Enterprise Use Agreement – German Provisions

Last Updated: March 30, 2020
If you are a licensee based in Germany using the Products under the terms and conditions of the Oculus for Business Enterprise Use Agreement found at https://business.oculus.com/legal/enterprise-use-agreement/ (the “ Agreement ”), the Agreement will be modified as follows:
  • Section 6 of the Agreement, Limitation of Liability, is deleted and replaced with the following:
    1. a.
      Liability for intent and gross negligence: In cases of intent or gross negligence we shall assume liability for damages attributable to a breach of duty on our part or on the part of one of our representatives or vicarious agents.
    2. b.
      Liability for slight negligence: In cases of slight negligence we shall assume liability for injury to life, body or health attributable to a breach of duty on our part or on the part of one of our representatives or vicarious agents. Apart from that the following restrictions shall apply with respect to slight negligence:
      1. i.
        With respect to the violation of duties which are part of the (A) contractually agreed main performance or (B) duties of which performance is a fundamental precondition for the proper fulfillment of the contract itself and on which the performance of the contractual parties may regularly rely (hereinafter referred to as “ Cardinal Duties ”), we shall only assume liability for damages typical of such contract.
      2. ii.
        Liability for slight negligence shall be excluded for the violation of other than Cardinal Duties.
      3. iii.
        Liability for slight negligence shall be excluded for any Products that have been offered free of charge.
    3. c.
      Where, pursuant to this section, our liability is excluded or limited, the latter shall also apply to the personal liability of our employees, representatives or vicarious agents.
    4. d.
      Liability under product liability laws: Liability under mandatory product liability laws shall remain unaffected by the above clauses.
  • Warranty Rights. The following additional terms apply:
In the event of an error in the Product, instead of Section 5(b) of the Agreement, you have the statutory warranty rights set forth in Section 6 (Limitation of Liability) of these special terms and conditions designed for licensees based in Germany.
  • Applicable Law, Jurisdiction. Instead of Sections 13(a) and 13(b) of the Agreement, the following terms apply:
    1. a.
      This Agreement is subject to German law, excluding its conflicts of law rules, and excluding the UN Convention on the International Sale of Goods. Your access to and use of the Services may also be subject to other local, state, national or international laws.
    2. b.
      Any disputes arising from this Agreement are subject to the exclusive jurisdiction of the courts where you have your habitual residence.
  • Termination. Instead of Section 9(a) and 9(b) of the Agreement, the following applies: We reserve the right to terminate your right to access and use the Software and Support Services if you are in material breach of this Agreement, or any other terms or policies referenced herein. We will only terminate if, taking into consideration all circumstances and the interests of both parties, it would be unduly burdensome for us to continue the contractual relationship through the period of time until a termination for convenience would become effective. Unless such breach cannot be cured, we will provide you with a written request (e-mail being sufficient) to cure before terminating. Unless there are special circumstances which justify immediate termination (considering the interests of both parties), we will provide an appropriate amount of time to cure. We will only exercise this right within a reasonable amount of time after becoming aware of the breach.
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