Oculus for Business Enterprise Use Agreement

Last Updated: May 21, 2019

This Oculus for Business Enterprise Use Agreement (this “Agreement”) is between you and Facebook Technologies, LLC, unless you reside in the European Region as defined in https://www.oculus.com/legal/territories, in which case this Agreement is with Facebook Technologies Ireland Limited (each, “Oculus,” as applicable). References to “you” or “your” refers to you on behalf of your organization that is purchasing the Products. You acknowledge that you have authority to bind your organization to this Agreement, and by purchasing and using the Products, you and your organization agree that this Agreement is binding on behalf of your organization.

This Agreement governs the following Hardware, Software, and Services (collectively, the “Products”):

●  Hardware: Oculus for Business head-mounted display product(s) and other Oculus accessories included in the head-mounted display packaging, which may include, as applicable, any power adapters, controllers, relaxed facial interfaces, eyeglass spacers, and charging cables, in each case excluding any software (individually and collectively, the “Hardware”).

●  Software: Software that you have the right to use with the Hardware, which will be one of:

if you do not have an active license for Enterprise Software, the Oculus-provided software that is pre-installed on the Hardware, including any Oculus-provided updates thereto (such as bug fixes) and any Oculus-provided content (but excluding Third Party Content) (the “Consumer Software”);

OR

if you have an active license for Enterprise Software, the Oculus-provided enterprise software that Oculus makes available to you for download or other use in connection with this license including any Oculus-provided updates thereto (such as bug fixes) and any Oculus provided content (but excluding Third Party Content) (the “Enterprise Software”) with your active license for Enterprise Software.

Consumer Software and Enterprise Software are each “Software,” as applicable.

●  Services: Support provided to you, which will be one of:

○ consumer level support provided with the Consumer Software (“Consumer Support”);

OR

○ enterprise level support provided for Software or Hardware, which is provided during any Support Period (as further described in Section 8 below) (“Enterprise Support”).

Consumer Support and Enterprise Support are each “Services,” as applicable.

Your use of the Products is subject to the Oculus for Business Limited Warranty, incorporated by reference herein, and as set forth at https://www.oculusforbusiness.com/warranty-info/ (the “Limited Warranty”). The Limited Warranty will cover Hardware for a period of two years after the purchase of the Hardware subject to Section 2(c) of the Limited Warranty, regardless of whether you choose to renew or terminate your subscription to the Enterprise Software. Renewal of a license to Enterprise Software does not extend the Limited Warranty.

1. Commercial Organization License.

(a) Software Licenses.

(i) For any Subscription Period (as defined in the Enterprise Software EULA), the Enterprise Software End User Subscription License Agreement in Appendix A attached hereto (the “Enterprise Software EULA”) applies to your use of Enterprise Software.

(ii) For any part of the term of this Agreement that is not a Subscription Period, subject to your compliance with the terms and conditions of this Agreement, Oculus hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Consumer Software, in your Commercial Organization, for end user commercial or business purposes and only for Authorized Users. This license is granted for one copy per Hardware purchase, solely for use as installed on and in connection with the Hardware and for use by Authorized Users in accordance with Section 2(a). “Commercial Organization” means any person, entity or organization that is not a personal or consumer user. Commercial Organizations include for-profit, governmental, educational, non-profit, and other non-consumer proprietorships or entities.

(b) License Restrictions. Unless separately approved in writing by Oculus, you will not, in connection with any use of the Software and the Services under this Agreement:

(i) use of any third party software to bypass the Oculus platform services, create your own application, store or marketplace, or other proprietary interface;

(ii) use or provide the Software or the Services for personal, consumer, non-business, or non-commercial purposes;

(iii) transfer, resell, lease, lend, rent or make available on a service basis the Software, Oculus platform, or Services (including in arcades or other commercial enterprises) the Software or Services;

(iv) use, copy, adapt, modify, decompile, reverse engineer, reverse assemble, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit all or any portion of the Software, or convert the Software object code to human readable form, in each case except as expressly permitted by Oculus or as required under applicable law;

(v) have access to or use content or Third Party Content from the Oculus Store that is not permitted for use by a Commercial Organization or for commercial or business purposes; or

(vi) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Software, the platform, or third parties.

No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you under this Agreement.

2. Your Responsibilities. In connection with this Agreement, you will (and will cause your Authorized Users to, as applicable):

(a) be solely responsible for the use of the Products and compliance with this Agreement by you and any of your affiliates, employees, agents or subcontractors, and your end users that you allow to use the Products under your supervision and control (“Authorized Users”), and you agree to notify your Authorized Users of and ensure their compliance with, the terms and conditions of this Agreement;

(b) ensure that any natural person you allow to use the Products is age 13 or older;

(c) not remove, alter, obstruct, reject, or violate any operational instructions, warnings, disclaimers, notices, directions, guidelines, and other information printed on or provided with the Products and any relevant packaging in the use of the Hardware, including all warnings found at https://www.oculus.com/legal/health-and-safety-warnings/, and you are solely responsible for providing such operational instructions, directions and guidelines to all Authorized Users;

(d) not access or use the Products for any activity that violates this Agreements, laws, rules regulations, or any other policies provided in connection with the Products including the Oculus Code of Conduct (provided at https://support.oculus.com/1694069410806625) or for any activity that exploits, harms or threatens children, that is pornographic, vulgar, or defamatory;

(e) be responsible for any amounts charged by your network provider for data services or any other third party charges as may arise while using the Products (and if you are not the bill payer, Oculus will assume that you have received permission from the bill payer);

(f) not hide your identity, impersonate anyone else or misrepresent your affiliation with any person or entity;

(g) not use or attempt to use another user’s account without authorization from such user;

(h) not damage, disable, overburden or impair the functionality of the Products or Oculus platform in any matter, including by using any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by Oculus to access the Products or the Oculus platform or to extract data;

(i) not upload viruses, malware or other malicious code, or do anything that could damage, disable, overburden or impair Oculus or its related platforms or systems;

(j) install all Oculus updates to the Software;

(k) be solely responsible for any property damage, personal injury, or other damages that may occur in connection with use of the Products by you or any Authorized User, unless the damage or injury is caused solely by the gross negligence, willful misconduct, or fraud of Oculus; and

(l) not infringe upon or violate the rights of Oculus, its users or any third party.

Oculus may only be able to provide support to you if you use the Products in a country or territory that Oculus sells or ships to directly as set forth at https://www.oculusforbusiness.com/countries/ (each, an “Oculus Territory”), and makes no representations or warranties related to the compliance of the Hardware or Software outside of the Oculus Territories or Hardware or Software moved from one Oculus Territory to another Oculus Territory. You will not move or transport any Hardware outside of the Oculus Territories, and you agree to indemnify Oculus for any damages, expenses, liabilities, losses and costs, including reasonable fees of attorneys and other professionals, arising out of any such move or transport. You will be responsible for all legal, regulatory, and other logistical and compliance obligations which may arise in connection with use or transport of the Hardware or Software, whether in an Oculus Territory or not.

3. Disclaimers.

(a) Notices. Failure to install updates to the Software could result in impaired functionality of the Products, an inability for Oculus to provide you with Services or a delay in Limited Warranty coverage until such update(s) are installed. User Content or Third Party Content may not be interoperable between Consumer Software and Enterprise Software. Upon termination of any subscription to use Enterprise Software, (a) your content and Third Party Content may be removed from the Hardware and (b) Oculus does not guarantee that User Content or Third Party Content developed for your Hardware will be usable or compatible with the Consumer Software.

(b) Disclaimers. The Products are not designed to be error-free or fault-tolerant and any high risk use or other application where the failure of the Products would cause harm is at your and your Authorized Users’ own risk. EXCEPT AS MAY BE PROVIDED IN A SEPARATE LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND OCULUS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, AND OTHER LIABILITIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THAT THE PRODUCTS WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY OCULUS WILL CREATE A WARRANTY. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN LIABILITIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 3 MAY NOT APPLY.

4. Limitation of Liability. In no event will Oculus be responsible for any lost profits or revenues, consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, including but not limited to any diminution in value, loss of data, loss of use of the Products or any associated equipment, or cost of any replacement goods or substitute equipment, arising out of, or relating to, any deficiencies or failures of the Products which lead to an inability to operate or use the Software or Hardware (or any impairment in the operation or use thereof), even if Oculus has been advised as to the possibility of such damages. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some or all of the exclusions and limitations set forth in this Agreement may not apply to you. The aggregate liability of Oculus arising out of or relating to the use of or inability to use the Products will not exceed the total of the amounts paid by you for 1) the Hardware and 2) the Software and the Services in the previous 12 months.

5. Indemnification. You agree to indemnify, hold harmless, and defend Oculus, its affiliates, and its and their respective directors, employees, agents, officers, and representatives, from and against any and all actions, disputes, proceedings, or claims and associated damages, expenses, liabilities, losses and costs, including reasonable fees of attorneys and other professionals, arising out of or relating to (a) your violation of any applicable laws, rules, regulations, terms of the Agreement, or any other applicable terms, policies, warnings or instructions provided by Oculus or a third party in relation to the Products, including failure to obtain consent to collect data; (b) your or your third party developers or Authorized Users’ infringement, misuse, or misappropriation of the intellectual property or other proprietary rights of any third parties; (c) your or your Authorized Users’, actions, omissions, or use of the Products, including security breaches caused by you or your Authorized Users; and (d) the acts or omissions of any developers of Third Party Content or other third party collaborators used or engaged by you.

6. Use of Oculus Marks and Marketing. You are not granted any licenses to use any name, trademark, logo, design or service mark of Oculus or any of its affiliated entities (“Oculus Trademarks”) unless otherwise agreed to separately in a signed writing with Oculus.

7. Term/Termination.

(a)  Term. This Agreement will become effective on the date you purchase the Hardware and will remain effective until you and your Authorized Users cease use of the Products, or this Agreement is otherwise terminated in accordance with this Section 7.

(b)  Suspension and Termination. Oculus may suspend or terminate the Services or Software (or any portion thereof) if: (i) Oculus determines in its sole discretion that your use of the Products may cause an infringement action against Oculus, is fraudulent, is a security risk, or otherwise adversely impacts Oculus or its affiliates or the Products; (ii) Oculus is complying with a governmental request or law; or (iii) you are in breach of this Agreement or any portion of it. If you fail to cure the cause of any such suspension within 30 days, Oculus may terminate, in its discretion, (A) this Agreement and/or your rights to use the Services and Software; (B) your rights to the Enterprise Software and Enterprise Support; (C) your Limited Warranty; or (D) any portion of the foregoing.

(c)  Survival. Sections 4, 5, 6, and 13, 14, and 15 will survive any termination or expiration of this Agreement. Oculus will not incur any liability or responsibility if Oculus chooses to remove, disable, or delete such access or ability to use any or all portion(s) of the Software or Services.

8. Support. In addition to the Limited Warranty, Oculus will provide Enterprise Support for Hardware and Software during the following periods:

(a)  if an Enterprise Software license is available for purchase for the applicable Hardware, (i) from the date you purchase the Hardware until the expiration or earlier termination of the first Subscription Period and (ii) during any subsequent Subscription Period, or

(b) if no Enterprise Software license is available for purchase for the applicable Hardware, from the date you purchase the Hardware until the earlier of (i) the termination of this Agreement or (ii) the date support is no longer generally available for such Hardware.

Each of (a) and (b) are a “Support Period,” as applicable.

Enterprise Support will be provided as set forth in the Enterprise Support Services Agreement described at www.oculusforbusiness.com/enterprise-support-services/ (the “Support Agreement”). During the period that you are entitled to Enterprise Support, the terms of the Support Agreement will supersede the terms of the Limited Warranty, to the extent that they conflict. For clarity, during any period prior to the termination of this Agreement that is not a Support Period, Oculus will provide Consumer Support for Software and Hardware. Oculus has no obligation to provide support for Third Party Content or third party products.

9. Equipment; Software; and Updates. Certain equipment and software may be required to access and use the Services. In addition, you may need to update some of the Software you obtain through the Software or Services to keep the Software functioning properly, which could include bug fixes, patches, or other updates.

10. Your Use of the Services and Content.

(a)  Third Party Content. Your use of services, applications, or content provided by third parties (“Third Party Content”) made available through the Software or that you or your Authorized Users may otherwise load onto the Products may be subject to additional end user agreements, privacy policies, or other terms provided by such third parties. Oculus has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. You are solely responsible for acquiring and maintaining all appropriate licenses and rights to any Third Party Content. Oculus encourages you to review any third-party agreements and policies carefully before accessing, downloading or using Third Party Content.

(b)  User Content. Our Software may include interactive features and areas where you may submit, post, upload, publish, email, send, otherwise transmit, or interact with content, including, but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, “User Content”). Unless otherwise agreed to, Oculus does not own any content generated by you while using the Products or any other User Content. Oculus retains all rights to intellectual property that Oculus has made available through its Software (for example, images, designs, videos, or sounds Oculus provides that you add to content you create or share on the Oculus platform). You hereby grant (on behalf of yourself and Authorized Users) to Oculus and all of its affiliates a worldwide, non-exclusive, transferable, royalty-free, and fully sublicensable right to use, copy, display, store, adapt, publicly perform, and distribute any content (and any intellectual property rights embodied therein) that you make available for storage or other handling or processing by Oculus through your use of the Products together with any other User Content, in connection with the Products. This right will end when you delete such content or your account unless your content has been shared with other Oculus users and they have not deleted it. You irrevocably consent to all acts or omissions by Oculus or persons authorized by Oculus that may infringe any moral rights (or analogous right) in your content or User Content. If User Content includes music, you agree to the Music Guidelines set forth at http://www.oculus.com/legal/music-terms. You are solely responsible for the User Content you make available through the Software and you represent and warrant that (i) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to Oculus the rights specified in this Section 10; (ii) the provision of your User Content, and its subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations.

(c) Account Services; Registration. To access and use certain features of the Products, you may be required to register for other account or services that support the Products. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice at https://www.facebook.com/whitehat if you discover or otherwise suspect any security breaches related to the Services. Account services may be subject to additional terms.

11. Additional Terms.

(a)  Privacy Policy; Data. The Oculus for Business Privacy Policy, which is available at https://www.oculus.com/legal/privacy-policy/, as may be updated from time to time, sets forth Oculus’ treatment of data, including how Oculus collects, uses and discloses information through the Products and the Oculus platform. You are responsible for providing adequate privacy policies and disclosures to your personnel and obtaining any consents necessary from your personnel, Authorized Users, and any third parties that use the Products. To operate our global services, we may need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by Facebook Technologies, LLC, Facebook Technologies Ireland Limited, Facebook Inc., Facebook Ireland Limited, or their affiliates.

(b)  Other Terms. In the event Oculus provides you with new Products, upgrades to the Products, or a renewal of Enterprise Software, Oculus may present new or additional contract terms for those items. This Agreement is in addition to, and does not replace or change any other agreements you enter into with Oculus. You may be offered or required to access services provided by other Facebook Company Products (https://www.facebook.com/help/195227921252400), which may be subject to additional terms.

12. Export Compliance and U.S. Government Rights

(a)  You will comply with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations. You represent and warrant that you and each of your Authorized Users (i) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List, (ii) are not listed on the U.S. Department of Commerce Denied Persons List or Entity List or any other U.S. export control list, and (iii) will not use IP proxying or other methods to disguise the place of your residence.

(b)  The Products, including all related software, technical data and documentation, are “Commercial Items” as that term is defined in 48 C.F.R. §2.101. This customary commercial license is provided in accordance with FAR 12.211, FAR 12.212 (Software) and (as applicable) DFARS 252.227-7015 (DFARS 227.7202-3). If a U.S. Government agency has a need for any additional rights, it must negotiate directly with Oculus.

13. Governing Law; Dispute Resolution

(a)  The laws of the State of California (excluding its conflicts of law rules), to the extent not inconsistent with or preempted by United States federal law, govern the Agreement and your access to and use of the Products and the interpretation of this Agreement. The UN Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

(b)  To the extent the provisions in Section 13(c) do not apply, you further agree that all disputes, causes of action, claims or controversies arising from or relating to the Agreement and the Products or any other disputes under this Agreement (“Disputes”) will be resolved exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County, and each party agrees to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims to the extent allowed by law. Notwithstanding the foregoing, Oculus may submit any dispute, cause of action, claim or controversy relating to Oculus’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or other patents) to any court of competent jurisdiction.

(c) You and Oculus agree to waive any right to a jury trial and the right to have any Disputes resolved in any court, including a small claims court, and instead agree to resolve Disputes exclusively by binding, confidential arbitration on an individual basis. All Disputes will be resolved by a single arbitrator unless the value of the Dispute is greater than US $250,000, in which case the Dispute will be resolved by a panel of three arbitrators. You and Oculus (a) empower the arbitrator(s) with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of this Agreement, including the arbitrability of any Dispute and any claim that all or any part of the terms and conditions in this Agreement are void or voidable, and (b) agree to be bound by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). In the event that you and Oculus are unable to resolve a Dispute, then following thirty (30) days’ notice to the other Party, the Dispute shall be resolved by binding arbitration administered by (i) the American Arbitration Association (“AAA”) if you are headquartered in the U.S.A., or (ii) the International Chamber of Commerce (“ICC”) if you are not headquartered in the U.S.A. In the event AAA or ICC, as applicable, declines or is unable to administer the arbitration, you and Oculus will agree upon a substitute arbitration forum or arbitrator; if the parties cannot agree, a court having proper jurisdiction will appoint a substitute arbitration forum or arbitrator. Any AAA arbitration will be conducted in accordance with the AAA Commercial Arbitration Rules (“AAA Rules”). Any ICC arbitration will be conducted under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”). Any arbitration will be conducted in the English language and will take place in San Francisco, California, U.S.A., unless the parties agree otherwise in writing. The arbitrator(s) will be appointed in accordance with the AAA Rules or ICC Rules, as applicable. You and Oculus agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported class or representative proceeding. If a court or arbitrator decides that any of this Section 13(c)’s limitations cannot be enforced as to a particular request for relief, then that request for relief (and only that request for relief) must be severed from the arbitration and may be brought in court.

(d) To the extent permitted by applicable law, you and Oculus agree that any Dispute must be commenced or filed within one year after the occurrence of the event giving rise to such claim; otherwise, the Dispute is permanently barred.

14. Modifications to Software and Services. Oculus reserves the right to change, suspend, remove, discontinue or disable access to the Software or Services or particular portions thereof, at any time and without notice. In no event will Oculus be liable for the removal of or disabling of access to any portion or feature of the Software or Services.

15. Miscellaneous. This Agreement will not be construed so as to create a joint venture or partnership between Oculus and you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will (a) be deemed severable from this Agreement, (b) not affect the validity and enforceability of any remaining provisions, and (c) be interpreted so as to best accomplish its intended objectives. You may not assign this Agreement or any of the rights granted hereunder without the prior written consent of Oculus, except in connection with a merger, acquisition or sale of all or substantially all of your assets or by operation of law. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by Oculus and its respective successors and assigns. This Agreement may be amended or modified in a manner enforceable under law. Oculus may update the URLs in this Agreement at any time. This Agreement (including the Enterprise Software EULA and any other Appendices hereto) constitutes the entire agreement between the parties regarding its subject matter, and replaces all prior agreements, communications, and representations between the parties regarding its subject matter, including the consumer-edition Terms of Service found at https://www.oculus.com/p/legal/terms-of-service/. Any failure by the parties to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and will remain in full force and effect. Oculus may utilize an agent, subsidiary, or affiliate (including Facebook Technologies Ireland Limited for orders outside of the United States and Canada) to process payment and shipping. This Agreement was written in English (US). The parties expressly request that the Agreement and all related documents be drafted in English only. Les parties demandent expressément que la présente entente et les documents s’y afférents soient rédigés en anglais seulement.

16. Country-Specific Terms and Conditions. Special Provision for German Customers. If you are a licensee based in Germany using the Products under the terms and conditions of this Agreement, this Agreement will be modified as follows:

●   Section 4, Limitation of Liability, is deleted and replaced as follows:

(a) Liability for intent and gross negligence: In cases of intent or gross negligence we shall assume liability for damages attributable to a breach of duty on our part or on the part of one of our representatives or vicarious agents.

(b) Liability for slight negligence: In cases of slight negligence we shall assume liability for injury to life, body or health attributable to a breach of duty on our part or on the part of one of our representatives or vicarious agents. Apart from that the following restrictions shall apply with respect to slight negligence:

(i) With respect to the violation of duties which are part of the (i) contractually agreed main performance or (ii) of duties whose performance is a fundamental precondition for the proper fulfillment of the contract itself and on whose performance the contractual parties may regularly rely (hereinafter referred to as “Cardinal Duties”), we shall only assume liability for damages typical of such contract.

(ii) Liability for slight negligence shall be excluded for the violation of other than Cardinal Duties.

(iii) Liability for slight negligence shall be excluded for any Products that have been offered free of charge.

(c) Where, pursuant to this section, our liability is excluded or limited, the latter shall also apply to the personal liability of our employees, representatives or vicarious agents.

(d) Liability under product liability laws: Liability under mandatory product liability laws shall remain unaffected by the above clauses.

●  Warranty Rights. The following additional terms apply:

In the event of an error, instead of Section 3(b), you have the statutory warranty rights with Section 4 (Limitation of Liability) of these special terms and conditions designed for Germany applying to any liability.

●  Applicable Law, Jurisdiction. Instead of Sections 13(a) and 13(b), the following terms apply:

(a) This Agreement is subject to German law, excluding its conflicts of law rules, and excluding the UN Convention on the International Sale of Goods. Your access to and use of the Services and Content may also be subject to other local, state, national or international laws.

(b) Any disputes arising from this Agreement are subject to the exclusive jurisdiction of the courts where you have your habitual residence.

●  Termination. Instead of Section 7(a) and 7(b) of the Terms, the following applies:

We reserve the right to terminate your right to access and use the Software and Services if you are in material breach of these Terms, or any other terms or policies referenced herein. We will only terminate if, taking into consideration all circumstances and the interests of both parties, it would be unduly burdensome for us to continue the contractual relationship through the period of time until a termination for convenience would become effective. Unless such breach cannot be cured, we will provide a written request (e-mail being sufficient) to cure before terminating. Unless there are special circumstances which justify immediate termination (considering the interests of both parties), we will provide an appropriate amount of time to cure. We will only exercise this right within a reasonable amount of time after becoming aware of the breach.

Appendix A

Enterprise Software End User Subscription License Agreement

This Enterprise Software EULA is intended to govern and allow you to use Enterprise Software for your Commercial Organization. This Enterprise Software EULA is intended as a supplement to the Oculus for Business Enterprise Use Agreement (the “Agreement”) and is made part of and is governed by the Agreement, the terms of which are incorporated by reference herein. The Agreement will remain unchanged and in full force and effect except to the extent superseded below by the terms and conditions of this Enterprise Software EULA. In the event of any conflict or inconsistency between the Agreement and this Enterprise Software EULA, the terms of this Enterprise Software EULA will prevail. Capitalized terms that are used but not defined herein will be as defined in the Agreement.

1. Enterprise Software License Grant. Subject to your compliance with the terms and conditions of this Enterprise Software EULA and the Agreement, Oculus hereby grants you, during any Subscription Period, a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Enterprise Software, in your Commercial Organization, for end user commercial or business purposes and only for Authorized Users. This license is granted for one copy per Hardware purchase, solely for use as installed on and in connection with the Hardware and for use by Authorized Users in accordance with Section 2(a) of the Agreement.

2. Subscription Period. Subject to the terms of the Agreement (including Section 7), the term of this Enterprise Software EULA will begin as of the date of activation of your Enterprise Software pursuant to a valid subscription and continue for a one-year period (a “Subscription Period”). Upon the termination or expiration of this Enterprise Software EULA, your rights to the Software will revert to a license to Consumer Software pursuant to Section 1(a) of the Agreement.

3. Enterprise Support. During any Subscription Period, Oculus will provide Enterprise Support for the Products, as described at  www.oculusforbusiness.com/enterprise-use-agreement/. Oculus has no obligation to provide support for Third Party Content or third party products.

4. Software Downloads. You agree to download, install, and/or access the Enterprise Software promptly. If you are unable to download, install or access licensed Enterprise Software, please contact Oculus through https://support.oculus.com/.

5. Renewals. Renewals for the Enterprise Software and Enterprise Support will be subject to the then-current pricing and terms at the time of renewal.

This website uses cookies to enhance the browsing experience. By continuing you give us permission to deploy cookies as per our policy and cookies policy.