense and redistribute the Utilities SDK to your end users in
  112. whole for no charge or as part of a for-charge piece of Developer Content;
  113. provided that you may only license, sublicense or redistribute the Utilities
  114. SDK: (a) in its entirety; (b) solely in compiled binary executable form; and (c)
  115. solely as incorporated into your Developer Content;
  116. (b) You must include with all such redistributed or sublicensed Utilities SDK
  117. code the following copyright notice: “Copyright © Facebook Technologies, LLC and
  118. its affiliates. All rights reserved.”;
  119. (c) You must give any other recipients of the Utilities SDK a copy of this
  120. License as such recipients, licensees or sublicensees may only use the Utilities
  121. SDK subject to the terms of this License and such recipient's, licensee's or
  122. sublicensee's agreement to and acceptance of this License with Oculus;
  123. (d) Each sublicense you grant to your end users must be pursuant to a valid and
  124. enforceable license agreement that (i) includes an acknowledgement by such end
  125. user that the Utilities SDK is the proprietary property of Oculus or its
  126. licensors or contributors, (ii) ensures that neither Oculus nor any of its
  127. licensors or contributors has any obligations to such end user with respect to
  128. any the Utilities SDK and (iii) imposes obligations on such end user no less
  129. restrictive than your obligations under this License with respect to the use and
  130. protection of the Utilities SDK; and
  131. (e) the Utilities SDK includes a "LICENSE" text file (the "License Notice"), and
  132. any Utilities SDK distribution that you distribute must include a copy of this
  133. License with the License Notice. Notwithstanding the foregoing in this Section
  134. 3.3, you may grant to end users of your Developer Content a non-exclusive
  135. runtime sublicense to use the Utilities Code and any modifications of any
  136. Utilities Code incorporated into your Developer Content pursuant to and in
  137. accordance with this License: (a) solely in the form in which the Utilities Code
  138. is made available to you by Oculus; and (b) solely as incorporated into your
  139. Developer Content pursuant to and in accordance with this License (“Runtime
  140. Sublicense”). You agree to include a Runtime Sublicense with any of your
  141. Developer Content that incorporates any Utilities Code (or any modifications of
  142. any Utilities Code) that you provide, distribute or make available to any end
  143. user of such Developer Content. Each Runtime Sublicense you grant to an end user
  144. of your Developer Content must be granted pursuant to a valid and enforceable
  145. license agreement that: (i) includes an acknowledgement by such end user that
  146. the Utilities Code (and any modifications of any Utilities Code (other than
  147. modifications of the Utilities Code developed by you during the term of this
  148. License in accordance with Section 3.1 (“Developer Modified Utilities Code”)) is
  149. the proprietary property of Oculus or its licensors or contributors, (ii)
  150. ensures that neither Oculus nor any of its licensors or contributors has any
  151. obligations to such end user with respect to any Utilities Code (or any
  152. modifications of any Utilities Code) and (iii) imposes obligations on such end
  153. user no less restrictive than your obligations under this License with respect
  154. to the use and protection of the Utilities Code. If you incorporate any of the
  155. Utilities Code or Developer Modified Utilities Code into any of your Developer
  156. Content, you must include in or on all copies of such Developer Content a copy
  157. of this License and the following copyright notice (along with any other notices
  158. or license files that appear in or on the Utilities SDK): “Certain portions of
  159. the code are owned by Facebook Technologies, LLC. Copyright © Facebook
  160. Technologies, LLC. All rights reserved”.
  161. 3.4. Developer Content Rules, Restrictions and License.
  162. (a) You agree that as a condition of this License you will design and distribute
  163. your Developer Content to ensure that your Developer Content and any software
  164. required to use your Developer Content does not, and you will not, alter or
  165. interfere with the normal operation, behavior or functionality of the compatible
  166. hardware or software of Oculus or any third party. Without limiting the
  167. foregoing, in the case of Oculus hardware or software, you will ensure that your
  168. Developer Content and any software required to use your Developer Content does
  169. not alter or interfere with: (i) the behavior of the "Oculus button" and "XBox
  170. button" implemented by the Oculus system software; (ii) any on-screen messages
  171. or information; (iii) the behavior of the proximity sensor in the Oculus
  172. hardware implemented by the Oculus system software; (iv) any Oculus hardware or
  173. software security features; (v) end user's settings; or (vi) the Oculus Flash
  174. Screen Warnings. You also agree not to (i) commit any act, or enable, assist or
  175. instruct any third party to commit any act, intended to interfere with the
  176. normal operation of any compatible hardware or software of Oculus or any third
  177. party or (ii) provide any software to any users or developers that would induce
  178. breach of any Oculus’s or other software or hardware providers’ agreements or
  179. that contains any malware, viruses, hacks, bots, Trojan horses or other harmful
  180. or malicious code. You also agree that your Developer Content will not violate
  181. the Oculus Content Guidelines (available at
  182. https://developer.oculus.com/distribute/latest/concepts/publish-content-guidelines/).
  183. (b) Oculus may suspend operation of or remove any Developer Content that does
  184. not comply with the restrictions in this License.
  185. (c) You agree that Oculus may grant its employees and internal contractors the
  186. right to use, perform and display the Developer Content you provide to Oculus
  187. for user research, testing, evaluation and approval purposes, which shall be on
  188. a royalty-free basis.
  189. 4. OCULUS PLATFORM SERVICES
  190. 4.1. Definitions. For the purposes of this Section 4:
  191. (a) "Application Services" means services provided by Oculus associated with the
  192. Platform, including but not limited to in-app purchasing, multiplayer
  193. matchmaking, friends, leader boards, achievements, rooms, voice over IP and
  194. cloud saves, which list may be changed from time to time in Oculus' sole
  195. discretion.
  196. (b) "Oculus Platform Framework" means the suite of Oculus platform services,
  197. including but not limited to the Oculus file distribution and update system
  198. (enabling distribution and updates of Developer Content by Oculus, including
  199. through generated activation Keys), entitlement system, and account
  200. authentication, which list may be changed from time to time in Oculus' sole
  201. discretion.
  202. (c) "Platform" means the Oculus virtual reality platform, including but not
  203. limited to the user experience, user interface, store, and social features,
  204. usable on Oculus approved hardware or any third-party device or operating
  205. system, including but not limited to iOS, Android, Windows, OS X, Linux, and
  206. Windows Mobile.
  207. (d) "Platform Services" means the Oculus Platform Framework and the Application
  208. Services.
  209. 4.2. Oculus Platform Services. Oculus makes certain Platform Services available
  210. to you to include and enable in your Developer Content. Developer Content that
  211. enables or includes any Platform Service must implement the Oculus Platform
  212. Framework with that Developer Content. Once your Developer Content has been
  213. authorized for use of the Platform Services, you are not required to update your
  214. Developer Content to include new Platform Services Oculus may make available as
  215. part of the Oculus Platform Framework.
  216. 4.3. Key Provision and Redemption. If you request that Oculus generate
  217. activation keys for your Developer Content on the Platform ("Keys") and Oculus
  218. agrees, you hereby grant Oculus (i) the right to generate Keys for you and (ii)
  219. a license to make available, reproduce, distribute, perform, and display the
  220. Developer Content to end users who have submitted a Key to Oculus. Oculus agrees
  221. to authenticate and make Developer Content available to any end user supplying a
  222. valid Key (unless the Developer Content has been removed or withdrawn).
  223. 4.4. Limited Authorization. You hereby grant Oculus the limited authorization
  224. reasonably necessary for Oculus's exercise of its rights and performance of its
  225. obligations under this Section 4. You agree that Oculus may use its contractors
  226. and affiliates for the purposes of exercising its rights and licenses set forth
  227. in this Section 4.
  228. 4.5. Platform Services Requirements. You will not make any use of any API,
  229. software, code or other item or information supplied by Oculus in connection
  230. with the Platform Services other than to enhance the functionality of your
  231. Developer Content. You may not sublicense any software, firmware or other item
  232. or information supplied by Oculus in connection with the Platform Service for
  233. use by a third party, unless expressly authorized by Oculus to do so.
  234. 5. INTELLECTUAL PROPERTY RIGHTS
  235. 5.1. Ownership.
  236. (a) Oculus. As between you and Oculus, Oculus retains all rights (including all
  237. intellectual property rights), title and interest (subject to the license
  238. granted to you in Section 3.1 during the term of this License) in and to the
  239. Utilities SDK and any derivatives or modifications of the Utilities SDK,
  240. including all source code and object code of any of the foregoing (other than
  241. any Developer Modified Utilities Code). Oculus reserves all rights not expressly
  242. granted to you under this License.
  243. (b) Developer. For the sake of clarification, when you use the Utilities SDK in
  244. or with Developer Content, you retain all rights to: (i) your Developer Content,
  245. and (ii) Developer Modified Utilities Code; provided however, Oculus retains all
  246. rights to the Utilities SDK (including without limitation, any and all software
  247. contained therein), including those that may be incorporated into your Developer
  248. Content. Except as otherwise provided herein, you have no obligations to share
  249. or license Developer Content (including your source and object code) or any of
  250. your Developer Modified Utilities Code to Oculus or any third parties;
  251. 5.2. Additional Content. Oculus may include additional content in the Utilities
  252. SDK for demonstration, references or other purposes. Such content will be
  253. clearly marked in the Utilities SDK and is subject to any terms and conditions
  254. included with such content.
  255. 5.3. Publicity; Use of Trademarks. This License does not grant you or any
  256. third-party permission to use any of the trade names, trademarks, service marks,
  257. logos or product names of Oculus, except as required for reasonable and
  258. customary use in describing the origin of the Utilities SDK or reproducing the
  259. copyright or other notice required pursuant to Section 3.3. Neither the name of
  260. Oculus nor the name of any contributor, licensor, employee or contractor of
  261. Oculus may be used to endorse or promote any Developer Content or any other
  262. products, content or materials developed using the Utilities SDK without
  263. specific prior written permission of Oculus.
  264. 5.4. Feedback. You may, but are not obligated to, provide Oculus with comments
  265. or other feedback, suggestions or recommended improvements regarding the
  266. Utilities SDK or any other Oculus products or services (collectively,
  267. “Feedback”). You hereby grant Oculus a worldwide, non-exclusive, perpetual,
  268. irrevocable, royalty-free, fully paid-up, transferable, sublicensable (through
  269. multiple tiers of sublicenses) license to use, disclose, reproduce, modify,
  270. create derivatives of, license, distribute, provide and exploit any Feedback for
  271. any purpose whatsoever, without any obligation, limitation or restriction of any
  272. kind.
  273. 6. THIRD PARTY SOFTWARE OR MATERIALS Your use of any third-party software
  274. (including any open source software) or materials included in the Utilities SDK
  275. may be subject to other terms and conditions typically found in separate
  276. third-party license agreements or "READ ME" files included with such third-party
  277. software or materials. To the extent any of such other terms and conditions
  278. conflict with any of the terms and conditions of this License, such other terms
  279. and conditions applicable to such third-party software or materials will control
  280. solely with respect to such third-party software or materials (but to no other
  281. portion or component of the Utilities SDK).
  282. 7. INDEMNIFICATION You agree to defend, indemnify and hold harmless Oculus and
  283. its subsidiaries, agents, contributors, licensors, managers, and other
  284. affiliated companies, and their employees, contractors, agents, officers and
  285. directors, from and against any and all claims, damages, obligations, losses,
  286. liabilities, costs or debt, and expenses (including, without limitation,
  287. reasonable attorneys’ fees and expenses) arising from or relating to (a) your
  288. exercise of any of the licenses or rights granted to you under this License, (b)
  289. your use and access of the Utilities SDK and/or the Platform Services, (c) any
  290. Developer Content, (d) any negligence or misconduct by you or any of your
  291. employees, agents, vendors or contractors, (e) your violation of any third-party
  292. right, including without limitation any right of privacy or intellectual
  293. property rights, (f) your violation of any applicable law, rule or regulation,
  294. or (g) your breach of any provision of this License.
  295. 8. NO WARRANTIES THE UTILITIES SDK, ANY PORTION OR COMPONENT OF THE UTILITIES
  296. SDK (INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, THE OVRPLUGIN BINARY
  297. FILES, MODELS, AND UTILITIES CODE), THE PLATFORM SERVICES AND ALL DOCUMENTATION
  298. OR OTHER INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY OR FOR OCULUS
  299. ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS,
  300. IMPLIED, STATUTORY OR OTHERWISE. ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY
  301. DISCLAIMED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES OF
  302. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET
  303. ENJOYMENT, QUIET POSSESSION OR TITLE; AND (B) ANY WARRANTIES THAT THE UTILITIES
  304. SDK, ANY PORTION OR COMPONENT OF THE UTILITIES SDK, THE PLATFORM SERVICES OR ANY
  305. DOCUMENTATION OR OTHER INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY OR
  306. FOR OCULUS (I) WILL MEET ANY OF YOUR REQUIREMENTS (INCLUDING, WITHOUT
  307. LIMITATION, YOUR REQUIREMENTS RELATING TO ANY DESIGN OR PERFORMANCE), (II) WILL
  308. BE UNINTERRUPTED OR ERROR-FREE, (III) ARE FREE OF ANY MALWARE, VIRUSES, HACKS,
  309. BOTS, TROJAN HORSES AND OTHER HARMFUL OR MALICIOUS CODE; AND (D) ARE FUNCTIONAL
  310. ON ANY HARDWARE OR IN ANY ENVIRONMENT. FEDERAL LAW, SOME STATES, PROVINCES AND
  311. OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN
  312. IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS LICENSE
  313. GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
  314. FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS LICENSE WILL NOT
  315. APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  316. 9. LIMITATION OF LIABILITY TO THE FULLEST EXTEST PERMITTED UNDER APPLICABLE LAW,
  317. IN NO EVENT SHALL OCULUS OR ANY OF ITS LICENSORS OR CONTRIBUTORS BE LIABLE TO
  318. YOU OR ANY END USER OR OTHER THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF
  319. THIS LICENSE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY OF THE LICENSES
  320. OR OTHER RIGHTS GRANTED BY OCULUS UNDER THIS LICENSE) OR ARISING IN ANY WAY OUT
  321. OF THE UTILITIES SDK OR ANY PORTION OR COMPONENT OF THE UTILITIES SDK
  322. (INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, THE OVRPLUGIN BINARY
  323. FILES, MODELS, AND UTILITIES CODE), THE PLATFORM SERVICES, ALL DOCUMENTATION OR
  324. OTHER INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY OR FOR OCULUS OR
  325. ANY OF YOUR USE OF THE FOREGOING FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
  326. CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION:
  327. DAMAGE TO BUSINESS REPTUATION; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
  328. OF USE, PROFITS, BUSINESS OR GOODWILL; LOSS OR CORRUPTION OF DATA; OR BUSINESS
  329. INTERRUPTION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (LEGAL, EQUITABLE
  330. OR OTHERWISE), WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (WHETHER
  331. NEGLIGENCE OR OTHERWISE), WHETHER FORESEEABLE OR NOT AND REGARDLESS OF WHETHER
  332. YOU HAVE BEEN OR OCULUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
  333. YOU ACKNOWLEDGE AND AGREE THAT YOUR REMEDIES UNDER THIS LICENSE ARE LIMITED
  334. SOLELY TO THE RIGHT TO COLLECT MONEY DAMAGES, IF ANY, AND YOU HEREBY WAIVE YOUR
  335. RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF. THE CUMULATIVE, AGGREGATE
  336. LIABILITY OF OCULUS AND ITS AFFILIATES, LICENSORS AND CONTRIBUTORS UNDER THIS
  337. LICENSE WILL BE LIMITED TO ONE HUNDRED US DOLLARS (US $100). THE EXISTENCE OF
  338. MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS LICENSE WILL NOT ENLARGE OR
  339. EXTEND THE FOREGOING MONETARY CAP ON DAMAGES. SOME STATES DO NOT ALLOW THE
  340. EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
  341. LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LICENSE GIVES YOU SPECIFIC
  342. LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
  343. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LICENSE
  344. WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  345. 10. LICENSE TERM
  346. 10.1. Term and Termination. The term of this License will commence on the date
  347. on which you click accept or use, download or copy the Utilities SDK or any
  348. portion or component thereof and will continue until terminated as set forth in
  349. this License. This License and all your rights under this License shall
  350. automatically and immediately terminate in the event you breach any provision of
  351. this License (including, without limitation, your failure to provide required
  352. notices as set forth in Section 3.3 or your failure to observe any of the
  353. restrictions set forth in Sections 3.2, 3.3 or 3.4) or for any of the following
  354. reasons:
  355. (a) Any of the following infringes or violates any intellectual property rights
  356. of any third party or violates any applicable law: (i) your exercise of any of
  357. the licenses or rights granted under this License; and/or (ii) your Developer
  358. Content or any use or exploitation of any such Developer Content;
  359. (b) Your Developer Content violates applicable law;
  360. (c) Any health or safety issues associated with your Developer Content;
  361. (d) Failure to comply with or use properly the Oculus Flash Screen Warnings;
  362. (e) To the extent applicable, any failure to comply with or properly use the
  363. Oculus help and safety warnings;
  364. (f) Failure to provide required notices as set forth above; and
  365. (g) Failure to observe the restrictions in Section 3.2.
  366. 10.2. Effect of Termination; Survival. If this License is terminated for any
  367. reason, (a) all licenses and rights granted under this License will immediately
  368. terminate; (b) you must immediately cease using the Utilities SDK, all portions
  369. and components of the Utilities SDK, all documentation made available by Oculus
  370. to you in connection with the Utilities SDK; and (c) using, distributing,
  371. providing, making available and exploiting any Developer Content that
  372. incorporates any Utilities Code, any modifications of any Utilities Code (other
  373. than any Developer Modified Utilities Code), or any other portion or component
  374. of the Utilities SDK. Notwithstanding any termination of this License, the
  375. following provisions shall survive indefinitely: Sections 1, 2, 3.2, 3.3, 3.4,
  376. 4.1, 4.4, 4.5, 5, 6, 7, 8, 9, 10.2, 11, and 12.
  377. 11. GOVERNING LAW; ARBITRATION; CLASS ACTION/JURY TRIAL WAIVER
  378. 11.1. Governing Law; Alternative Dispute Resolution. This License shall be
  379. governed by the laws of the State of California, without giving effect to
  380. conflict of laws provisions or principles thereof. The parties agree that,
  381. except as provided below, all disputes relating to this License shall be
  382. resolved by binding non-appearance-based arbitration before a single neutral
  383. arbitrator in San Mateo, California. The arbitration will be conducted in the
  384. English language by a single arbitrator who is an attorney-at-law with at least
  385. fifteen (15) years’ experience in consumer and technology transactions and who
  386. is also a member of the JAMS roster of arbitrators. If you and Oculus cannot
  387. agree on a mutually acceptable arbitrator within thirty (30) days after the
  388. arbitration is initiated, then JAMS will pick a neutral arbitrator who meets
  389. such qualifications. The arbitration shall be conducted in accordance with the
  390. rules and procedures of JAMS then in effect, and the judgment of the arbitrator
  391. shall be final and capable of entry in any court of competent jurisdiction. The
  392. parties undertake to keep confidential all awards in their arbitration, together
  393. with all materials in the proceedings created for the purpose of the arbitration
  394. and all other documents produced by another party in the proceedings not
  395. otherwise in the public domain, save and to the extent that disclosure may be
  396. required of a party by legal duty, to protect or pursue a legal right or to
  397. enforce or challenge an award in legal proceedings before a court or other
  398. judicial authority. You and Oculus agree the following may be submitted to a
  399. court of competent jurisdiction located within San Francisco, California and
  400. further agree to submit to the personal jurisdiction of the courts located
  401. within San Francisco, California in connection with (a) any entrance of an
  402. arbitrator's judgment or decision, (b) any dispute with respect to the
  403. arbitration process or procedure, (c) Oculus’ exercise of any of its equitable
  404. rights or remedies or (d) any claims regarding the ownership, validity,
  405. enforceability and/or infringement of any intellectual property rights.
  406. 11.2. Class Action/Jury Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES,
  407. REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE UTILITIES SDK FOR PERSONAL,
  408. COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’
  409. INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
  410. CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
  411. REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS
  412. WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S
  413. CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS LICENSE, YOU AND OCULUS ARE EACH
  414. WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION,
  415. COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE
  416. PROCEEDING OF ANY KIND.
  417. 11.3. License Suspension. If you file a suit or initiate a proceeding with or
  418. before a governmental authority in which you challenge Oculus’ ownership of any
  419. intellectual property rights related to the Utilities SDK or the validity or
  420. enforceability of any such intellectual property rights (a “Claim”), the
  421. licenses granted to you under this License shall automatically and immediately
  422. (upon the filing of such suit or proceeding) be suspended. Such suspension will
  423. continue until all such Claims asserted by you are dismissed, withdrawn or are
  424. finally settled and no longer pending, as applicable, in which case, such
  425. licenses will be automatically reinstated; provided, however, that such
  426. reinstatement will not release you from any liabilities, or remedies therefor,
  427. that arise during the period of such suspension.
  428. 12. OTHER PROVISIONS
  429. 12.1. Changes to the SDK. Oculus may discontinue or change functionality of the
  430. Utilities SDK at any time, and your continued use of the Utilities SDK or use of
  431. any modified or additional Utilities SDL is conditioned upon your adherence to
  432. the terms of this License, as modified by Oculus from time to time in accordance
  433. with Section 12.2.
  434. 12.2. Updates to License. Oculus may revise and update this License at any time
  435. by posting the amended terms and conditions of this License (“Updated License
  436. Terms”) to: https://developer.oculus.com/licenses/. Your continued use of the
  437. Utilities SDK or any portion or component of the Utilities SDK constitutes your
  438. acceptance of the Updated License Terms. If there are Updated License Terms for
  439. any future release of the Utilities SDK, you: (a) agree to comply with all terms
  440. and conditions of such Updated License Terms for such future Utilities SDK
  441. release and (b) acknowledge and agree that such Updated License Terms will apply
  442. to all Developer Content that may be developed using or incorporating such
  443. future Utilities SDK or any portion or component of the Utilities SDK (for
  444. example, without limitation, you cannot avoid complying with the terms and
  445. conditions of such Updated License Terms by developing any Developer Content
  446. using or incorporating any release of the Utilities SDK that precedes such
  447. future Utilities SDK or under any version of this License that precedes such
  448. Updated License Terms).
  449. 12.3. Export Law Compliance. You will comply, and will not cause Oculus to not
  450. comply (by for example, providing Developer Content to Oculus under this
  451. Agreement for which required export clearances have not been obtained), with all
  452. applicable export control laws of the United States and any other applicable
  453. governmental authority, including without limitation, the U.S. Export
  454. Administration Regulations.
  455. 12.4. Confidentiality. You agree that (a) the Utilities SDK and all
  456. documentation or other information or materials provided or made available by or
  457. for Oculus are Oculus’ confidential information and (b) you will not use,
  458. disclose or make available any of such Oculus confidential information to any
  459. third party except as expressly permitted under, and in accordance with, the
  460. terms and conditions of this License.
  461. 12.5. Relationship of the Parties. The parties hereto are independent
  462. contractors. Neither party has any express or implied right or authority to
  463. assume or create any obligations on behalf of the other or to bind such other
  464. party to any contract, agreement or undertaking with any third party. Nothing in
  465. this License shall be construed to create a partnership, joint venture,
  466. employment or agency relationship.
  467. 12.6. Assignment. You may not assign this License or any licenses or rights
  468. granted under this License or delegate any obligations under this License, in
  469. each case, without the advance written consent of Oculus, which may be withheld
  470. in its sole discretion. Any attempted assignment by you without such advance
  471. written consent of Oculus will be null and void. Oculus may assign this License
  472. or any licenses or rights granted under this License or delegate any obligations
  473. under this License in its sole discretion, in each case, without your consent or
  474. any notice to you. This License shall be binding on, inure to the benefit of,
  475. and be enforceable by the parties and their respective heirs, successors and
  476. permitted assigns.
  477. 12.7. Severability. In the event that any provision of this License is held to
  478. be null, void, invalid or unenforceable by a court, other governmental body or
  479. arbitration tribunal, in each case of competent jurisdiction, you and Oculus
  480. agree (a) such provision will be modified to the extent necessary to allow it to
  481. be valid and enforceable to the extent permitted by applicable law, provided
  482. that such modification reflects as nearly as possible the intentions of the
  483. parties when entering into this License and (b) the remaining provisions of this
  484. License shall remain in full force and effect.
  485. 12.8. Headings. The section headings contained in this License are for reference
  486. purposes only and shall not affect in any way the meaning or interpretation of
  487. this License.
  488. 12.9. No Waiver. Failure of either party at any time to exercise or enforce any
  489. legal right or remedy under this License will not be construed as a waiver of
  490. such provisions or in any way affect the validity of this License or any portion
  491. of this License. No waiver of any provision of this License shall be of any
  492. force or effect unless set forth in a writing signed by an authorized
  493. representative of each party.
  494. 12.10. Entire Agreement. This License constitutes the entire agreement between
  495. you and Oculus regarding your use of the Utilities SDK and supersedes and
  496. replaces any prior or contemporaneous agreements, understandings, negotiations
  497. and discussions between you and Oculus regarding your access and use of the
  498. Utilities SDK.