Last Updated: January 21, 2020
This Hospitality Entertainment Combination Addendum (this “Addendum”) is intended to govern and allow your use of the Products (as defined in the Agreement) for Hospitality Entertainment Combinations (defined below). This Addendum is intended as a supplement to the Oculus for Business Enterprise Use Agreement provided at https://business.oculus.com/legal/enterprise-use-agreement/ (the “Agreement”) and is made part of and is governed by the Agreement, the terms of which are incorporated by reference. The Agreement will remain unchanged and in full force and effect except to the extent superseded below by the terms and conditions of this Addendum. 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 herein will be as defined in the Agreement. In addition, for purposes of this Addendum, Customers (as defined below) of a conforming Hospitality Entertainment Combination are “Authorized Users” as defined in the Agreement.
- License. Subject to your compliance with the Agreement and this Addendum, Oculus grants you a non-exclusive, non-transferable, revocable, limited license to use the Software in an entertainment-based experience that is offered onsite at a location bearing your branding (including an independent location or an individual station that is part of an arcade, a location-based experience, or other location that is accessed by the public or a subset of the public) (“Hospitality Entertainment Combination”). Section 1(c)(i) to (iii) of the Agreement will not apply to your use of the Software in a Hospitality Entertainment Combination.
- Software/Content. You will separately obtain any necessary permissions or licenses to any content that you permit to be used with the Software in a Hospitality Entertainment Combination. You may use third-party content in a Hospitality Entertainment Combination, 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. In the event of conflict between 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. All content used with the Software in a Hospitality Entertainment Combination will be for entertainment purposes only. You may not use content created for the purpose of engaging in high-risk use activities. All content you use with the Software in an Hospitality Entertainment Combination will not violate the guidelines discussed in Section 2(d) of the Agreement, including the Oculus Code of Conduct (provided at https://support.oculus.com/1694069410806625).
- Support. Oculus 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. You acknowledge that Oculus will not provide specific support for Hospitality Entertainment Combinations.
- Your Responsibilities. In connection with your use of the Software in a Hospitality Entertainment Combination, you will (and will cause your Authorized Users to, as applicable):
- follow all restrictions and guidelines set forth in the Agreement, unless otherwise provided in this Addendum;
- not modify the tracking functionality (including the implementation of any custom co-location functionality) on your Software or take any action that will disable, modify or interfere with the Oculus Guardian System;
- collect and set fees (if any) you charge to persons who you allow to use the Products as part of your Hospitality Entertainment Combination (“Customers”), including any sales, value-added or other taxes as required by applicable law;
- be responsible for all Customer access and use of the Products;
- properly maintain the Hospitality Entertainment Combination by, at least, keeping the premises clean, providing sufficient space for optimal use of the Products, keeping the Products clean and in good working order, and ensuring that the Products are regularly charged;
- comply with all laws, rules, and regulations applicable to your Hospitality Entertainment Combination and use of the Products;
- prior to allowing Customers to use the Software and Hardware, provide a video or some other “proper use” training instructing Customers on the proper use of the Products and warning about balance and other safety-related issues;
- provide to Customers all content-specific warnings for Third Party Content that you use in your Hospitality Entertainment Combination, including any warnings provided by the third party owner of the content;
- provide to Customers all necessary disclosures regarding privacy and security of any data collected, used, stored, transferred, or processed in connection with your Customers’ use of the Software or Hardware or any software or experiences that you provide; and
- follow all health and safety warnings provided by Oculus with or in connection with the use of the Software and Hardware.
- Indemnification. You also agree to indemnify, hold harmless, and defend Oculus, 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.
- Insurance. For any period during which you provide the Products 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.
- Use of Oculus Marks and Marketing. For clarity, Section 8 of the Agreement will apply to your use of Oculus Marks and Marketing in your Hospitality Entertainment Combination. Oculus Marks on the Products must be obscured by custom skin or other covering at all times during which the Product is used in your Hospitality Entertainment Combination.
- Enforcement. Any questions or concerns regarding use of the Software in Hospitality Entertainment Combinations can be addressed to HECprogram@fb.com. Your violation of this Addendum may result in revocation of your license to use the Products in your Hospitality Entertainment Combinations.