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-1.1/
This Agreement for Accessory Developers (“Agreement”) is a legal agreement between you (“you” or “Developer”) and Facebook Technologies, LLC formerly known as Oculus VR, LLC (“Oculus,” “we,” “us” or “our”) governing your access to and use of certain documents, CAD formatted drawings and designs, files and/or other materials (“Materials”) which Oculus may make available to you so you can develop Accessories (defined below).
BY DOWNLOADING, USING OR ACCESSING THE MATERIALS, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT DOWNLOAD, ACCESS OR USE THE MATERIALS. If you are accessing and using the Materials on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “Developer,” “you” and “your” will refer to that company or other legal entity.
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 to 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.
As used in this Agreement “Accessory” means a hardware accessory developed by you for specific use with Oculus products. An Accessory may either be designed by you or designed by Oculus – this will depend on whether or not the Materials you use include design specifications for Accessories for the Oculus Rift or Touch provided by Oculus. You can visit https://developer.oculus.com/downloads/ for more information and links to the current Materials made available by Oculus.
Subject to your compliance with the terms and conditions of this Agreement, Oculus grants you a non-exclusive, non-transferable, non-sublicenseable license to download, use and access the Materials to design, create, develop, distribute and sell Accessories in any and all forms and media now existing or hereafter created.
The Materials are the valuable property of Oculus and its licensors and are protected by copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Materials. While you own the physical Accessories you develop, Oculus and its licensors own and reserve all right, title and interest in and to the Materials (including, without limitation, any designs, drawings, specifications or documentation) and all intellectual property rights therein. The Materials cannot and will not be incorporated into or form any part of your Accessories. Except as explicitly granted in Section 4, you have no rights in or to the Materials, including implied licenses (either by implication, estoppel or otherwise) and 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, Oculus VR, Rift, and the Oculus logo ("Oculus Marks") are trademarks or registered trademarks of Facebook Technologies, LLC. The Oculus Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
a. Oculus does not refer, endorse, recommend, warrant, or guarantee any Accessories, products or services developed or provided by you and nothing will be considered as a referral, endorsement, recommendation, warranty or guarantee of the foregoing by Oculus. 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, or otherwise misrepresent your relationship with Oculus.
b. You will promptly notify Oculus of any threats or complaints regarding your Accessories or products that incorporate the Accessories. We have the right to investigate violations of this Agreement. We may also consult and cooperate with law enforcement authorities to prosecute Developers who violate the law or the rights of others.
You agree not to do any of the following:
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 acknowledge and agree that all Feedback will be the sole and exclusive property of Oculus. You hereby irrevocably transfer and assign to Oculus and agree to irrevocably assign and transfer to Oculus all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein. At Oculus’s request and expense, you will execute documents and take such further acts as Oculus may reasonably request to assist Oculus to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
You may terminate the license granted to you under this Agreement at any time by destroying all copies of the Materials in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from Oculus, if you breach any term of this Agreement, or if you otherwise create risk or possible legal exposure for us. Upon termination, you must at Oculus’s option either promptly destroy or return to Oculus all copies of the Materials in your possession or control.
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”), harmless 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 PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTY THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS OR REGARDING THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS.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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OCULUS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL ANY OF THE OCULUS PARTIES BE LIABLE (UNDER ANY THEORY OF LIABILITY) TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, 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. Relationship of the Parties. 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. Assignment. You may not assign this Agreement or any of the rights granted hereunder without the prior written consent of Oculus, and any attempted assignment without such consent will be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
c. Governing Law. 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. Injunctive Relief. 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. Severability. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
f. Entire Agreement. 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.
g. Non Waiver. Any failure by Oculus to insist upon or enforce performance by you of any of the provisions of this Agreement or 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 remain in full force and effect.
h. Contact Us. 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.