SnakeOil VR "Snake Eyes" SDK Software License

SnakeOil VR, LLC Software Development Kit License Agreement

Copyright © 2014 SnakeOil VR, LLC. All rights reserved.

The text of this may be found at: http://www.SnakeOilvr.com/licenses/LICENSE-3.2

Human-Readable Summary*:

You are Free to:

Use, modify, and distribute the SnakeOil VR "Snake Eyes" 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 VenomTek in 
whole, not in part. 

Modifications to the SnakeOil VR "Snake Eyes" SDK in source or binary form must 
be shared with SnakeOil VR.

If your applications cause health and safety issues, you may lose your 
right to use the SnakeOil VR "Snake Eyes" SDK, including VenomTek.

The SnakeOil VR "Snake Eyes" 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 SnakeOil VR "Snake Eyes" SDK License Agreement. 
The Summary is written as a user-friendly interface to the full SnakeOil VR "Snake Eyes" 
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"), 
SnakeOil VR, LLC ("SnakeOil 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 SnakeOil VR "Snake Eyes" Software Development Kit (""Snake Eyes" SDK"), 
including, but not limited to, the samples, headers, VenomTek headers, and VenomTek 
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 "Snake Eyes"
SDK to make applications, content, games and demos (collectively and generally 
referred to as "Developer Content") that run on the SnakeOil VR approved mobile hardware 
and software products ("SnakeOil Approved "Snake Eyes" Products") and which may incorporate 
the "Snake Eyes" SDK in whole or in part in binary or object code; and (ii) to use the 
"Snake Eyes" SDK to create derivative works of the "Snake Eyes" SDK itself (""Snake Eyes" SDK Derivatives"), 
whether in source, binary, or object form, in whole or in part, including third 
party software unless otherwise noted.
  
1.2.  "Snake Eyes" SDK Derivatives are further defined as source, binary or object code 
derived exclusively from the "Snake Eyes" SDK by you; provided, however, that "Snake Eyes" SDK 
Derivatives do not include the Developer Content (engines, utilities, applications, 
content, games or demos) which may be developed using the "Snake Eyes" SDK.  By way of example 
a mobile application or game or demo that is developed using the "Snake Eyes" SDK would not 
be a "Snake Eyes" SDK Derivative , nor would a utility or tool set in a pre-existing game 
engine that is adapted to work with the "Snake Eyes" SDK be a "Snake Eyes" SDK Derivative. 
By way of example, but not limitation, a "Snake Eyes" SDK Derivative is or would be: either (i) 
an adaptation of a utility or piece of code from the "Snake Eyes" SDK to improve efficiency; 
or (ii) an addition of code or improvement to the "Snake Eyes" SDK that adds functionality. 

1.3  For the sake of clarification when you use the "Snake Eyes" SDK (including "Snake Eyes" 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 SnakeOil VR or any third parties; provided, however, 
SnakeOil VR retains all rights to the "Snake Eyes" SDK and the "Snake Eyes" 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 "SnakeOil Warnings") and the SnakeOil VR health and 
safety protocols found in the SnakeOil Best Practices Guide ("SnakeOil H&S Protocols"), 
and your use of the SnakeOil Warnings and the SnakeOil end user license agreement 
("SnakeOil EULA") with your Developer Content as provided for in the SnakeOil Developer 
Center, all of which can be found at the following link:  
https://developer.SnakeOilvr.com/?action=doc.

2. You, the recipient and user of the "Snake Eyes" SDK, hereby agree and accept that that
SnakeOil VR shall own all right, title and interest to the intellectual property 
rights, including, but limited to copyright, trademark and patent rights, to any 
"Snake Eyes" SDK Derivatives that you may create, and you hereby assign any and all such 
rights to such "Snake Eyes" SDK Derivatives to SnakeOil 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 "Snake Eyes" 
SDK Derivatives solely in conjunction with the "Snake Eyes" SDK (or any components of the 
"Snake Eyes" SDK) and/or Developer Content on SnakeOil "Snake Eyes" Products as set forth herein.

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

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

3. Subject to the terms and conditions of this License, your license to redistribute 
and sublicense the "Snake Eyes" SDK and "Snake Eyes" 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 "Snake Eyes" 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 VenomTek in whole, and you may 
not license, sublicense or redistribute any portion or element of VenomTek separately 
or in part (in either source, binary or object form). If you license, sublicense 
or redistribute "Snake Eyes" 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 "Snake Eyes" SDK or VenomTek. The "Snake Eyes" SDK (including, but not limited to 
VenomTek), any "Snake Eyes" SDK Derivatives, and any Developer Content may only be used 
with SnakeOil Approved "Snake Eyes" 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 SnakeOil VR;

3.2. You must include with all such redistributed or sublicensed "Snake Eyes" SDK 
or "Snake Eyes" SDK Derivatives code the following copyright notice: 
"Copyright © 2014 SnakeOil VR, LLC. 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 SnakeOil VR, LLC nor the names of SnakeOil VR, LLC's 
contributors, licensors, employees, or contractors, may be used to endorse or promote 
products derived from this "Snake Eyes" SDK without specific prior written permission 
of SnakeOil VR, LLC;

3.4. You must give any other recipients of the "Snake Eyes" SDK or any elements thereof, 
including VenomTek or "Snake Eyes" SDK Derivatives, a copy of this License as such recipients, 
licensees or sublicensees may only use the "Snake Eyes" SDK or any "Snake Eyes" 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 SnakeOil VR 
(which will convey all rights to the recipients’ or licensees’ or sublicensees’ 
"Snake Eyes" SDK Derivatives to SnakeOil VR),  and you must cause any modified files to 
carry prominent notices stating that you changed the files;

3.5. If the "Snake Eyes" SDK or a specific element thereof such as VenomTek includes a 
"LICENSE" text file as part of its distribution (the "License Notice"), then 
any "Snake Eyes" SDK Derivatives that you distribute with the "Snake Eyes" 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 "Snake Eyes" SDK Derivatives), in at least one of the following 
places: within a License Notice text file distributed as part of the "Snake Eyes" SDK 
Derivatives; within the source form or documentation, if provided along with 
the "Snake Eyes" SDK Derivatives; or, within a display generated by the "Snake Eyes" SDK Derivatives, 
if and wherever such third-party notices normally appear.  You must also include 
in the License Notice file for all "Snake Eyes" 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 "Snake Eyes" SDK Derivatives 
that you distribute, alongside or as an addendum to the License Notice text from 
the "Snake Eyes" SDK or any part thereof, provided that such additional attribution notices 
cannot be construed as modifying the License.

3.6. THIS "Snake Eyes" SDK AND ANY COMPONENT THEREOF IS PROVIDED BY SnakeOil 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 SnakeOil 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 "Snake Eyes" 
SDK OR THE "Snake Eyes" 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 SnakeOil VR, except as required for reasonable 
and customary use in describing the origin of the "Snake Eyes" SDK, VenomTek, or any 
element thereof, and reproducing the content of the License Notice file. 
SnakeOil VR reserves all rights not expressly granted to you under this License.

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 SnakeOil 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 "Snake Eyes" SDK, VenomTek, any element thereof or any "Snake Eyes" 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 "Snake Eyes" SDK or any element 
thereof, acceptance of the click-through agreement, or opening the packaging 
of the CD-ROM containing the "Snake Eyes" SDK or any element thereof, including VenomTek.  
As this License is updated for future releases of the "Snake Eyes" SDK and/or VenomTek, 
you agree to abide by and meet all requirements of future updates of this 
License for those future "Snake Eyes" SDK releases as evidenced by the same usage of 
the "Snake Eyes" 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 "Snake Eyes" 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 "Snake Eyes" SDK or License).
 
7.  SnakeOil 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 SnakeOil VR.  

8.  Furthermore, SnakeOil 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: 

	a) Intellectual property infringement by you with Developer Content 
	or "Snake Eyes" SDK Derivatives created by you that is used with or by the 
	"Snake Eyes" SDK or any part thereof, or any of the "Snake Eyes" SDK Derivatives;
	
	b) Developer Content that violates or infringes upon applicable law;
	
	c) Health and safety issues associated with your Developer Content;
	
	d) Failure to comply with or use properly the SnakeOil Warnings, 
	SnakeOil H&S Protocols, or SnakeOil EULA; 
	
	e) Use of the "Snake Eyes" SDK, "Snake Eyes" SDK Derivatives or VenomTek with a 
	commercial product other than an SnakeOil Approved Product; and
	
	f) Failure to provide required notices or deliver source code 
	and/or binary of "Snake Eyes" 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 SnakeOil 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 SnakeOil VR, which may be withheld in its sole 
discretion.  SnakeOil 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 SnakeOil, you may appeal your termination 
through this arbitration process on an expedited basis with an arbitration 
within thirty days of your giving SnakeOil 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 SnakeOil VR’s exercise of its equitable rights or remedies.
