Warranty

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No Warranties or Liability. THE PROTOTYPE IS
PROVIDED “AS IS”. OCULUS EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS
(EXPRESS OR IMPLIED, ORAL OR WRITTEN), 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, loss of data or communications, or other unpredictable
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 products or services.
THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL
DAMAGES RELATING TO USE OF THE PROTOTYPE,
ALONE OR IN COMBINATION WITH OTHER OCULUS-
PROVIDED PRODUCTS OR SERVICES, WHETHER ARISING
OUT OF CONTRACT OR TORT, INCLUDING NEGLIGENCE,
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 OR IN COMBINATION WITH OTHER
OCULUS-PROVIDED PRODUCTS OR SERVICES, SHALL
NOT EXCEED $50. This provision is binding on you, your
spouse, your children, legal representatives, heirs, successors
and assigns.
Disputes. These Terms are governed by and construed in
accordance with California law, without regard to its conflict
of law provisions, and each party agrees to submit, and waives
any objection, to the exclusive jurisdiction of the courts in
San Mateo County, California for all purposes relating to
the Terms. The parties specifically exclude application of the
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 and effect.
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 each party.
Authority. You represent that you have the authority to agree
to these Terms. If you are an employee, you agree that you
have the authority to bind your employer to these Terms
without any further action, and reference to “you” and “your”
shall refer to you, your employer and any of its employees that
access or use the Prototype.