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OpenSoundLab License Agreement

Version 1, 27 September 2024

1. Definitions

  • "Software" refers to OpenSoundLab, a mixed reality sound lab developed for the arts.
  • "Licensor" refers to the developers and copyright holders of OpenSoundLab.
  • "You" refers to the user or licensee of the Software.

2. Grant of License

The Licensor grants you a non-exclusive, worldwide, royalty-free license to use, modify, and distribute the Software, subject to the terms and conditions of this agreement. You may also use the Software or its derivatives to create commercial music, media, or art output.

3. Restrictions

  • You may create derivative works based on the Software's source code, but only for academic purposes such as teaching workshops or conducting research, or for artistic purposes such as performances or distributed studio recordings.
  • You may not distribute or publish derivative works through any official or unofficial app stores of major providers (including but not limited to Meta, SideQuest, Apple, Pico, and similar entities).
  • You may not monetize the Software or its derivatives directly through selling licenses or offering online services, plugins, or merchandise. However, you may provide free binaries of derivative works on platforms like GitHub or through other developer platforms for academic and artistic purposes.

4. Distribution of Derivative Works

When distributing derivative works, you must:

  • Share the derivative source code.
  • Include a copy of this license agreement or clearly link to it from within a Credits section in the derivative app.
  • Reproduce the license terms of all other libraries as already present within the Software.

5. Trademarks

  • "Spherical Labs" and "sphericals.io" are trademarks of the Licensor; you are not allowed to appear as if your derivatives are authored or authorized by these trademarks.
  • "OpenSoundLab" is a trademark of the Licensor. You may not use this trademark in your derivatives without explicit permission from the Licensor. Derivative works must use a different name to avoid any confusion.

6. Intellectual Property

The Software and its source code remain the intellectual property of the Licensor. This license does not transfer ownership of the Software to you.

7. Disclaimer of Warranty

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 NON-INFRINGEMENT. THE LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR PERFORMANCE OF THE SOFTWARE.

8. Limitation of Liability

IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Health & Safety

The developers of OpenSoundLab waive all liability for any physical or medical issues that may arise from program execution errors, glitches, loud sounds, distorted views, or any other aspect of the software's use. If you experience any discomfort or adverse health effects, such as tinnitus, hearing loss, nausea, or seizures while using this software, immediately cease use and seek medical attention if necessary. Users with a history of epilepsy or seizures should consult a doctor before using this software. It is the user's responsibility to ensure that they are in good physical and mental health before using this software and to use it responsibly and in accordance with all warnings and instructions.
It is important to ensure that you have the ability to quickly remove your headphones or adjust the volume of your speakers in the event of unexpected loud sound events. Failure to do so could result in hearing loss or other physical or medical issues. It is the user's responsibility to use the software in a manner that is safe and considerate of their own well-being and the well-being of those around them.

Please also consult the official health & safety instructions provided by the vendor of your VR headset, such as Meta:
https://www.meta.com/de/en/legal/quest/health-and-safety-warnings/

10. Governing Law

This agreement shall be governed by and construed in accordance with international law. If any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.

11. Termination

This license is effective until terminated. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

12. Attribution

When distributing the Software or any derivative works, you must provide appropriate credit to the original creators of OpenSoundLab, either within the software interface of your derivative or in its accompanying documentation.

By using, modifying, or distributing the Software, you agree to be bound by the terms of this license agreement.