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OSVR / OSVR-HDK

OSVR HDK production files
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[LICENSE] seems to have contradictory clauses in it. #4

Open Nolski opened 8 years ago

Nolski commented 8 years ago

To preface this I am not a lawyer and this does not constitute legal advice.

In the license section b.3 you state

b) creating modified works, in accordance with the purposes set out below.

  1. You agree and acknowledge that the MDK, Modules or Module Interface Technology available on the OSVR Project are solely for the purposes of the OSVR Project and Your personal use. You may not use, sell or distribute the MDK, Modules or Module Interface Technology nor the IPR contained therein for any purposes whatsoever, whether for commercial gain or otherwise. Any attempts to do so will automatically terminate this License.

I'd like to point out that "You may not use ... the MDK, Modules or Module Interface Technology nor the IPR contained therein for any purposes whatsoever" seems to claim that under no circumstances am I or anyone else for that matter allowed to use anything that this license touches.

Not only that but it also contradicts the previous agreement You agree and acknowledge that the MDK, Modules or Module Interface Technology available on the OSVR Project are solely for the purposes of the OSVR Project and Your personal use. because even in that case, it is still using that technology for some purpose.

Now I'm not quite sure if contradictory claims invalidate the whole license, that clause, or if it reverts back onto basic IP law but I definitely think this is an issue.

Nolski commented 8 years ago

You also seem to have the clause

This License and other legal notices published by Razer at www.osvr.com from time to time shall constitute the entire agreement between You and Razer concerning the MDK. If any of the provisions of this License shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of this License, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Razer’s failure to assert any right under this License shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the MDK must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer this License, but Razer may assign this License without restriction.

So while this may cover your figurative butts for the rest of the license, I'd say it could be argued that this invalidates a large portion of the derivative works portion of this license.