Last Updated: January 21, 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:
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.
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:
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.
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, instead of Section 5(b), you have the statutory warranty rights with Section 6 (Limitation of Liability) of these special terms and conditions designed for Germany applying to any liability.
Applicable Law, Jurisdiction. Instead of Sections 13(a) and 13(b), the following terms apply:
Termination. Instead of Section 9(a) and 9(b), the following applies:
We reserve the right to terminate your right to access and use the Software and 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 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.