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Oculus for Business

Enterprise Use Agreement

Last Updated: October 11, 2020

This Oculus for Business Enterprise Use Agreement (this “Agreement”) is between you and Facebook, Inc., unless you reside in the “European Region” as deﬁned in https://www.oculus.com/legal/territories, in which case this Agreement is with Facebook Ireland Limited (each, “Facebook,” “we,” “our,” or “us” as applicable). References to “you” or “your” refer to your organization that is purchasing the Products (deﬁned below) on whose behalf you have the authority to bind. “Hardware” means the Consumer Hardware and Enterprise Hardware and accessories included in the head-mounted display package, such as any power adapters, controllers, facial interfaces, eyeglass spacers, and charging cables, in each case excluding any software.

This Agreement applies to and governs the following:

Consumer Products,” which include the below consumer components used in connection with this Agreement:
- Oculus for Business Oculus Rift-S and Oculus Go (“Consumer Hardware”);
- Facebook-provided software that is pre-installed on the Consumer Hardware, including any Facebook-provided updates (“Consumer Software”); and
- Consumer level support provided for Consumer Hardware and Consumer Software (“Consumer Support”).

For information about the warranty for the Consumer Products, visit: https://www.oculus.com/legal/limited-warranty/.

“Enterprise Products,” which include the below enterprise components used in connection with this Agreement:
- Oculus for Business Oculus Quest and Quest 2 (“Enterprise Hardware”)
- The Facebook-provided enterprise software that Facebook makes available to you during any Subscription Periods (defined below) for use in connection with this Agreement and on the Enterprise Hardware, which includes any Facebook-provided updates and Facebook-provided website and mobile software designed for administration of the Enterprise Products (the “Enterprise Software”); and
- Enterprise level support provided for Enterprise Software and Enterprise Hardware during any Subscription Period (“Enterprise Support”).

Your use of the Enterprise Products is subject to the Oculus for Business Limited Warranty, incorporated by reference, and set forth at https://business.oculus.com/legal/warranty-info/ (the “Limited Warranty”), which is offered by Facebook Technologies, LLC, a Facebook affiliate. The Limited Warranty will cover the Enterprise Products for the “Warranty Period” set forth in Section 2(c) of the Limited Warranty. Renewal of a license to Enterprise Software does not extend the Limited Warranty. For clarity, the Limited Warranty does not cover Consumer Products.

“Products” means either the Consumer Products or Enterprise Products; “Software” means either the Consumer Software or the Enterprise Software; and “Support Services” means either the Consumer Support or the Enterprise Support.

1.
Commercial Organization License.
1. a.
  Enterprise Software License.
  i.
  Conditioned on your compliance with this Agreement, during any Subscription Period, Facebook hereby grants you and your Authorized Users, a limited, non-exclusive, non-sublicensable, revocable, nontransferable license to access and use the Enterprise Software, in your Commercial Organization, for end user commercial or business purposes as follows: (A) one copy of the Enterprise Software per headset purchase, solely for use as installed on and in connection with the Enterprise Hardware and for use by Authorized Users in accordance with Section 2(a) of this Agreement; (B) one copy of the Device Manager Mobile Application provided by Facebook for each Workplace account held by you, not to exceed 100 copies; and (C) access to the web site software and services provided by Facebook for use with the Enterprise Software, solely as needed for administrative purposes for the Enterprise Products. “Commercial Organization” means any person, entity or organization that is not a personal or consumer user. Commercial Organizations include for-proﬁt, non-proﬁt, and other non-consumer proprietorships or entities.
  ii.
  Your license under the Enterprise Software will start on the earlier of: (A) the date you provision the Enterprise Software using the Device Manager Mobile Application; or (B) 90 days after your headset is shipped, and continues for a one-year period (a “Subscription Period”). If you don’t renew your license to the Enterprise Software under this Agreement, your rights to the Enterprise Software will terminate and your right to use Software will become a license to Consumer Software pursuant to Section 1(b) of this Agreement. You may, either immediately following a Subscription Period or at any point after, renew your Enterprise Software license for additional Subscription Periods. If any Subscription Period follows any non-Subscription Period, then the Enterprise Software will need to be reactivated and the new Subscription Period will begin on the earlier of the date you provision the Enterprise Software using the Device Manager Mobile Application or 90 days after renewal. Renewals for the Enterprise Software and Enterprise Support will be subject to the then-current pricing and terms at the time of renewal.
2. b.
  Consumer License. Subject to the terms of this Agreement, Facebook hereby grants you and your Authorized Users (defined below), a limited, non-exclusive, non-sublicensable, revocable, nontransferable license to access and use the Consumer Products, in your Commercial Organization, for end user commercial or business purposes, conditioned on your compliance with this Agreement.
3. c.
  License Restrictions. Unless separately approved in writing by Oculus, you will not, in connection with any use of the Software and the Support Services under this Agreement:
  i.
  use or provide the Software or the Support Services for personal, non-business, or non-commercial purposes;
  ii.
  bypass or override the Oculus Device Manager Mobile Application, web application, or platform services, for example by creating a custom application launcher in kiosk mode that gives users access to multiple applications without returning to the Oculus homepage or creating proprietary interfaces, application programming interfaces, or a third-party application store or marketplace; provided that up to 10 of your Hardware may be in developer mode at any time, which may allow your Hardware to bypass certain Oculus platform services if used in accordance with the applicable requirements of developer mode;
  iii.
  provide, transfer, resell, lease, lend, rent, use as a service or otherwise make available (including in commercial enterprises, or as a part of a location-based experience, arcade, or other hospitality entertainment offering), the Products, Software, Oculus platform, or Support Services to end users or any other third party except as set forth in the Headset Extended Community Addendum found at https://business.oculus.com/legal/headset-extended-community-license/;
  iv.
  use, copy, adapt, modify, decompile, reverse engineer, reverse assemble, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit all or any portion of the Software, or convert the Software from object code to human readable form, except as set forth in this Agreement;
  v.
  use services, applications, or content not provided by Facebook (“Third Party Content”) unless, if applicable, any relevant third party grants you a license to use such Third Party Content and your use of such Third Party Content with the Products does not violate such license;
  vi.
  circumvent or attempt to avoid any ﬁltering, security measures or other features designed to protect the Software, the Oculus platform, or third parties; or
  vii.
  modify the tracking functionality (including the implementation of any custom co-location functionality) on your Software or disable, modify, or interfere with the Oculus Guardian System in a way that is not permitted through the normal use of the Device Manager Mobile Application.
4. d.
  No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you under this Agreement.
2.
Your Responsibilities. In connection with this Agreement, you will (and will cause your Authorized Users to, as applicable):
1. a.
  be solely responsible for the use of the Products in compliance with this Agreement by you and any of your aﬃliates, employees, agents or subcontractors, and your end users that you allow to use the Products under your supervision and control (“Authorized Users”) and you agree to notify your Authorized Users of and ensure their compliance with the terms and conditions of this Agreement;
2. b.
  ensure that any natural person you allow to use the Products is at least 13 years old;
3. c.
  not remove, alter, obstruct, reject, or violate any operational instructions, warnings, disclaimers, notices, directions, guidelines, and other information printed on or provided with the Products and any relevant packaging in the use of the Hardware or any ﬁrst party accessories that you use with the Hardware, including all Health and Safety warnings found at https://www.oculus.com/legal/health-and-safety-warnings/, and you will ensure that all Authorized Users are provided with, read, and follow such guidance;
4. d.
  not access or use the Products for any activity that: (i) violates this Agreement, laws, rules, regulations, or any other policies; (ii) exploits, harms or threatens children; or (iii) is pornographic, vulgar, or defamatory;
5. e.
  be responsible for any third-party charges relating to the Products, including data service charges that arise from using the Products (and if you are not the bill payer, Facebook will assume that you have received permission from the bill payer);
6. f.
  not hide your identity, impersonate another user, or misrepresent your aﬃliation with any person or entity;
7. g.
  not use or attempt to use another user’s account without permission from such user;
8. h.
  not damage, disable, overburden or impair the functionality of the Products or Oculus platform or its related systems in any manner, including but not limited to uploading viruses, malware or other malicious code, or using any robot, spider, crawler, scraper or other automated program or interface not provided or authorized by Facebook to access the Products or the Oculus platform or to extract data;
9. i.
  not infringe or violate the rights of Facebook, its users, or any third party; and
10. j.
  comply with the terms of the Oculus Conduct in VR Policy (provided at https://support.oculus.com/1694069410806625) and Community Standards (also known as the Facebook Rules) (provided at https://www.facebook.com/communitystandards/), and when using the Enterprise Products, the Workplace Acceptable Use Policy (provided at https://www.workplace.com/work/legal/FB_Work_AUP/).
3.
Support
1. a.
  Availability of Support. Facebook is only able to provide support to you if you use the Products in the European Economic Area or a country or territory that Facebook or its affiliates sells or ships to directly as set forth at https://business.oculus.com/countries/ (collectively with the European Economic Area, the “Oculus Territories” and each, an “Oculus Territory”). Facebook makes no representations or warranties related to the legal, regulatory, and other logistical compliance obligations of the Products outside of the Oculus Territories or to the legal, regulatory, and other logistical compliance obligations of Hardware or Software moved from one Oculus Territory to another Oculus Territory. You will be responsible for all legal, regulatory, and other logistical compliance obligations that may arise in connection with the use or transport of the Products, whether in an Oculus Territory or not. You agree to indemnify Facebook for any damages, expenses, liabilities, losses and costs, including reasonable fees of attorneys and other professionals, arising out of the legal, regulatory, and other logistical compliance obligations arising from any such move or transport.
2. b.
  Enterprise Support. In addition to the Limited Warranty, Facebook will provide Enterprise Support for Enterprise Hardware and Enterprise Software pursuant to the Enterprise Support Services Agreement (found at: https://business.oculus.com/legal/enterprise-support-services-agreement/) (the “Support Agreement”) during the Warranty Period set forth in the Limited Warranty, and during any subsequent Subscription Period (“Support Period(s)”). During any Support Period, the terms of the Support Agreement will supersede the terms of the Limited Warranty, to the extent that they conﬂict. Facebook may use its affiliates, contractors, and third-party vendors and service providers to provide Enterprise Support.
3. c.
  Consumer Support. Unless a Support Period is in eﬀect, Facebook will provide Consumer Support for the Consumer Products.
4. d.
  Facebook has no obligation to provide support for Third Party Content or any product not provided to you by Facebook.
4.
Equipment; Software; and Updates. You might need certain equipment and software to access and use the Support Services. In addition, you may need to update the Software to keep the Software functioning properly, which could include bug ﬁxes, patches, security updates or other updates.
5.
Disclaimers.
1. a.
  Notices. Failure to install updates to the Software could result in impaired functionality of the Products, security vulnerabilities, or an inability for Facebook to provide you with Support Services or a delay in Limited Warranty coverage until such update(s) are installed. Third Party Content may not be interoperable between the Consumer Software and Enterprise Software. Your Enterprise Hardware may run either Consumer Software or Enterprise Software. Moving between Consumer Software and Enterprise Software may require a factory reset and may result in loss of content. Upon termination of your Subscription Period, (i) Third Party Content may be removed from the Enterprise Hardware and (ii) Facebook does not guarantee that Third Party Content developed for your Enterprise Hardware will be usable or compatible with the Consumer Software.
2. b.
  Disclaimers. The Products are not designed to be error-free or fault-tolerant and any high risk use or other application where the failure of the Products could cause harm is at your and your Authorized Users’ own risk. EXCEPT AS MAY BE PROVIDED IN A SEPARATE LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FACEBOOK HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, AND OTHER LIABILITIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THAT THE PRODUCTS WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY FACEBOOK WILL CREATE A WARRANTY. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN LIABILITIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 5 MAY NOT APPLY.
6.
Limitation of Liability. In no event will Facebook or its aﬃliates be responsible for any lost proﬁts or revenues, consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, including but not limited to any diminution in value, loss of data, loss of use of the Products or any associated equipment, or cost of any replacement goods or substitute equipment, arising out of, or relating to acts of any third parties or any deﬁciencies or failures of the Products (or any impairment in the operation or use thereof), even if Facebook has been advised as to the possibility of such damages. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some or all of the exclusions and limitations set forth in this Agreement may not apply to you. The aggregate liability of Facebook or its aﬃliates arising out of or relating to your use of or inability to use the Products, or other matters relating to this Agreement will not exceed the total amount paid by you for the Products in the 12 months prior to the relevant claim.
7.
Indemniﬁcation. You agree to indemnify, hold harmless, and defend Facebook, its aﬃliates, and its and their respective directors, employees, agents, oﬃcers, and representatives, from and against any and all actions, disputes, proceedings, or claims and associated damages, expenses, liabilities, losses and costs, including reasonable fees of attorneys and other professionals, arising out of or relating to (a) your, your third party developers, or Authorized Users’ violation of any applicable laws, rules, regulations, terms of this Agreement, or any other applicable terms, policies, warnings or instructions provided by Facebook or a third party in relation to the Products, including failure to provide adequate privacy disclosures or to obtain consent to collect data; (b) your, your third party developers or Authorized Users’ infringement, misuse, or misappropriation of the intellectual property or other proprietary rights of any third parties; (c) your or Authorized Users’, actions, omissions, or use of the Products, including personal injury, property damage, or security breaches caused by you or your Authorized Users; and (d) the acts or omissions of any developers of Third Party Content or other third party collaborators used or engaged by you.
8.
Use of Facebook Marks and Marketing. You are not granted any licenses to use any name, trademark, logo, design or service mark of Facebook or any of its aﬃliated entities unless otherwise agreed to separately in a signed writing with Facebook.
9.
Term/Termination.
1. a.
  Term. This Agreement will become eﬀective on the date you purchase the Hardware and will remain eﬀective until you and your Authorized Users dispose of the Products, or this Agreement is otherwise terminated in accordance with this Section 9.
2. b.
  Suspension and Termination. Facebook may suspend or terminate the Support Services or your license to the Software (or any portion thereof) if: (i) Facebook determines in its sole discretion that your use of the Products may cause an infringement action against Facebook, is fraudulent, is a security risk, or otherwise adversely impacts Facebook or its aﬃliates or the Products; (ii) you are in breach of this Agreement or any portion of it; or (iii) Facebook is complying with a governmental request or law. If you fail to cure the cause of suspension under Section 9(b)(i) or (b)(ii) within 30 days, Facebook may terminate, in its discretion: (A) this Agreement and/or your rights to use the Support Services and Software; (B) your rights to the Enterprise Software and Enterprise Support; (C) your consumer warranty or Limited Warranty; or (D) any portion of (A)-(C) above.
3. c.
  Survival. Sections 6, 7, 8, 9(c), 13, 14, and 15 will survive any termination or expiration of this Agreement. Facebook will not incur any liability or responsibility if Facebook chooses to remove, disable, or delete your access or ability to use any or all portion(s) of the Software or Support Services upon such termination or expiration.
10.
Third Party Content.
1. a.
  Third Party Content. Your use of Third Party Content made available through the Software or that you or your Authorized Users may otherwise load onto the Products may be subject to additional end user agreements, privacy policies, or other terms provided by such third parties. Facebook has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. You are solely responsible for acquiring and maintaining all appropriate licenses and rights to any Third Party Content. Facebook encourages you to review any third-party agreements and policies carefully before accessing, downloading or using Third Party Content. You will not advertise, promote or market Third Party Content with the Hardware in a manner that might lead a third party to believe that the Third Party Content is endorsed and/or owned by Facebook, unless otherwise agreed to in writing.
2. b.
  Account Services; Registration. To access and use the Enterprise Software, you will be required to use a Workplace account subject to the terms at https://www.facebook.com/legal/FB_Work_EnterpriseAgreement. You also may be required to register for other accounts or services that support the Products. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice at https://www.facebook.com/whitehat if you discover or otherwise suspect any security breaches related to Workplace, Oculus, or any services. Account services may be subject to additional terms.
11.
Additional Terms.
1. a.
  Privacy Policies.
  i.
  At any point during which you are operating Enterprise Software, the Oculus for Business Privacy Disclosure, which is available at https://business.oculus.com/legal/enterprise-privacy-disclosure/, is applicable to your use of Enterprise Software and Enterprise Support. It covers how we collect, use, and disclose data related to your Authorized Users through the Products and our platform. We may update the Oculus for Business Privacy Disclosure from time to time, including to conform more closely with the Facebook, Inc. data policy (for example in the event of an assignment to Facebook, Inc.); and
  ii.
  At any point during which you are operating Consumer Software, the Oculus Privacy Policy available at https://www.oculus.com/legal/privacy-policy/, as may be updated from time to time, is applicable to your use of Consumer Software and Consumer Support.
2. b.
  Data.
  i.
  Notwithstanding anything contained in the Oculus for Business Privacy Disclosure, you are and at all times remain responsible for providing adequate privacy notices and disclosures (including the applicable disclosure set forth in Section 11(a)) and obtaining any consents necessary from, your personnel, Authorized Users, and any third parties that use the Products, with respect to any personal information collected or processed using the Products. Prior to allowing an Authorized User to use the Enterprise Software, you will obtain prior written authorization from such Authorized User to act as such Authorized User’s legally authorized representative for purposes of consenting to data collection through the Enterprise Software. To operate our global services, we may need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by Facebook Technologies, LLC, Facebook Technologies Ireland Limited, Facebook, Inc., Facebook Ireland Limited, or their aﬃliates.
  ii.
  European Region. If you or any of your Authorized Users reside in the European Region, the Oculus for Business Data Processing Addendum, available at https://business.oculus.com/legal/data-processing-addendum/, supplements and is made part of this Agreement.
  iii.
  California. For purposes of this Section 11(b)(iii), the terms “Business,” “Business Purpose,” “Commercial Purpose,” “Personal Information,” “Sale,” and “Service Provider” have the meanings defined in the California Consumer Privacy Act (“CCPA”). To the extent that, for purposes of the CCPA, you are a Business and your sharing with Facebook of Personal Information about California residents under this Agreement relating to use of the Enterprise Products otherwise constitutes a Sale:
  a.
  Facebook will process such Personal Information as a Service Provider on your behalf for one or more Business Purposes for performing the services specified in this Agreement and/or as otherwise permitted by the CCPA, and will be prohibited from retaining, using, or disclosing such Personal Information other than for the specific Business Purposes, including retaining, using, or disclosing such Personal Information for a Commercial Purpose other than performing the Business Purposes.
  b.
  You will provide notice of such sharing with Facebook consistent with the requirements of the CCPA, and will be solely liable for your compliance with the CCPA.
  c.
  You and Facebook agree that the existence of this Section 11(b)(iii) does not constitute an admission that sharing of Personal Information constitutes a Sale.
3. c.
  Other Terms
  i.
  In the event Facebook provides you with new Products, upgrades to the Products, or a renewal of Enterprise Software, Facebook may present new or additional contract terms for those items. This Agreement is in addition to, and does not replace or change any other agreements you enter into with Facebook. You may be oﬀered or required to access services provided by other Facebook companies (https://www.facebook.com/help/195227921252400), which may be subject to additional terms.
12.
Export Compliance and U.S. Government Rights
1. a.
  You agree to comply with all export and import laws and regulations of the United States, including without limitation, the U.S. Export Administration Regulations, and of other applicable jurisdictions. Without limiting the foregoing, you represent and warrant that you and each of your Authorized Users are not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country.
2. b.
  The Products, including all related software, technical data and documentation, are “Commercial Items” as that term is deﬁned in 48 C.F.R. §2.101. This customary commercial license is provided in accordance with FAR 12.211, FAR 12.212 (Software) and (as applicable) DFARS 252.227-7015 (DFARS 227.7202-3).
13.
Governing Law; Dispute Resolution
1. a.
  The laws of the State of California (excluding its conﬂicts of law rules), to the extent not inconsistent with or preempted by United States federal law, govern this Agreement and your access to and use of the Products and the interpretation of this Agreement. The UN Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
2. b.
  You and Facebook agree to waive any right to a jury trial and the right to have any Disputes (as deﬁned below) resolved in any court, including a small claims court, and instead agree to resolve Disputes exclusively by binding, conﬁdential arbitration on an individual basis. All Disputes will be resolved by a single arbitrator unless the value of the Dispute is greater than US $250,000, in which case the Dispute will be resolved by a panel of three arbitrators. You and Facebook (i) empower the arbitrator(s) with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of this Agreement, including the arbitrability of any Dispute and any claim that all or any part of the terms and conditions in this Agreement are void or voidable, and (ii) agree to be bound by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). In the event that you and Facebook are unable to resolve a Dispute, then following 30 days’ notice to the other party, the Dispute shall be resolved by binding arbitration administered by (A) the American Arbitration Association (“AAA”) if you are headquartered in the U.S.A., or (B) the International Chamber of Commerce (“ICC”) if you are not headquartered in the U.S.A. In the event AAA or ICC, as applicable, declines or is unable to administer the arbitration, you and Facebook will agree upon a substitute arbitration forum or arbitrator; if the parties cannot agree, a court having proper jurisdiction will appoint a substitute arbitration forum or arbitrator. Any AAA arbitration will be conducted in accordance with the AAA Commercial Arbitration Rules (“AAA Rules”). Any ICC arbitration will be conducted under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”). Any arbitration will be conducted in the English language and will take place in San Francisco, California, U.S.A., unless the parties agree otherwise in writing. The arbitrator(s) will be appointed in accordance with the AAA Rules or ICC Rules, as applicable. You and Facebook agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported class or representative proceeding. If a court or arbitrator decides that any of this Section 13(b)’s limitations cannot be enforced as to a particular request for relief, then that request for relief (and only that request for relief) must be severed from the arbitration and may be brought in court.
3. c.
  To the extent the provisions in Section 13(b) do not apply, you further agree that all disputes, causes of action, claims or controversies arising from or relating to this Agreement and the Products or any other disputes under this Agreement (“Disputes”) will be resolved exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County, and each party agrees to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims to the extent allowed by law. Notwithstanding the foregoing, Facebook may submit any dispute, cause of action, claim or controversy relating to Facebook’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or other patents) to any court of competent jurisdiction.
4. d.
  To the extent permitted by applicable law, you and Facebook agree that any Dispute must be started or ﬁled within one year after the incident that caused such claim; otherwise, the Dispute is permanently barred.
14.
Modiﬁcations to Software and Support Services. Facebook reserves the right to change, suspend, remove, discontinue or disable access to the Software or Support Services or particular portions thereof, at any time and without notice. In no event will Facebook be liable for the removal of or disabling of access to any portion or feature of the Software or Support Services.
15.
Feedback. Your feedback helps Facebook make the Products better. Please note that there is a chance Facebook will use it, and you assign to Facebook all right, title and interest in and to any feedback or suggestions you may give Facebook regarding the Products, without any right to compensation from Facebook. You represent and warrant that you have the authority to do so.
16.
Force Majeure. Facebook is not liable for any failure or delay to perform its obligations under this Agreement where the failure is due to anything beyond its reasonable control (for example, acts of God, natural disasters, ﬁre, ﬂood, acts of terror, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation).
17.
Miscellaneous.
1. a.
  This Agreement is the entire agreement between the parties regarding your access to and use of the Products and supersedes any prior representations or agreements relating to the Products, including the consumer-edition Terms of Service found at https://www.oculus.com/p/legal/terms-of-service or https://www.oculus.com/legal/terms-for-oculus-account-users, as applicable, unless otherwise set forth in this Agreement. Headings are for convenience only, and terms such as “including” are to be construed without limitation. This Agreement is written in English (US), which will control over conﬂicts in any translated version.
2. b.
  You and Facebook agree that no agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Facebook in any respect.
3. c.
  If Facebook fails to enforce any term of this Agreement or fails to respond to a breach by you, it will not be considered a waiver. Any waiver of this Agreement must be made in writing and signed by Facebook.
4. d.
  You may not assign or transfer this Agreement or any of your rights or obligations herein without Facebook’s prior written consent. Facebook has the right to assign this Agreement, any ancillary documents referenced in this Agreement (“Ancillary Documents”), and any related rights or obligations without notice to you. In the event this Section 17(d) conﬂicts with any provision in an Ancillary Document, the terms of this Section 17(d) will control.
5. e.
  If any part of this Agreement is found to be illegal, invalid or unenforceable by any court or administrative body of competent jurisdiction, that provision will be severed with the remainder of this Agreement remaining in full force and eﬀect.
6. f.
  This Agreement is binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns. Facebook may, from time to time, change or modify this Agreement or any of its terms and policies referenced in or incorporated by this Agreement.
7. g.
  Your continued use of the Products, following notice of the changes to Facebook’s terms and policies, including the terms of this Agreement, constitutes your acceptance of the amended terms and policies. Facebook may update the URLs in this Agreement at any time.
8. h.
  Facebook may utilize an agent, subsidiary, or aﬃliate (including Facebook Technologies, LLC or Facebook Technologies Ireland Limited) to process payment and shipping for hardware.