THIRD_PARTY

The Khronos Group OpenXR SDK
-----------------------------

   Copyright (c) 2017-2021, The Khronos Group Inc.

                                 Apache License
                           Version 2.0, January 2004
                        http://www.apache.org/licenses/

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Microsoft OpenXR Mixed Reality SDK
-----------------------------------

    Copyright (c) Microsoft Corporation.

    MIT License

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fmtlib
-------

Copyright (c) 2012 - present, Victor Zverovich

Permission is hereby granted, free of charge, to any person obtaining
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--- Optional exception to the license ---

As an exception, if, as a result of your compiling your source code, portions
of this Software are embedded into a machine-executable object form of such
source code, you may redistribute such embedded portions in such object form
without including the above copyright and permission notices.

LibOVR
-------

Copyright (c) Meta Platform Technologies, LLC and its affiliates. All rights reserved.

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

This Meta Platforms Technologies SDK License Agreement, formerly known as the Oculus SDK License Agreement, (“Agreement”) is a legal agreement between you and MPT (defined below) governing your use of our MPT Software Development Kit, formerly known as the Oculus Software Developer Kit. MPT Software Development Kit means any application programming interfaces (“APIs”), tools, plugins, code, technology, specification, documentation, Platform Services, and/or content made available by us to others, including app developers and content providers (collectively, the “SDK”).

By downloading or using our SDK, you are agreeing to this Agreement along with other applicable terms and conditions such as the additional terms or documents accompanying the SDK and the Terms of Service, and acknowledging our Privacy Policy (collectively, the “Terms”). If you use the SDK as an interface to, or in conjunction with other MPT products or services, then the terms for those other products or services also apply.

Here, "MPT" means Meta Platforms Technologies, LLC, formerly known as Facebook Technologies, LLC (formerly known as Oculus VR, LLC), a Delaware limited liability company with its principal place of business at 1 Hacker Way, Menlo Park, California 94025, United States unless set forth otherwise. We may also refer to MPT as "we", "our", or "us" in this Agreement.

You may not use the SDK and may not accept this Agreement if (1) you are a person with whom MPT is prohibited from transacting business under applicable law, or (2) you are a person barred from using or receiving the SDK by MPT or under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the SDK. If you are using the SDK on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Agreement and by accepting this Agreement, you are doing so on behalf of that entity (and all references to "you" in this Agreement refer to that entity).

This Agreement requires the resolution of most disputes between you and MPT by binding arbitration on an individual basis; class actions and jury trials are not permitted.

1. License Grant
1.1 License. Subject to the Terms and the restrictions set forth in this Agreement, MPT hereby grants you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable (except as otherwise set forth in this Agreement), revocable copyright license (“License”) during the term of this Agreement to use and reproduce the SDK solely to develop, test, and/or distribute your Application (defined below) and to enable you and/or your end users to access MPT features through your Application. You may only use the SDK to develop Applications in connection with MPT approved hardware and software products (“MPT Approved Products”) unless the documentation accompanying the SDK expressly authorizes broader use such as with other third-party platforms.

1.1.1 If the SDK includes any libraries, sample source code, or other materials that we make available specifically for incorporation in your Application (as indicated by applicable documentation), you may incorporate those materials and reproduce and distribute them as part of your Application, including by distributing those materials to third parties contributing to your Application.

1.1.2 The SDK may include other content (e.g., sample code) that is for demonstration, reference, or other purposes and is subject to terms and conditions included with such materials. Such materials will be clearly marked in the applicable documentation. Absent such additional terms and conditions, you may modify, distribute, and sublicense any sample source made available as part of the SDK pursuant to this Agreement and the Terms.

1.1.3 The SDK may include MPT content that is subject to your additional right to display the content to your end users through the use of the corresponding SDK, as contemplated by the documentation accompanying such SDK. For example, the SDK may include avatars that you may display to your end users.

1.2 General Restrictions. The License grant in this Section is solely for the purpose of developing, testing, and promoting your engines, tools, applications, content, games and demos, or other products and features (collectively, “Application”) and providing you and/or your end users access to MPT services and features through your Application as contemplated by applicable documentation accompanying the SDK. You may not (or allow those acting on your behalf to):

1.2.1 modify or create derivative works from any SDK or its component (other than sample source code described in this Section or expressly authorized by the documents accompanying the SDK);

1.2.2 misrepresent or mask either your identity or your Application's identity when using the SDK or developer accounts;

1.2.3 attempt to circumvent any limitations implemented within or documented with the SDK (e.g., limiting the number of requests you may make, end users you may serve, or processing abstracted gaze data or abstracted facial expressions data for prohibited uses under the Developer Data Use Policy);

1.2.4 reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code from the SDK, except to the extent that applicable law expressly permits such actions despite this limitation;

1.2.5 alter, restrict, or interfere with the normal operation or functionality of the SDK, the MPT hardware or software, or MPT Approved Products, including, but not limited to: (a) the behavior of the “Meta Quest button” and “XBox button” implemented by the MPT system software; (b) any on-screen messages or information; (c) the behavior of the proximity sensor in the MPT hardware implemented by the MPT system software; (d) any MPT hardware or software security features; (e) any end user's settings; and (f) Health and Safety Warnings;

1.2.6 use the SDK or your Application in a manner that violates: (a) the Developer Data Use Policy (where applicable); (b) the Content Guidelines, or other applicable terms and policies made available on our Developer Policy portal; (c) any rights of MPT, its affiliates or third parties; (d) applicable laws (such as laws regarding import, export, privacy, health & safety); or (e) other terms of service with MPT or its affiliates;

1.2.7 remove, obscure, or alter any Terms or any links to or notices of those Terms; or

1.2.8 use or redistribute the SDK or any portion thereof in any manner that would cause the SDK (or any portion thereof) or MPT to become subject to the terms of any open source license or other restrictions.

1.3 Distribution and Sublicense Restrictions. The redistribution and sublicense rights under this Section are further subject to the following restrictions: (1) redistribution of sample source code or other materials must include the following copyright notice: “Copyright © Meta Platform Technologies, LLC and its affiliates. All rights reserved;” and (2) if the sample source code or other materials include a "License" or "Notice" text file, you must provide a copy of the License or Notice file with the sample code.

1.4 Privacy and Security.

1.4.1 You are responsible for the data collection, processing and disclosure by your Application and agree to comply with all applicable privacy and data protection laws, as well as our applicable terms and policies, particularly the Developer Data Use Policy. You represent and warrant that you have provided robust and sufficiently prominent notice to users regarding (i) data processing that includes, at a minimum, that third parties, including MPT and its affiliates, may collect or receive information from your Application, and (ii) any other information required to be disclosed to users by applicable privacy and data protection laws. You represent and warrant that you will not back up or make available to the Cloud Backup feature any information that you know or reasonably should know (a) is from or about children under the age of 13, or (b) includes data concerning health, financial information, or other categories of sensitive information (including any information defined as special or sensitive under applicable laws, regulations, and applicable industry guidelines).

For purposes of the GDPR, you acknowledge and agree that you are a separate and independent controller of the Developer User Data (as defined in the MPT Developer Data Use Policy) and Meta Platforms Ireland Ltd. (an affiliate of MPT) is a separate and independent controller for any processing of personal data, except as provided in Section 1.4.3, including the MPT User Data (as defined in the MPT Developer Data Use Policy). The parties do not and will not process Developer User Data or MPT User Data as joint controllers. Each party shall comply with the obligations that apply to it as a controller under the GDPR, and each party shall be individually and separately responsible for its own compliance.

1.4.3 Notwithstanding the foregoing, where (a) we process Developer User Data that contains personal data to (i) store, host or otherwise backup Developer User Data through Cloud Backup; (ii) provide and operate the Spatial Audio VoIP API; (iii) or provide other services described in the Data Processing Terms (the “Services”), and (b) (i) our processing of such personal data is subject to the GDPR, you instruct Meta Platforms Ireland Ltd. to process such personal data in order to provide the Services pursuant to this Agreement and the Data Processing Terms, which are incorporated herein by reference, including for product improvement for your benefit and to anonymize the data so that it is no longer Personal Data for the purposes of GDPR, and you understand and agree that we may retain such anonymized metadata for our own legitimate purposes, including improvement and development of the Services; or (ii) such personal data is considered “personal information,” “personal data,” “personally identifiable information” or similar terms and is subject to the California Consumer Privacy Act of 2018 (“CCPA”), or other applicable privacy and data protection laws (excluding the GDPR), we will only retain, use and disclose such personal data for the purposes of providing those Services to you and improving those Services on your behalf or as otherwise permitted by the CCPA and such other applicable privacy and data protection laws.

1.4.4 “Personal data,” “controller,” “processor,” and “process” in this Section 1.4 have the meanings set out in the Data Processing Terms.

1.5 You have no obligations under this Agreement to license or make available your Application to MPT, its affiliates, or any third parties. Nothing in this Agreement obligates MPT or its affiliates to enable you or any of your Applications to access, interact with, or retrieve or publish content to the Meta VR platform or any other MPT platforms or service. However, MPT and/or its affiliates may require you to agree to additional terms as a condition of providing you with such platform services in connection with your use of the SDK. You acknowledge and agree that MPT and its affiliates may develop products or services that may compete with your Application or any other products or services of yours.

1.6 Experimental Features. From time to time, MPT may, in its sole discretion, make available to you as part of the MPT Software Development Kit, certain experimental, test or beta software, APIs or features on a limited or test basis (“Experimental Features”). Experimental Features can only be used for experimental or testing purposes and cannot be incorporated into a production build unless (i) the Experimental Feature has been released or included in MPT software production builds or (ii) otherwise permitted by MPT in writing. Your use of any Experimental Feature is voluntary. You agree that all use of any Experimental Feature is at your sole risk. You agree that once you use an Experiment Feature, your content, data and/or systems may be affected, and you may be unable to revert back to a prior version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created or transferred using the Experimental Feature back to the prior version. The Experimental Features may not work in the same way as a final production version. MPT and its affiliates make no representations or warranties that the Experimental Features will function or be free from errors. The Experimental Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device or service. MPT and its affiliates have no obligation to correct bugs, defects, or errors or otherwise support or maintain Experimental Features. MPT and its affiliates may discontinue, update, modify or remove access to any Experimental Feature at any time in its sole discretion, and may not release a final version of an Experimental Feature in its sole discretion.

1.7 Medical & HIPAA Use Restrictions. The SDK in association with MPT Approved Products is not intended to be a medical device unless otherwise specified in writing by MPT. The use of the SDK is not intended to create, and should not be interpreted as creating, any obligations to MPT under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, or their implementing regulations, as amended (collectively “HIPAA”), and MPT makes no representations that the SDK satisfies HIPAA requirements. If you are or become a “Covered Entity”, “Business Associate”, “Subcontractor”, or a “Workforce” member of a Covered Entity, Business Associate, or Subcontractor (as those terms are defined at 45 C.F.R. § 160.103), you agree not to use the SDK to create, receive, maintain or transmit any “Protected Health Information” (as that term is defined at 45 C.F.R. § 160.103) in any manner that would make MPT (or any of its affiliates and subsidiaries) your or any third party’s Business Associate or Subcontractor Business Associate. You are solely responsible for any applicable HIPAA compliance obligations.

2. Meta VR Platform Services
MPT and/or its affiliates makes certain Platform Services (defined below) available to you to include and enable in your Application on our Platform. An Application that enables or includes any Platform Service must implement the Meta VR Platform Framework (defined below) with the Application. Once your Application has been authorized for use of the Platform Services, you are not required to update your Application to include new Platform Services that MPT and/or its affiliates may make available as part of the Meta VR Platform Framework. For more information, please visit https://developer.oculus.com.

2.1 For the purpose of this Section,

2.1.1 “Application Services” means services provided by MPT and/or its affiliates associated with the Platform, including, but not limited to, in-app purchasing, multiplayer matchmaking, friends, leader boards, achievements, Virtual Reality Real Time Systems (“VERTS”), voice over IP and Cloud Backup, which list may be changed from time to time in MPT's or its affiliates’ sole discretion.

2.1.2 "Meta VR Platform Framework" means the suite of Meta VR platform services, including, but not limited to, the MPT file distribution and update system (enabling distribution and updates of Applications by MPT and/or its affiliates, including through generated activation Keys), entitlement system, and account authentication, which list may be changed from time to time in MPT or its affiliates’ sole discretion.

2.1.3 "Platform" means the virtual, mixed, and augmented reality platform made available by MPT and/or its affiliates, including, but not limited to, the user experience, user interface, store, and social features, usable on hardware approved by MPT or its affiliates or any third-party device or operating system, including, but not limited to, iOS, Android, Windows, OS X, Linux, and Windows Mobile.

2.1.4 "Platform Services" means the Meta VR Platform Framework and the Application Services.

2.2 Key Provision and Redemption. If you request that MPT generate activation keys for your Application on the Platform ("Keys") and MPT agrees, you hereby grant MPT and its affiliates (1) the right to generate Keys for you and (2) a license to make available, reproduce, distribute, perform, and display the Application to end users who have submitted a Key to MPT or its affiliates. MPT agrees to authenticate and make the Application available to any end user supplying a valid Key (or have its affiliates do so) (unless the Application has been removed or withdrawn).

2.3 Platform Services Requirements. You will not make any use of any API, software, code or other item or information supplied by MPT or its affiliates in connection with the Platform Services other than to enhance the functionality of your Application. In particular, you must not (nor enable others to): (1) defame, abuse, harass, stalk, or threaten others, or to promote or facilitate any prohibited or illegal activities; (2) enable any functionality in your Application that would generate excessive traffic over the MPT network or servers that would negatively impact other users' experience, or otherwise interfere with or restrict the operation of the Platform Services, or MPT or its affiliates’ servers or networks providing the Platform Services; (3) remove, obscure, or alter any license terms, policies or terms of service or any links to or notices thereto provided by MPT or its affiliates; or (4) violate any rights of MPT, its affiliates, or any third parties. Notwithstanding anything to the contrary set forth in this Agreement, you may not sublicense any software, firmware or other item or information supplied by MPT or its affiliates in connection with the Platform Services for use by a third party, unless expressly authorized by MPT or its affiliates to do so. You agree not to use (or encourage the use of) the Platform Services for mission critical, life saving or ultra-hazardous activities. MPT or its affiliates may suspend operation of or remove any Application that does not comply with the restrictions in this Agreement.

2.4 Changes to Platform or Platform Services. MPT and/or its affiliates may change the Platform or the functionality of the Platform Services at any time, including discontinuing some of the functionality of the Platform Services, and your continued use of the Platform or Platform Services or use of any modified or additional Platform Services is conditioned upon your adherence to the terms of this Agreement, as modified by MPT or its affiliates from time to time.

3. Intellectual Property
3.1 Ownership. As between you and MPT, MPT and/or its affiliates or licensors own all rights, title, and interest, including all Intellectual Property Rights (defined below), in and to the SDK (including associated MPT content and sample code) and all derivatives thereof. MPT reserves all rights not expressly granted under the License. As between you and MPT, you and/or your licensors own all rights, title, and interest in and to your Application, (excluding our SDK), including all Intellectual Property Rights. “Intellectual Property Rights” means any and all worldwide rights under applicable laws of patent, copyright, trade secret, trademark, rights of publicity and privacy, and other proprietary rights.

3.2 Third-Party Materials. Our SDK may include third-party software offered under an open source license or third-party content subject to a separate third-party agreement. To the extent any of such third-party terms conflicts with this Agreement, such third-party terms will control solely with respect to such third-party software or content.

3.3 Feedback. If you provide comments, suggestions, recommendations, ideas, know-how or other feedback about our SDK or any other MPT or affiliate product or service, we (and our affiliates and those we allow) may use such information for any purposes without obligation to you and all intellectual property and other proprietary rights in any such feedback are deemed (and hereby) licensed to MPT (with the right to sublicense through multiple tiers) for any purpose on a perpetual, irrevocable, worldwide, paid-up,and royalty-free basis and may be used or disclosed for any purpose.

3.4 Brand Attribution. This Agreement does not grant you or any third party permission to use our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, “Brand Features”) except as required for reasonable and customary use in describing the origin of the SDK or reproduction of the copyright notice as required under the License grant. You will not use our SDK or make any statement regarding the SDK or your Application which suggests partnership with, sponsorship by, or endorsement by MPT, its affiliates or any of their employees, contractors, contributors, licensors, affiliates, or partners without our prior written permission.

4. Confidentiality
4.1 Confidentiality. Our communications to you and our SDK may contain MPT confidential information, which includes information that is marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, you will not disclose it to any third party without MPT prior written consent. MPT confidential information does not include information that you independently developed, that was rightfully given to you by a third party without a confidentiality obligation with regard to such information, or that becomes public through no fault of your own. You may disclose MPT confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court order prohibits such notice.

5. Termination
5.1 Termination. The term of this Agreement will begin on the date on which you click accept, download, or use the SDK or any of its components and will continue until terminated as set forth in this Agreement. MPT reserves the right to terminate this Agreement with you, or to discontinue or suspend the SDK or any portion or feature or your access thereto in the event you breach any material provisions of this Agreement or the Terms, without liability or other obligation to you.

5.2. Discontinuation of SDK. MPT reserves the right to discontinue all or part of the SDK at any time, in our sole discretion, without notice to you, and without liability or other obligation to you. This Agreement will terminate automatically and without notice to you in the event that the SDK is discontinued in its entirety.

5.3 Effect of Termination. Upon termination of this Agreement, you will immediately stop using, distributing, or otherwise making available the SDK and all Applications that incorporate the SDK or any of its components, cease all use of the Brand Features, and destroy or return any cached or stored content, software, or other materials obtained through our SDK.

5.4 Surviving Provisions. When this Agreement terminates, those terms that by their nature are intended to continue indefinitely will continue to apply, including, but not limited to, Section 3 (Intellectual Property), Section 4 (Confidentiality), Section 5 (Termination), Section 6 (Liability) and Section 7 (General Provisions).

6. Liability
6.1 Indemnification. Unless prohibited by applicable law, you will indemnify and (at MPT’s option), defend MPT, its affiliates and subsidiaries, and the agents, licensors, contributors, directors, officers, employees, suppliers, and distributors thereof (collectively, “MPT Parties”) against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from: (1) your use of the SDK, or any negligence or misconduct, by you or your employees, agents, vendors, or contractors (collectively “Developer Parties”); (2) any Developer Parties’ violation of this Agreement, Terms, or any applicable law and regulation; (3) any use of your Application; or (4) Developer User Data or MPT User Data (each defined in the Developer Data Use Policy).

6.2 WARRANTIES. EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, THE SDK IS PROVIDED “AS IS” WITHOUT ANY SPECIFIC PROMISES, REPRESENTATIONS, GUARANTEES OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SDK, THE SPECIFIC FUNCTIONS OF THE SDK OR OUR PLATFORM SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE MPT PARTIES HEREBY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.

6.3 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MPT PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, BUSINESS OR GOODWILL, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING AS A RESULT OF THIS AGREEMENT, USE OF THE SDK OR ANY MODIFIED SAMPLE CODE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOUR REMEDIES UNDER THIS AGREEMENT ARE LIMITED SOLELY TO THE RIGHT TO COLLECT MONEY DAMAGES, IF ANY, AND YOU HEREBY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF. IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” TO THE EXTENT PERMITTED BY LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF MPT PARTIES, FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN ALL CASES, MPT PARTIES WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

7. General Provisions
7.1 Updates. We may need to update this Agreement from time to time, including to accurately reflect the access or uses of our SDK, and so we encourage you to check this Agreement regularly. By continuing to access or use our SDK after any notice of an update to this Agreement, you agree to be bound by them. Any updates to the Disputes section of this Agreement will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our SDK. You cannot sidestep your compliance obligations under an updated version of this Agreement by developing against an older release of the SDK or relying on the older Agreement and all updates to your application are subject to the modified Agreement.

7.2 Authorization. You hereby grant MPT and its contractors and affiliates the authorization reasonably necessary for MPT to exercise its rights and perform its obligations under this Agreement, including a limited, royalty-free, non-exclusive license to use, perform, and display the Application you provide to MPT for testing, evaluation, and approval purposes.

7.3 General Provisions. You and MPT are independent contractors with regard to each other. This Agreement does not create any third-party beneficiary rights or any agency, partnership, employment, or joint venture. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with this Agreement, and MPT does not take action right away or does not enforce any provision of this Agreement, this inaction or lack of enforcement will not act as a waiver by MPT of any rights that it may have (such as taking action in the future) or in any way affect the validity of this Agreement or parts thereof. If a particular provision of this Agreement is deemed unenforceable, it will be deemed modified to the minimum extent necessary to render it enforceable and most nearly reflect the intent of the original provision, and all other provisions in this Agreement shall remain in full force and effect. You may not assign or delegate this Agreement or any obligations under this Agreement without our advance written consent. Any such prohibited attempted assignment will be void. MPT may assign or delegate this Agreement and any of its rights or obligations under this Agreement without your consent or notice to you. This Agreement shall bind the parties and their respective heirs, successors, and permitted assigns. This Agreement is the entire agreement between you and MPT relating to the subject matter herein and supersede any prior or contemporaneous agreements on such subject matter.

7.4 Dispute Resolution.

7.4.1 If you reside outside the US or your business is located outside the US: You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the SDK must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern this Agreement and any such claim, without regard to conflict of law provisions.

7.4.2 If you reside in the US or your business is located in the US: You and we agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the SDK for business or commercial purposes (“commercial claim”). This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of the brand guidelines, violations of your or our confidential information or trade secrets, or efforts to interfere with our products or engage with our products in unauthorized ways (for example, automated ways).

7.4.3 We and you agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph.

7.4.4 The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions.

7.4.5 If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing.

7.4.6 The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative, and arbitrator fees if your commercial claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

7.4.7 If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of this Agreement containing an arbitration provision. Your notice to us under this subsection must be submitted to the address here: Meta Platforms Technologies, LLC, 1 Hacker Way, Menlo Park, California 94025

7.4.8 All commercial claims between us, whether subject to arbitration or not, will be governed by California law, excluding California’s conflict of laws rules, except to the extent that California law is contrary to or preempted by federal law.

7.4.9 If a commercial claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

7.4.10 If any provision of this dispute resolution provision is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect.

Vulkan
-------

Copyright 2016-2023 LunarG Inc.

The Vulkan SDK is comprised of 100% open-source components. The majority of the materials are MIT or Apache 2.0 licenses. The Vulkan SDK licensing registry (found at vulkan.lunarg.com) discloses all components in the SDK and their corresponding open source license. The SDK itself is not licensed because to do so would re-attribute licenses to all the things included in the SDK.

ALL INFORMATION HERE IS PROVIDED "AS IS." LUNARG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS LIST OR ITS ACCURACY OR COMPLETENESS, OR WITH RESPECT TO ANY RESULTS TO BE OBTAINED FROM USE OR DISTRIBUTION OF THE LIST. BY USING OR DISTRIBUTING THIS LIST, YOU AGREE THAT IN NO EVENT SHALL LUNARG BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY USE OR DISTRIBUTION OF THIS LIST, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DIRECT OR INDIRECT DAMAGES.

SteamVR OpenVR SDK
-------------------

Copyright (c) 2015, Valve Corporation
All rights reserved.

Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.

3. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND 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 THE COPYRIGHT HOLDER OR 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
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

AMD FidelityFX Contrast Adaptive Sharpening (CAS)
--------------------------------------------------

Copyright (c) 2020 Advanced Micro Devices, Inc. All rights reserved.

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.

AMD FidelityFX Super Resolution (FSR)
--------------------------------------

Copyright (c) 2021 Advanced Micro Devices, Inc. All rights reserved.

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.

cJSON
------

Copyright (c) 2009-2017 Dave Gamble and cJSON contributors

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.

GameInput
----------

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT GAMEINPUT REDISTRIBUTABLE

IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE "BINDING ARBITRATION AND CLASS ACTION WAIVER" SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft's rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.  BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software to develop and test your applications.

2. DISTRIBUTABLE CODE. The software may contain code you are permitted to distribute (i.e. make available for third parties) in applications you develop, as described in this Section.

    a) Distribution Rights. The code and test files described below are distributable if included with the software.

        i. Distributables. You may copy and distribute the object code form of the software listed in the distributables file list in the software or listed at https://www.visualstudio.com/en-us/downloads/2015-redistribution-vs.aspx;

        ii. Image Library. You may copy and distribute images, graphics, and animations in the Image Library as described in the software documentation; and

        iii. Third Party Distribution. You may permit distributors of your applications to copy and distribute any of this distributable code you elect to distribute with your applications.

    b) Distribution Requirements. For any code you distribute, you must:

        i. add significant primary functionality to it in your applications;

        ii. require distributors and external end users to agree to terms that protect it and Microsoft at least as much as this agreement; and

        iii. indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the unmodified distributable code.

    c) Distribution Restrictions. You may not:

        i. use Microsoft's trademarks or trade dress in your application in any way that suggests your application comes from or is endorsed by Microsoft; or

        ii. modify or distribute the source code of any distributable code so that any part of it becomes subject to any license that requires that the distributable code, any other part of the software, or any of Microsoft's other intellectual property be disclosed or distributed in source code form, or that others have the right to modify it.

3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):

    a) work around any technical limitations in the software that only allow you to use it in certain ways;

    b) reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;

    c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;

    d) use the software in any way that is against the law or to create or propagate malware; or

    e) share, publish, distribute, or lease the software (except for any distributable code, subject to the terms above), provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.

4. DATA.

    a) Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.

    b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.

5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.

6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is "as is", "with all faults", and without warranty of any kind.

7. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.

8. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States.  If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can't, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at https://aka.ms/arb-agreement-4. You and Microsoft agree to these terms.

9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.

10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration).

11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:

    a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.

    b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.

    c) Germany and Austria.

        i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.

        ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.

        Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.

12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.

This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.


Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.

Remarque: Ce logiciel �tant distribu� au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en fran�ais.

EXON�RATION DE GARANTIE. Le logiciel vis� par une licence est offert � tel quel �. Toute utilisation de ce logiciel est � votre seule risque et p�ril. Microsoft n'accorde aucune autre garantie expresse. Vous pouvez b�n�ficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualit� marchande, d'ad�quation � un usage particulier et d'absence de contrefa�on sont exclues.

LIMITATION DES DOMMAGES-INT�R�TS ET EXCLUSION DE RESPONSABILIT� POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement � hauteur de 5,00 $ US. Vous ne pouvez pr�tendre � aucune indemnisation pour les autres dommages, y compris les dommages sp�ciaux, indirects ou accessoires et pertes de b�n�fices.

Cette limitation concerne:

    * tout ce qui est reli� au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et

    * les r�clamations au titre de violation de contrat ou de garantie, ou au titre de responsabilit� stricte, de n�gligence ou d'une autre faute dans la limite autoris�e par la loi en vigueur.

Elle s'applique �galement, m�me si Microsoft connaissait ou devrait conna�tre l'�ventualit� d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilit� pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas � votre �gard.

EFFET JURIDIQUE. Le pr�sent contrat d�crit certains droits juridiques. Vous pourriez avoir d'autres droits pr�vus par les lois de votre pays. Le pr�sent contrat ne modifie pas les droits que vous conf�rent les lois de votre pays si celles-ci ne le permettent pas.