16
TM & © 2014 Oculus VR, LLC. All Rights Reserved.
TM & © 2014 Oculus VR, LLC. All Rights Reserved.
17
Oculus Rift Development Kit 2
INJUNCTION. Because Oculus would be irreparably damaged if these Terms and
Conditions were not specifically enforced, you agree that Oculus shall be entitled,
without bond, other security or proof of damages, to appropriate equitable remedies
with respect to breaches hereof, in addition to such other remedies as Oculus may
otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Oculus, its partners, licensors,
affiliates, contractors, officers, directors, employees and agents harmless from all
damages, losses and expenses, including attorneys’ fees (“Claims”) relating to your
use of the Product, your breach of these Terms and Conditions, or any third party
claims relating to your development of interactive software applications for use with
the headset, if any.
NO WARRANTIES OR SUPPORT. OCULUS PROVIDES THE PRODUCT “AS IS,”
WITHOUT WARRANTIES OR SUPPORT OF ANY KIND. OCULUS EXPRESSLY
DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCT, WHETHER ORAL OR
WRITTEN, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF THE TRADE OR
OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCULUS DOES
NOT AND WILL NOT PROVIDE ANY TECHNICAL OR CUSTOMER SUPPORT FOR
THE PRODUCT WHATSOEVER. IF ANY TECHNICAL SUPPORT OR ASSISTANCE
IS PROVIDED BY OCULUS WITH RESPECT TO THE PRODUCT AND THE USE
THEREOF, THE SUPPORT OR ASSISTANCE IS ALSO PROVIDED “AS IS”, WITHOUT
WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. OCULUS DOES NOT WARRANT THAT THE USE OR
OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU
BEAR ALL RISKS RELATING TO THE USE OF THE PRODUCT AND THE QUALITY
AND PERFORMANCE OF THE PRODUCT AND ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. NOTHING STATED BY ANY
OCULUS AGENT, AFFILIATE, SUPPLIER, OR IN ANY OTHER DOCUMENTATION
OR PACKAGING FOR THE PRODUCT SHALL SERVE TO GRANT ANY WARRANTY
PROTECTION BEYOND THE SCOPE OF THIS PARAGRAPH.
LIMITATION OF LIABILITY. OCULUS’ LIABILITY SHALL BE LIMITED TO THE PRICE
YOU ACTUALLY PAID TO OCULUS FOR THE PRODUCT OR TO REPLACEMENT
OF THE PRODUCT, AND YOU WILL NOT BE ENTITLED TO ANY OTHER REMEDY
REGARDLESS OF YOUR CLAIM. IN NO EVENT WILL OCULUS BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING FROM OR RELATING TO YOUR POSSESSION, USE, MISUSE,
OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION
DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR
MALFUNCTION, LOSS OF PROFITS OR REVENUE, ATTORNEYS’ FEES, DOWN-
TIME COSTS, LOSS OF USE OF EQUIPMENT, OR ANY OTHER CLAIM WHETHER
IN NEGLIGENCE, STRICT LIABILITY, OR OTHER PRODUCT LIABILITY THEORIES.
THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT SUCH
DAMAGES ARE FORESEEABLE AND WHETHER OR NOT OCULUS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN LIABILITIES SUCH AS
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE
OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
