Oculus VR, LLC Software Development Kit License Agreement

Copyright © 2014 Oculus VR, LLC All rights reserved.

The text of this may be found at: https://developer.oculus.com/licenses/rift-sdk-3.2/

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.

Full-length Legal Copy:

1. Subject to the terms and conditions of this License Agreement (the “License”), Oculus VR, LLC (“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.oculus.com/documentation/.

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 FORAUTOMATIC 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 apiece 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, LLC. All rights reserved,” and include the list of conditions contained in this Section3, including the full text of the disclaimer in Section 3.6 below;

3.3. Neither the name of Oculus VR, LLC nor the names of Oculus VR, LLC’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, LLC;

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 License 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 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 BELIABLE 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. Oculus 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 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 1. März 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 foray 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 toad 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 processor procedure or Oculus VR’s exercise of its equitable rights or remedies.

#################################

Oculus VR, LLC Software Development Kit License Agreement

Copyright ©  2015 Oculus VR, LLC. All rights reserved.

The text of this may be found at: https://developer.oculus.com/licenses/audio-3.2.2/

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.

Full-length Legal Copy:

1. Subject to the terms and conditions of this License Agreement (the “License”), 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 a 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 © (current year) Oculus 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 Oculus VR, LLC nor the names of Oculus VR, LLC’s contributors, licensors, employees, or contractors, may be used to endorse or promote products derived from this AUDIO SDK without specific prior written permission of Oculus VR, LLC;

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 2. März 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:

1. 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;
2. Developer Content that violates or infringes upon applicable law; and
3. 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 choice of law principles. Oculus reserves all rights not expressly granted in this License. All disputes relating to this License shall be resolved by binding non-appearance-based arbitration before a neutral arbitrator in San Mateo 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 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 San Mateo 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’s exercise of its equitable rights or remedies.

Apache License

 

Apache License

Apache License
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http://www.apache.org/licenses/
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5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
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Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
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names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
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agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
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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 any Contributor be
liable to You 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
Work (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 such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets “[]”
replaced with your own identifying information. (Don’t include
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Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the “License”);
you may not use this file except in compliance with the License.
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############################################

UnityZip

https://code.google.com/p/ziparchive/
The MIT License (MIT)
Copyright (c) 2013 yamamura tatsuhiko
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the “Software”), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
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IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
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COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

###########################################

System.Net.FtpClient

The MIT License (MIT)
Copyright (c) 2013 J.P. Trosclair

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

#####################################################

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Asset Store Terms of Service and EULA

Last updated: November 1, 2016

1. Background

1.1

The Unity Asset Store (“Unity Asset Store”) is owned and operated by Unity Technologies ApS (company no. 30 71 99 13), Vendersgade 28, DK-1363 Copenhagen, Denmark (“Unity”). Your use of the Unity Asset Store is governed by a legal agreement between you and Unity consisting of these Asset Store Terms of Service (“Terms”) which you must accept by checking the box indicating your acceptance of these Terms when you register as a user of the Unity Asset Store.

1.2

In addition any Asset that you acquire from the Unity Asset Store that has been developed by Unity or that has been made available by third-parties (“Providers”) that are not affiliated with Unity, will be subject to Unity’s standard Unity Asset Store End User License Agreement (“Unity-EULA”), which is Appendix 1 to these Terms and which you must accept as an integrated part of these Terms by checking the box indicating your acceptance of these Terms when you are registered as a user of the Unity Asset Store. Certain Assets may be governed by a Provider end user license agreement.

1.3

You may use Unity Asset Store to browse, locate, and download Assets (defined as (i) software or software development kits designed in order to facilitate the development of electronic games and interactive media (ii) content (for example – without limitation – computer graphics, including 3D computer graphics, sounds and music), tutorials and other digital materials created in order to become integrated parts of electronic games). Some of these Assets may be offered by Unity while others may be made available by Providers. You agree that Unity is not responsible for any Asset on the Unity Asset Store that originates from a source other than Unity. Additionally, some Assets may be made available to you at no charge while other Assets may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Unity Asset Store.

1.4

In order to use Unity Asset Store you must be 18 years of age or older. On using the service you warrant that you have legal capacity to enter into the agreement.

2. Unity’s provision of the Unity Asset Store

2.1

You agree that Unity may stop (permanently or temporarily) providing the Unity Asset Store (or any features within the Unity Asset Store) to you or to users generally at Unity’s sole discretion, without prior notice to you.

2.2

Unity may make available to you various payment processing methods to facilitate the purchase of Assets from the Unity Asset Store. You agree to abide by any relevant terms of service or other legal agreement, whether with Unity or a third party, that governs your use of a given payment processing method. You agree that Unity reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.

2.3

From time to time, Unity may discover an Asset on the Unity Asset Store that violates the Asset Store Provider Agreement between a Provider and Unity or other legal agreements, laws, regulations or policies. You agree that in such an instance Unity retains the right at its sole discretion to demand that such Asset is removed from any computer or other equipment under your control and you agree to promptly comply with such demand.

3. Your Use of the Unity Asset Store

3.1

In order to access certain services in the Unity Asset Store, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Unity will always be accurate, correct and up to date.

3.2

You agree to use the Unity Asset Store only for purposes that are permitted by (a) the Terms and Asset Store Guidelines and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Assets.

3.3

You agree not to access (or attempt to access) the Unity Asset Store by any means other than through the interface that is provided by Unity, unless you have been specifically allowed to do so in a separate agreement with Unity. You specifically agree not to access (or attempt to access) the Unity Asset Store through any automated means (including use of scripts, crawlers or similar technologies from time to time).

3.4

You agree that you will not engage in any activity that interferes with or disrupts the Unity Asset Store (or the servers, payment systems or networks which are connected to the Unity Asset Store). You agree that you will not use any of the Assets found on the Unity Asset Store in a way that interferes or disrupts any servers, payment systems, networks, or websites operated by Unity or any third party.

3.5

Unless you have been specifically permitted to do so in a separate agreement with Unity and except as permitted under the Unity-EULA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Asset that you have acquired from the Unity Asset Store for any purpose.

3.6

You agree that you are solely responsible for (and that Unity has no responsibility to you or to any third party for) your use of the Unity Asset Store or any Assets, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Unity may suffer) of any such breach.

3.7

You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Unity Asset Store or the purchase of Assets through the Unity Asset Store, and that the reporting and payment of any such applicable taxes are your responsibility.

3.8

You agree that Unity and/or third parties own all right, title and interest in and to the Unity Asset Store and the Assets available through the Unity Asset Store, including without limitation all applicable Intellectual Property Rights in the Unity Asset Store and Assets. “Intellectual Property Rights” means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to,

(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Unity Asset Store or the Assets, unless otherwise permitted,

(ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Unity Asset Store or Assets,

(iii) use the Unity Asset Store or Assets to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or

(iv) remove, obscure, or alter Unity’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Unity Asset Store or Assets.

3.9

While Unity does not undertake any legal obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any or all Assets or their content from the Unity Asset Store, Unity reserves the right to do so, and if Unity is notified by Provider or otherwise becomes aware and determines in its sole discretion that an Asset or any portion thereof; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates Unity’s hosting policies or other terms of service as may be updated by Unity from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for Unity; (f) is deemed by Unity to have a virus or is deemed to be malware, spyware or have an adverse impact on Unity; (g) violates the terms of this Agreement; or (h) the display of the Asset is impacting the integrity of Unity servers (i.e., Customers are unable to access such content or otherwise experience difficulty), Unity may demand that Provider fixes the Asset. In addition Unity shall itself be entitled to edit and make changes in the Asset. Finally Unity shall be entitled to remove the Asset from the Unity Asset Store immediately, or reclassify the Asset at its sole discretion. Unity reserves the right to suspend and/or bar any Provider from the Unity Asset Store at its sole discretion. Irrespective of the above, you agree that by using the Unity Asset Store you may be exposed to Assets that you may find offensive, indecent or objectionable and that you use the Unity Asset Store at your own risk.

3.10

You agree that Section 5 (“GENERAL PROHIBITIONS”) of the Sites and Communities Additional Terms apply to any User Content (as defined in those Additional Terms) on the Unity Asset Store. You further agree that Unity’s Privacy Policy applies to your use of the Unity Asset Store.

4. Unity Services and Third Party Assets and Services

4.1

Some components of Assets (whether developed by Unity or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms, the applicable EULA and any such licenses, the open source software licenses shall prevail with respect to those components.

5. Automatic Updates

5.1

Assets originating from Unity and Providers may communicate with Unity servers or Providers’ servers as the case may be from time to time to check for available updates to the Asset Store and the Assets, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). By installing these Assets, you agree to such automatically requested and received Updates. The Asset Store may make connections to remote servers to provide Unity with anonymous usage statistics collected by Google Analytics that Unity uses to improve the Asset Store. The Asset Store may also have features that confirm your compliance with the terms of this Agreement.

6. Indemnifications

6.1

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Unity, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Unity Asset Store, including your downloading, installation, or use of any Assets, or your violation of these Terms.

7.Termination

7.1

These Terms will continue to apply until terminated by either you or Unity as set out below.

7.2

If you want to terminate these Terms, you may do so by ceasing your use of the Unity Asset Store and any Assets downloaded from the Unity Asset Store.

7.3

Unity may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) Unity is required to do so by law; or (C) Unity decides to no longer provide the Unity Asset Store.

7.4

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Unity have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 11.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

8. Disclaimer of Warranties

8.1

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNITY ASSET STORE IS AT YOUR SOLE RISK AND THAT THE UNITY ASSET STORE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, UNITY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE ASSETS WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE ASSETS WILL BE CORRECTED.

8.2

YOUR USE OF THE UNITY ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNITY ASSET STORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

8.3

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE UNITY ASSET STORE AS WELL AS THE UNITY ASSET STORE ITSELF.

8.4

NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

9. Limitation of Liability

9.1

UNITY AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO UNITY BY YOU IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL UNITY OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ASSET STORE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE UNITY ASSET STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9.2

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNITY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE UNITY ASSET STORE;

(II) ANY CHANGES WHICH UNITY MAY MAKE TO THE ASSETS OR ON THE UNITY ASSET STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE UNITY ASSET STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE UNITY ASSET STORE OR THE ASSETS;

(IV) YOUR FAILURE TO PROVIDE UNITY WITH ACCURATE ACCOUNT INFORMATION;

9.3

NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR UNITY, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.

10. Change of Terms

10.1

Unity may add or make changes to the Terms from time to time. When these changes are made, Unity will make a new copy of the Terms available at the Unity Asset Store.

10.2

You understand and agree that if you use the Unity Asset Store and the Assets after the date on which the Terms have changed Unity will treat your use as acceptance of the updated Terms.

11. General Legal Terms

11.1

These Terms constitutes the whole legal agreement between you and Unity and govern your use of the Unity Asset Store and the Assets, and completely replace any prior agreements between you and Unity in relation to the Unity Asset Store and the Assets. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation.

11.2

You agree that if Unity does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Unity has the benefit of under any applicable law), this will not be taken to be a formal waiver of Unity’s rights and that those rights or remedies will still be available to Unity.

11.3

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

11.4

You acknowledge and agree that each member of the group of companies with which Unity is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract, law or otherwise).

11.5

The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of Unity. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Unity.

11.6

The rights granted in the Terms may be assigned or transferred by Unity without your prior written approval. In addition Unity shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval.

11.7

These Terms, and your relationship with Unity under these Terms, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, you agree that Unity shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

APPENDIX 1

Asset STORE End User License Agreement

1. Parties to the Agreement/The Subject Matter of the Agreement:

1.1

This Unity Asset Store End User License Agreement (hereinafter referred to as “EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“END-USER”) that acquires an Asset from the Unity Asset Store and either (i) Unity Technologies ApS (company no. 30 71 99 13), Vendersgade 28, DK-1363 Copenhagen, Denmark (“Licensor” or “Unity”), or as the case may be (ii) any third party (“Provider”) that distributes its Assets from the Unity Asset Store. Consequently, this EULA shall apply regardless of whether a purchased Asset is produced by Unity or by a Provider (“Licensor”). This EULA is therefore a non-exclusive, legally binding end user license agreement as the case may be between either (i) Unity and END-User (in which case the term “Licensor” shall refer to Unity), or (ii) Provider and End User (in which case the term “Licensor” shall refer to Provider).

1.2

By installing, copying, accessing, downloading or otherwise using the Assets, End User agrees to be bound the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context clearly provides for a different understanding.

1.3

The subject matter of this EULA is the licensing to END-USER of any Asset acquired by End User from the Unity Asset Store. The Assets are licensed, not sold.

1.4

END USER hereby acknowledges that in the event it acquires an ASSET which in the Unity Asset Store is marked as an Asset which is distributed by Provider (as opposed to Unity), then Provider shall be considered as Licensor of such Asset and, consequently, only Provider (as opposed to Unity) shall be responsible for any liability whatsoever under, any EULA or any breach by Provider, including (without limitation) liability for infringement of any intellectual property rights, irrespective of the fact that payment takes place to Unity.

2. END-USER’s Rights and Obligations

2.1

END-USER may use the licensed Assets only for their intended purpose.

2.2

2.2.1 Non-Restricted Assets. The following concerns only Assets that are not Restricted Assets:

Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate Assets only as incorporated and embedded components of electronic games and interactive media and distribute such electronic game and interactive media. Except for game services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce, distribute, sublicense, rent, lease or lend the Assets. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way than as integrated components of electronic games and interactive media. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling).

2.2.2 Restricted Assets. The following concerns only Restricted Assets:

Licensor grants to the END-USER a limited, non-exclusive, worldwide license to the Asset for personal and non-commercial use; no other use is licensed or permitted. Except for game services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce, distribute, sublicense, rent, lease or lend the Assets. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling).

2.3

EXCEPT FOR EDITOR EXTENSION ASSETS, END-USER is granted a license to install and use Assets on an unlimited number of computers provided that these computers are either all (i) physically located at a single physical location (“Site”) belonging to END-USER, or (ii) laptops belonging to END-USER which have been made available by END-USER to its employees that are employed at the same Site provided all such computers have appropriately licensed Unity software installed. Consequently, any Asset may only be used at particular Site or on computers assigned to END-USER’s employees employed at the same Site and may only be moved to another Site subject to prior written approval from Licensor. THIS CLAUSE 2.3 DOES NOT APPLY TO ASSETS THAT IN THE UNITY ASSET STORE ARE CATEGORIZED UNDER THE HEADING “EDITOR EXTENSIONS.”

2.4

Editor Extensions: END-USER is granted a license to install and use any Assets which are categorized in the Asset Store as “Editor Extensions” only on one (1) computer. For the avoidance of doubt, Editor Extension Assets are licensed on a per computer basis may not be shared or used concurrently on different computers.

2.5

Game Services SDKs: If END-USER downloads and integrates Services SDKs, END-USER may be required to accept a Licensor end user agreement and/or additional Licensor terms and conditions to use such services.

2.6

END-USER shall pay for the license to the Assets in accordance with the payment process provided in the Asset Store. END USER shall provide customary billing and tax information such as name, billing address, credit card information and VAT number (for EU residents). END USER agrees to pay for all purchases hereby authorizes the collection of such amounts including applicable taxes by charging the credit card provided, either directly by Unity or indirectly, via a third party online payment processor. VAT numbers cannot be added or changed after the purchase is completed. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s Privacy Policy. Please review such third party’s terms and conditions and privacy policy before using the services. All sales are final and there shall be no refunds except as required by law.

2.7

Some components of Assets (whether developed by Unity or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open source software licenses shall prevail with respect to those components.

2.8

With respect to any Unity licensed Assets, no modification or use of those Assets shall:

(i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability of any kind; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) promote violence or actions that are threatening to any other person; or (vii) promote illegal or harmful activities or substances.

2.9

In this EULA, “Restricted Asset” means any Asset licensed by Unity hereunder that is designated as a “Restricted Asset” by Unity in any materials accompanying the Asset.

3. Licensor’s Rights and Obligations

3.1

Licensor shall render support services to END-USER only in the event a special agreement to this effect has been entered into.

4. Termination

4.1

Without prejudice to any other rights, Licensor may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA and the Terms.

4.2

END-USER may terminate END-USER’s license at any time.

4.3

In the event that Unity at its discretion or as a result of a decision made by any competent court or authority makes a refund to END-USER of the fees paid for any Asset, then this EULA shall terminate for such Asset.

4.4

In the event that Unity at its discretion or as a result of a decision made by any competent court or authority makes a refund to END-USER of the fees paid for any Asset, then this EULA shall terminate for such Asset.

5. Duplication Rights/Back Up Copy

5.1

END-USER may not make copies of the Assets, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law. In addition Licensor acknowledges that copies of the Assets may be made when the Assets have been integrated as parts of electronic games and interactive media, cf. Section 2.3 above.

5.2

After installation of one copy of the Asset pursuant to this EULA, END USER may keep the original copy of the Asset solely for back up or archival purposes.

6. Reverse Engineering, Decompilation, and Disassembly

6.1

Except for Services SDKs, END USER may modify Assets. END USER shall not reverse engineer, decompile, or disassemble Services SDKs, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law.

7. Trademarks

7.1

This EULA does not grant END-USER any rights in connection with any trademarks or service marks of Licensor, Provider or Licensor’s other suppliers.

8. Upgrades and Support

8.1

Assets identified as upgrades replace and/or supplement the licensed Assets.

8.2

Licensor may at its own discretion from time to time provide upgrades of the Assets to END USER without requesting further payment. Irrespective hereof END-USER is only entitled to licenses to upgrades if END-USER has entered into an Upgrade Agreement with Licensor. END-USER may use the upgraded Assets only in accordance with the terms of this EULA.

8.3

END-USER is only entitled to support if END-USER has entered into a Support Agreement with Licensor.

9. Copyright

9.1

The Assets are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

9.2

All title and intellectual property rights in and to the Assets (including but not limited to any software, images, photographs, animations, graphics, 3D graphics, video, audio, music, text, tutorials, and “applets” incorporated into the Assets), the accompanying printed materials, and any copies of the Assets are owned by Licensor. END-USER hereby assigns and agrees to assign to Licensor all right, title and interest in and to all Asset modifications END-USER creates, and END-USER agrees to promptly deliver to Licensor all Asset modifications END-USER creates. Licenses and restrictions on use of Assets by END-USER extend to Asset modifications permitted by this EULA. All rights not expressly granted are reserved by Licensor.

10. Disclaimer of Warranties

10.1

END-USER UNDERSTANDS AND ACCEPTS THAT PRIOR TO PLACING ANY ASSET ON THE UNITY ASSET STORE, UNITY DOES NOT UNDERTAKE ANY LEGAL OBLIGATION TO MONITOR, PRE-SCREEN, REVIEW, FLAG, FILTER, MODIFY, REFUSE OR REMOVE ANY ASSET OR THEIR CONTENT FROM THE UNITY ASSET STORE. CONSEQUENTLY, END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE ASSETS IS AT END-USER’S SOLE RISK AND THAT THE ASSETS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO END-USER THAT:

(A) END-USER’S USE OF THE ASSETS WILL MEET END-USER’S REQUIREMENTS,

(B) END-USER’S USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF END-USER’S USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO END-USER AS PART OF THE ASSETS WILL BE CORRECTED.

10.2

END-USER’S USE OF ANY ASSETS IS AT END-USER’S OWN DISCRETION AND RISK AND END-USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO END-USER’S COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

10.3

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS.

10.4

NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

11. Limitation of Liability

11.1

LICENSOR AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO END-USER FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO END-USER BY END-USER IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL LICENSOR OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO END-USER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ASSET STORE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE UNITY ASSET STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11.2

END-USER EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO END-USER FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY END-USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY END-USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN END-USER AND LICENSOR OR ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE UNITY ASSET STORE;

(II) ANY CHANGES WHICH LICENSOR MAY MAKE TO THE ASSETS OR ON THE UNITY ASSET STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE UNITY ASSET STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH END-USER’S USE OF THE ASSETS;

(IV) END-USER’S FAILURE TO PROVIDE UNITY WITH ACCURATE ACCOUNT INFORMATION;

11.3

NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR LICENSOR, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.

12. Export Restrictions

12.1

Assets available on the Unity Asset Store may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Assets (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Assets to any country to which a license is required under the Export Laws without first obtaining a license.

13. Venue and Applicable Law

13.1

This EULA and END-USER’s relationship with Licensor under this EULA, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, Provider agrees that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

###########################################

FFmpeg

Our VR-Suite Software is distributed together with software from the FFmpeg project (release FFmpeg-4.1.tar.bz2) as two separated software products. The FFmpeg software is licensed under the GNU General Public License (GPL) version 2 a copy of which is set out below.

The compiled executable file FFmpeg.exe / FFmpeg that is distributed together with our VR-Suite Software was downloaded from the developer homepage: https://www.ffmpeg.org/download.html
You can find this downloaded compiled executable file FFmpeg.exe in: VR-Suite main folder /3rd Party Open Source Software/FFmpeg.exe.
The corresponding source code of the FFmpeg software can be found next to the compiled executable file FFmpeg.exe in: VR-Suite main folder /3rd Party Open Source Software/Source Code.
The FFmpeg software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of merchantability or fitness for a particular purpose (for more details, see section 11 and 12 of the GPL version 2).

The license terms applicable to the FFmpeg software are set out below:

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

 

Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA

Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation’s software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors’ reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS