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Headset Extended Community License Addendum to the Enterprise Use Agreement

Last Updated: October 11, 2020
This Headset Extended Community License Addendum (this “Addendum”) amends and supplements the Oculus for Business Enterprise Use Agreement provided at https://business.oculus.com/legal/enterprise-use-agreement/ (the “Agreement”) solely with respect to your use of the Products (as defined in the Agreement) for an Extended Use (defined below). In the event of any conflict or inconsistency between the Agreement and this Addendum, the terms of this Addendum will prevail. Capitalized terms used but not defined in this Addendum (as well as “you” and “your”) will have the meanings set forth in the Agreement. In addition, for purposes of this Addendum, “Customers” mean persons who you allow to use the Hardware and Software during the Extended Use. Customers are “Authorized Users” as defined in the Agreement.
  1. 1.
    License. In addition to the rights granted in Section 1(a)(i) of the Agreement, and subject to your compliance with the Agreement and this Addendum, Facebook grants you a non-exclusive, non-transferable, revocable, limited license to provide and permit use of the Software on the Hardware to Customers, as long as you have your personnel present at all times to administer and supervise the Customer’s use of the Hardware and Software (an “Extended Use”). For clarity, location-based experiences, arcades, and trainings are Extended Uses under this Addendum. Section 1(c)(iii) of the Agreement will not apply to your use of the Software on the Hardware for an Extended Use.
  2. 2.
    Software/Content. You will separately obtain any necessary permissions or licenses to any content that you permit to be used with the Software in the Extended Use. You may use Third Party Content in the Extended Use, including Third Party Content available on the Oculus Store, with permission from the third party that provided the content and subject to the terms and conditions provided by such third party. If there is a conflict between such third party terms and conditions and the Agreement, the Agreement will control. No other licenses or rights are granted to you by implication or otherwise. You may not use content created for the purpose of engaging in high-risk use activities. All content you use with the Software as part of the Extended Use will not violate the guidelines discussed in Section 2(d) of the Agreement, including 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/).
  3. 3.
    Support. Facebook will provide you with the Support Services as outlined in the Agreement, and you will not assign your Support Services except as authorized in the Agreement. Facebook will not provide specific support for Extended Uses.
  4. 4.
    Your Responsibilities. In connection with your use of the Software in the Extended Use, you will (and will cause your Authorized Users to, as applicable):
    1. a.
      follow all restrictions and guidelines set forth in the Agreement, unless otherwise provided in this Addendum;
    2. b.
      not 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;
    3. c.
      collect and set the fees (if any) you charge to Customers, including any sales, value-added or other taxes as required by applicable law;
    4. d.
      be responsible for and supervise all Customer access and use of the Hardware and Software;
    5. e.
      properly maintain the premises where the Extended Use takes place by, at least, keeping the premises clean (if applicable), providing sufficient space for optimal use of the Hardware, keeping the Hardware clean and in good working order, and ensuring that the Hardware is regularly charged;
    6. f.
      comply with all laws, rules, and regulations applicable to your Extended Use and use of the Products;
    7. g.
      prior to allowing Customers to use the Hardware and Software, provide a video or some other “proper use” training that instructs Customers on the proper use of the Hardware and Software and warns Customers about balance and other safety-related issues;
    8. h.
      provide to Customers all content-specific warnings for Third Party Content that you use in your Extended Use, including any warnings provided by the third party owner of the content;
    9. i.
      if you provide devices with Enterprise Software to Customers, notify Customers that the Oculus for Business privacy disclosure (https://business.oculus.com/legal/enterprise-privacy-disclosure/) applies;
    10. j.
      if you provide devices with Consumer Software to Customers, notify Customers that the Oculus Consumer privacy disclosure (https://business.oculus.com/legal/consumer-privacy-policy/) applies;
    11. k.
      provide to Customers accurate and complete disclosures that comply with applicable law regarding the privacy and security of any data collected, used, stored, transferred, or processed by you in connection with your Customers’ use of any software or experiences that you provide and of the Hardware or Software, which at a minimum will include the following disclosures:
      1. i.
        That you will collect, use, and have access to data about a Customer’s end-users for the purposes of provisioning, managing and monitoring the Customer’s use of Hardware, Software, or other software and experiences you provide, and for providing support to Customer; and
      2. ii.
        Facebook is not responsible for the collection, use, storage and disclosure of data by you related to Customer’s use of Hardware, Software, or other software and experiences you provide.
    12. l.
      follow all health and safety warnings provided by Facebook with or in connection with the use of the Hardware and Software.
  5. 5.
    Indemnification. You also 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 your or your employees’, contractors’, or affiliates’ acts or omissions, or violation of a representation or warranty or other violation of the Agreement or this Addendum or your collection, use, storage, disclosure or security of data related to Customers.
  6. 6.
    Insurance. For any period during which you provide the Hardware or Software to Customers, you will maintain sufficient insurance to meet your obligations as required by the Agreement and by law. Your insurance must include a minimum of $1 million per claim.
  7. 7.
    Use of Facebook Marks and Marketing. For clarity, 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 in a signed writing with Facebook. If the Extended Use takes place in a public space or a location accessible to the public, then any Facebook or affiliate Marks on the Hardware must be obscured by custom skin or other covering at all times during which the Hardware is used in your Extended Use.
  8. 8.
    Enforcement. Any questions or concerns regarding use of the Software in Extended Uses can be addressed to HECprogram@fb.com. Your violation of this Addendum may result in revocation of your license to use the Products for Extended Uses.
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