Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.
The text of this may be found at: https://developer.oculus.com/licenses/accessory-developers-1.0/
This Agreement for Accessory Developers (“Agreement”) is between you and Facebook Technologies, LLC formerly known as Oculus VR, LLC (“Oculus”) concerning your use of certain documents, designs, files and/or other materials (“Materials”) that Oculus makes available to you for the development of accessories for Oculus products (“Accessories”).
The Materials are made available to you for informational purposes in connection with your development of Accessories (the “Authorized Purpose”) and your access to or use of the Materials constitutes your consent to this Agreement.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE MATERIALS ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both the individual using the Materials and to any such Organization.
Oculus may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement at https://developer.oculus.com/licenses. Any such changes will not apply to any dispute between you and us arising prior to the date on which Oculus posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access of the Materials following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Materials; charge, modify or waive any fees required to use the Materials; or offer opportunities to some or all users of the Materials.
You will comply, and will cause all Authorized Personnel to comply, with the following restrictions:
(a) The Materials may not be tested, evaluated, reverse engineered or otherwise used in connection with any headsets or other products that are competitive with the products of Oculus;
(b) The Materials may not be used to develop a product or service competitive with Oculus’ headsets or platform;
(c) Any security features, tracking features, and other security measures in the Materials may not be modified, removed or disabled; and
(d) The Materials must be used in accordance with all applicable, laws, regulations and policies and you must promptly notify Oculus of any threats or complaints regarding products that incorporate the Accessories, in which case Oculus may limit or terminate your ability to make, sell or purchase additional Accessories.
The Materials are the valuable property of Oculus and its licensors. There are no implied licenses granted to you (by implication, estoppel or otherwise), and Oculus and its licensors own and reservation all right, title and interest in and to the Materials. Without limiting the foregoing, you understand and agree that no licenses or other rights to patents, copyrights, trademarks or other intellectual property rights are granted to you, and that any such licenses or rights would require separate consideration under a separate agreement with Oculus. Oculus has no obligation to grant any such licenses or rights. Oculus shall not be responsible for, and does not endorse, any products or accessories developed by you unless and until Oculus provides written approval of such. You will not, and will not permit any third party acting on your behalf to, issue any press release or make any public statement that states or implies that any Accessory or any other product is endorsed, approved, certified or recommended by Oculus. You agree to follow any guidelines that Oculus makes available to you regarding the use of Oculus trademarks, as such guidelines may be modified from time to time. You agree not to use the marks “Facebook Technologies,” “Oculus,” “Oculus VR,” “Rift,” the Oculus logo or any other marks belonging to or licensed to Oculus in any way except as expressly authorized by Oculus in each instance or as permitted in the trademark guidelines. You agree that all goodwill arising out of your authorized use of Oculus’s trademarks will inure to the benefit of Oculus.
If you provide any ideas, suggestions or recommendations to Oculus regarding the Materials (“Feedback”), Oculus is free to retain, use and incorporate such Feedback in Oculus’ and/or its affiliates’ products and/or services, without payment of royalties or other consideration to you.
You will defend, indemnify and hold harmless Oculus and its affiliates, and each of their respective directors, officers, employees, agents, contractors and suppliers (collectively, “Oculus Parties”), from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable attorney and expert witness fees) arising out of or related to (a) your use of or inability to use the Materials, including, without limitation, any claims that any Accessory infringes any patent, copyright, trade secret or other intellectual property right, (b) the manufacture, use, promotion, distribution, sale offer for sale, import, other distribution or exploitation or performance of any Accessory or product incorporating any Accessory, including any personal injury or product liability claims or (c) your breach of this Agreement. You will not, without Oculus’s prior written consent, make any admissions of liability, enter into any settlement that imposes any obligation on Oculus, or publicize any settlement details relating to Oculus.
THE MATERIALS ARE BEING MADE AVAILABLE TO YOU ONLY FOR THE AUTHORIZED PURPOSE. THE MATERIALS ARE PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. USE OF THE MATERIALS IS AT YOUR OWN RISK AND MAY RESULT IN DAMAGE TO PROPERTY, PHYSICAL INJURY, OR OTHER UNINTENDED CONSEQUENCES. OCULUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE) REGARDING THE MATERIALS AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL ANY OF THE OCULUS PARTIES BE LIABLE (UNDER ANY THEORY OF LIABILITY) FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF AN OCULUS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE OCULUS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND CLAIMS UNDER OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT OF US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE OCULUS PARTIES WILL INSTEAD BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(a) The parties are independent contractors and not partners, agents or joint venturers with each other. Neither party will make any commitment, by contract or otherwise, binding upon the other or represent that it has any authority to do so. This is not an exclusive agreement. This Agreement does not create an obligation of either party to enter into a contract, subcontract or other business relationship. Oculus is not required to commercialize any Materials, or any products based on or related to them. Oculus may abandon the Materials and any development related to them at any time in its discretion without any obligation to you.
(b) Neither party may assign this Agreement without the prior written consent of the other party and any attempt to do so will be null and void; however, Oculus may assign this Agreement without consent to (i) any affiliate or (ii) any entity in connection with a reorganization, merger, consolidation, acquisition, or other transaction involving all or substantially all of the voting securities or assets of Oculus. For purposes of the foregoing, a change of control of your Organization will be deemed to be an assignment by your Organization requiring the consent of Oculus. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns.
(c) This Agreement will be governed and construed under the laws of the State of California without regard to conflicts of law provisions. Neither party will commence or prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement other than in the state or federal courts located in San Mateo County, California. Each party irrevocably submits to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
(d) In the event of your breach of this Agreement, Oculus may suffer irreparable harm and have no adequate remedy at law. In such event or the threat of any such event, Oculus will be entitled (in addition to all other remedies) to seek injunctive relief, specific performance and other equitable remedies without proof of monetary damages or the inadequacy of other remedies, and without necessity of posting a bond or other security.
(e) This Agreement is the entire agreement of the parties and supersedes all previous or contemporaneous agreements between the parties relating to its subject matter. This Agreement may only be modified or amended in a writing signed by the parties.
(f) No provision of this Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except specifically in a writing signed by the waiving party. If any provision is deemed by a court unenforceable or invalid, that provision will be stricken or modified and the remainder of this Agreement will be in full force and effect.
(g) If you have any questions or concerns regarding this Agreement or the Materials, please contact us through the support portal at https://support.oculus.com.