Oculus Audio 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 The agreement below is no longer in effect.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/audio-3.3/
Human-Readable Summary*:
You are Free to:
Use, modify, and distribute the Oculus Audio SDK in source and binary form with your applications/software.
With the Following Restrictions:
Modifications to the Oculus Audio SDK in source or binary form must be shared with Oculus.
* This human-readable Summary is not a license. It is simply a convenient reference for understanding the full Oculus Audio SDK License Agreement. The Summary is written as a user-friendly interface to the full Oculus Audio SDK License Agreement 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”), Facebook Technologies, LLC formerly known as Oculus VR, LLC (“Oculus”) 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 Audio Software Development Kit (“Audio SDK”). 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 Audio SDK to make applications, content, games and demos (collectively and generally referred to as “Developer Content”) which may incorporate the Audio SDK in whole or in part in binary or object code; and (ii) use the Audio SDK to create derivative works of the Audio SDK itself (“Audio SDK Derivatives”), whether in source, binary, or object form, in whole or in part, including third-party software unless otherwise noted.
1.2. Audio SDK Derivatives are further defined as source, binary or object code derived exclusively from the Audio SDK by you; provided, however, that Audio SDK Derivatives do not include the Developer Content (engines, utilities, applications, content, games or demos) which may be developed using the Audio SDK. By way of example an application or game or demo that is developed using the Audio SDK would not be an Audio SDK Derivative, nor would a utility or tool set in a pre-existing game engine that is adapted to work with the Audio SDK be an Audio SDK Derivative. By way of example, but not limitation, an Audio SDK Derivative is or would be: either (i) an adaptation of a utility or piece of code from the Audio SDK to improve efficiency; or (ii) an addition of code or improvement to the Audio SDK that adds functionality.
1.3. For the sake of clarification when you use the Audio SDK (including Audio 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 or any third parties; provided, however, Oculus retains all rights to the Audio SDK and the Audio SDK Derivatives that may be incorporated into your Developer Content.
2. You, the recipient and user of the Audio SDK, hereby agree and accept that Oculus hereby owns all right, title and interest to the intellectual property rights, including, but not limited to copyright, trademark and patent rights, to any Audio SDK Derivatives that you may create, and you hereby assign any and all such rights to such Audio SDK Derivatives to Oculus.
2.1. We hereby grant to you a fully paid up, no-charge, royalty-free, world-wide, in perpetuity, non-exclusive right and license back to use these Audio SDK Derivatives solely in conjunction with the Audio SDK (or any components of the Audio SDK) and/or Developer Content.
2.2. Furthermore, for the sake of clarification, Oculus and its assignees and licensees shall be free to use such Audio SDK Derivatives without any approval from you and without compensation or attribution to you.
2.3. You also agree upon Oculus’s request to provide the source and binary code of any Audio SDK Derivatives to Oculus. Failure to comply with this request is the basis for automatic termination of this License by Oculus.
3. Subject to the terms and conditions of this License, your license to redistribute and sublicense the Audio SDK and Audio 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 Audio SDK in whole or in part by itself for no charge. If you license, sublicense or redistribute Audio 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 the Audio SDK;
3.2. You must include with all such redistributed or sublicensed Audio SDK or Audio SDK Derivatives code the following copyright notice: “Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved,” and include the list of conditions contained in this Section 3, including the full text of the disclaimer in Section 3.6 below;
3.3. Neither the names 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 Audio SDK without specific prior written permission of Oculus;
3.4. You must give any other recipients of the Audio SDK or any elements thereof, including Audio SDK Derivatives, a copy of this License; and such recipients must agree to and enter into this License with Oculus. Recipients, licensees or sublicensees may only use the Audio SDK or any Audio SDK Derivatives or any elements thereof subject to the terms of this License. You must cause any modified files to carry prominent notices stating that you changed the files;
3.5. If the Audio SDK or a specific element thereof includes a “LICENSE” text file as part of its distribution (the “License Notice”), then any Audio SDK Derivatives that you distribute with the Audio 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 Audio SDK Derivatives), in at least one of the following places: within a License Notice text file distributed as part of the Audio SDK Derivatives; within the source form or documentation, if provided along with the Audio SDK Derivatives; or, within a display generated by the Audio SDK Derivatives, if and wherever such third-party notices normally appear. You must also include in the License Notice file for all Audio SDK Derivatives a copy of all notices (including any product liability 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 Audio SDK Derivatives that you distribute, alongside or as an addendum to the License Notice text from the Audio SDK or any part thereof, provided that such additional attribution notices cannot be construed as modifying the License.
3.6. THIS AUDIO SDK AND ANY COMPONENT THEREOF IS PROVIDED BY OCULUS 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 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 AUDIO SDK OR THE AUDIO 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, except as required for reasonable and customary use in describing the origin of the Audio SDK, 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 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 Audio SDK, any element thereof or any Audio 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 2, 2015, may be evidenced by any of the following: your usage of the Audio SDK or any element thereof, or acceptance of the click-through agreement. As this License is updated for future releases of the Audio SDK, you agree to abide by and meet all requirements of future updates of this License for those future Audio SDK releases as evidenced by the same usage of the Audio 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 Audio 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 Audio SDK or License).
7. Oculus 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.
8. Furthermore, Oculus 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 16 for a wrongful termination:
Intellectual property infringement by you with Developer Content or Audio SDK Derivatives created by you that is used with or by the Audio SDK or any part thereof, or any of the Audio SDK Derivatives;
Developer Content that violates or infringes upon applicable law; and
Failure to provide required notices or deliver source code and/or binary of Audio SDK Derivatives as set forth above.
If you believe that your license has 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 16.
9. This License may be amended by Oculus 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, which may be withheld in its sole discretion. Oculus 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. Your use of third-party materials included in the Audio 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.
15. Oculus may include in the Audio SDK additional content (e.g., samples) for demonstration, references or other specific purposes. Such content will be clearly marked in the Audio SDK and is subject to any included terms and conditions.
16. 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.