
4
5
No Warranties or Liability.
THE PROTOTYPE IS
PROVIDED“ASIS”.OCULUSEXPRESSLYDISCLAIMSALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS
(EXPRESSORIMPLIED,ORALORWRITTEN),INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. Without limiting the generality of the
foregoing, you agree that: (a) the Prototype may not operate
properly and may contain errors, design flaws or other
problems; (b) use of the Prototype may result in unexpected
results,lossofdataor communications,orotherunpredictable
damage or loss; (c) Oculus is under no obligation to release
a commercial version of the Prototype, and (d) Oculus
has the right to abandon development of the Prototype.
You hereby release, and agree not to pursue any suit or
claim against, Oculus and its affiliates, officers, directors,
employees, consultants, developers and independent
contractors (“
Released Parties
”) from any and all liabilities
for accidents, injuries, or other claims, whether known or
unknown, relating to your use of the Prototype, alone or in
combination with other Oculus-provided productsor services.
THE RELEASEDPARTIESWILLNOT BE LIABLE FORANY
CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL
DAMAGES RELATING TO USE OF THE PROTOTYPE,
ALONE OR IN COMBINATION WITH OTHER OCULUS-
PROVIDEDPRODUCTS ORSERVICES,WHETHERARISING
OUTOFCONTRACTORTORT,INCLUDINGNEGLIGENCE,
WARRANTY, STRICT LIABILITY, OR OTHERWISE, EVEN
IF OCULUS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF
THE RELEASED PARTIES RELATING TO USE OF THE
PROTOTYPE,ALONE ORIN COMBINATION WITH OTHER
OCULUS-PROVIDED PRODUCTS OR SERVICES,SHALL
NOT EXCEED $50. This provision is binding on you, your
spouse,yourchildren,legalrepresentatives,heirs,successors
and assigns.
Disputes.
These Terms are governed byand construed in
accordancewith Californialaw,without regard toits conflict
oflaw provisions, andeachparty agreestosubmit, andwaives
any objection, to the exclusive jurisdiction of the courts in
San Mateo County, California for all purposes relating to
theTerms.Thepartiesspecificallyexcludeapplicationofthe
U.N. Convention on Contracts for the Int’l Sale of Goods.
Failure by either party to enforce any provision of these
Terms shall not be deemed a waiver of future enforcement
of that or any other provision. If any provision is adjudged
by a court of competent jurisdiction to be unenforceable,
invalid, or otherwise contrary to law, such provision shall be
interpreted so as to best accomplish its intended objectives
and the remaining provisions of the Terms shall remain in
full force andeffect.
Miscellaneous.
These Terms supersede any other prior or
collateral agreements, whether oral or written, with respect
to the Prototype, with the exception of the Additional
Obligations. No waiver or modification of these Terms will
be binding unless made in writing and signed by a duly
authorized representative of eachparty.
Authority.
Yourepresentthatyouhavetheauthoritytoagree
tothese Terms. If you are anemployee, youagree thatyou
have the authority to bind your employer to these Terms
withoutanyfurtheraction,and referenceto“you”and“your”
shallrefertoyou,youremployerandanyofitsemployeesthat
access or use thePrototype.